Counterclaims

Process


A counterclaim is when the defendant makes a claim opposing the claim of the plaintiff. Counterclaims must be filed at least five days before the date set for the court hearing (Saturday, Sunday and holidays are not included in the calculating). The defendant must pay a filing fee also.

The Court Administrator will notify you if a counterclaim has been filed.

Claims Above The Limit


If the claim against you is above the legal limit for Conciliation Court, the case then will be heard in District Court. The Defendant must also file an affidavit with the Court Administrator that the claim is filed in District Court. The Court Administrator will notify you if the hearing has been moved to District Court.

You may have your claim reinstated any time after 30 days and up to 3 years upon filing an affidavit with the Court Administrator that the defendant has not served you with a summons or taken the matter to District Court.