Counter Suing When You Are Sued First! Filing A Defendant’s Claim In Small Claims Court

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 ?

I hope this answers your #QuestionOfTheDayOnSmallClaimsCourt

If you have a question of the day on #SmallClaimsCourt please submit your questions too me at

and Ill be happy to answer your #QOTD for you on #SmallClaims

Kindest Regards,
SK Strong

EZ Small Claims

#SmallClaim #Smallclaims #EZSmallClaims #EZSmallClaimsMadeEZ #EasySmallClaims #ProcessServing #APlusRatingWithBBB #31YearsOfDoingBusiness 


by SK

Hello I am SK Strong and I am one of the top small claims specialist in California. I am here to help you! It is my goal to help each of my clients win their case and I do my very best to help and fight for you to win your case. I am not an attorney nor practice as one. However, I know the small claims rules and an advocate to help the public know there right when it comes to filling a small claims lawsuit, I help each client that contacts our office and do my very best to help you know your rights. My office assist with typing, filing, and serving your small claims all for you. My office is here for ongoing support and rated the best in customer service in small claims. Also rated A+ with the BBB. We Are EZ Small Claims bought to you by Yale Attorney Service, We been in business for over 33 years helping the public with all there Small Claims needs. We Will Type, File, and Serve and file the proof of service all for you, taking the stress and burden off you by helping you through the stressful process of a small claims lawsuit. When your court date comes you just show up to court and present your case. We do our best to make this easy for you. We put the "E" in EZ Small Claims. My father came up with the name EZ Small Claims back in 2005 and was using the name to start helping the public as he worked full time for many law offices and in 2010 I took over and took EZ Small Claims to be #1 in customer service and on going support during your entire small claims process. We are also BBB approved with an A+ rating. See why we are #1 in legal document assistance and process serving and Call us today. SK Strong EZ Small Claims Small Claims Specialist (909) 986-0883 * I am not a lawyer and do not practice as one. I am here to help assist you with small claims document preparation. Small claims court was made for the average person can afford to sue to get back money in a fair inexpensive matter, I post questions ask to me and answer that you can find on the court websites I am here to help the public understand their rights and be an advocate **** In preparation of these blog, every effort has been made to offer the most current and correct information possible. However, inadvertent errors can occur, and applicable fees, laws, rules, and regulations often change. None of the information provided on this site should be construed as legal advice. The information published is a general summary of the rules concerning service of process, or other small claims questions and may not apply directly to any specific circumstance.

2 thoughts on “Counter Suing When You Are Sued First! Filing A Defendant’s Claim In Small Claims Court

    • SK
      SK says:

      Are you counter suing for $5,000 ? What are you suing for? You can sue if someone owes you money, but remember there are time frame to bear in mind. Call my office and you can consult with me about your case.
      SK Strong
      (909) 986-0883

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