Rule 5 Counterclaims

If someone sues you in small claims court and you feel like you also have a claim against them, you can't just bring that claim up as part of their case against you. Small claims court doesn't allow counterclaims within the same lawsuit.

Instead, you have to start your own separate case. You can file this new case in the same small claims court, but it will be treated as its own action with its own paperwork and its own filing fee. The two cases may end up being handled around the same time, but they stay separate from a legal standpoint.

This means if you want to sue the person who is suing you, you need to take the extra step of filing a new claim rather than just responding to theirs. It's a simple process, but it does require you to act on your own to get your side heard.