Counterclaims

What if the Defendant Opposes my Claim?

The defendant may file a Reply to a Claim that disputes all or part of the claim you filed. They might even decide to sue you – this is called a counterclaim. The court registry will send you a copy of the Reply. In addition, the registry will notify you that a date has been set for the next step in the court process.

What if I Receive a Counterclaim?

If you receive a counterclaim, the defendant is now suing you. The court registry will send you a copy of the defendant’s reply to your claim. If it includes a counterclaim, you must provide a reply by completing the Reply to a Claim form. The process you follow will be the same one that the defendant followed to reply to your claim. See Reply.

You have the following options:

• Pay the amount of the counterclaim directly to the defendant and ask the defendant to withdraw the counterclaim
• Complete a Reply to a Claim form and file it with the court
• Admit all or part of the counterclaim and explain why
• Admit all or part of the counterclaim and propose a payment schedule
• Oppose all or part of the counterclaim and explain why

The claim and counterclaim will be handled by the court at the same time.

To reply to a counterclaim you fill out the Reply form according to the instructions and file within 14 days of being served with the counterclaim.