Counterclaims

Last Reviewed: June, 2021 Reviewed by: JES Contributors

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. 
 

In BC Small Claims Court, the process your case will follow depends on the location where the claim was filed. To learn about the next step in your case, see Court Processes Overview.

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