Small Claims Court FAQ

Questions:

• Can any kind of case be resolved in small claims court?
• Are there time limits in which a small claims court case must be filed?
• How much can I sue for in small claims court?
• Where should I file my small claims lawsuit?
• What can I do to resolve my problem without going to small claims court?
• Will I get paid if I win the lawsuit?
• If I'm sued in small claims court but the other party is really at fault, can I countersue?
• What should I do to prepare my small claims case?
• What's the best way to present my small claims case to a judge?
• Can I bring a lawyer to small claims court?
• If I lose my case in small claims court, can I appeal?

Answer:

If I'm sued in small claims court but the other party is really at fault, can I countersue?

In some states, you can countersue as long as your claim arises out of the same event or transaction. In fact, in some states you must file a countersue if you have a claim against the other party; in those states you cannot sue over the same dispute in a later lawsuit.

If the amount you sue for is under the small claims limit, your case will probably remain in that court. If, however, you want to sue for more, check with your small claims clerk for applicable rules. Often, you'll need to have the case transferred to a different court that has the power to handle cases in which more money is at stake.