Today’s SK Question Of The day on #SmallClaimsCourt comes from Kenny Lee ! Hello SK I would like to know how I sue someone back if they sue me first ?
Hi Kenny , Sure it called counter suing and is a defendant’s claim and if you been sued first then you counter sue!
If the person suing you (called “the plaintiff”) owes you money , or cause you financial harm , you can ask the court to decide your claim and the plaintiff’s claim at the same time. If you want to do this, you must normally file and serve a defendant’s claim using the correct form! You must serve them at least 5 days before the hearing date. But, if you were served with the Plaintiff’s Claim ten days or less before the hearing date you must file and serve your defendant’s claim at least 1 day before the hearing date.
Kenny Keep in mind that, if you want to sue the plaintiff as part of the claim he or she filed against you, you have to meet the requirements for small claims. This means that you cannot ask for more than $10,000 in your claim. If you are a business or other entity (like a government entity) or corporation you cannot ask for more than $5,000. And you cannot have a attorney represent you in court. But you can talk to an attorney before or after your court trial but you must represent yourself at small claims court!
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, attorney’s can represent each side in a civil lawsuit !
Civil claims are a lot more money for filing and the turn around time is much longer then small claims court ! Small claims is more affordable and you don’t need an attorney to represent you in a small claims case you represent yourself!
If you’re suing for over $10,000 then it’s best to do a civil complaint for money with an attorney
FYI: You can only file a defendant’s claim against those who have sued you first. For example, if you were only sued by the owner of a car for a car accident you were in and not sued by the driver of that car, then you cannot file a defendant’s claim against both the owner and the driver. Only who sued you , make since ?
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