Establishing secure connection…Loading editor…Preparing document…

Small Claims Counterclaim

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

SMALL CLAIMS COUNTERCLAIM

Counterclaimant (original defendant)

Address

City, State, Zip

Telephone number

IN THE SUPERIOR COURT NO.
CAUSE NO.

Attorney (optional)

Address

City, State, Zip

Telephone

Attorney No.

vs.

Counterclaim defendant (original plaintiff)

Address

City, State, Zip

NOTICE OF COUNTERCLAIM

TO THE COUNTERCLAIM DEFENDANT (original plaintiff):

You have been counterclaimed against by the original defendant. This counterclaim, and your original claim, will be heard in the Superior Court No. on the same date, time, and place as your original claim. The counterclaimant may be given a default judgment against you if you fail to appear at that time.

The counterclaimant's claim is for:

A brief statement of the nature of the counterclaimant's claim against you is as follows:

The counterclaimant demands judgment against the original plaintiff for $ plus interest from at the rate of % and the court costs of this action.

Date

Signature of Counterclaimant (or attorney)

IMPORTANT INFORMATION CONCERNING THIS CLAIM

1. The Plaintiff or the Defendant may represent themselves individually or be represented by an attorney. A Small Claims Litigant's Handbook is available at the offices of the Clerk or Court for each party's benefit. The Plaintiff and Defendant should bring to trial all documents in their possession or under their control concerning this claim. The Court usually does not conduct a contested trial on the first hearing date except in a request for eviction or, if time permits and both parties are prepared to go forward.

2. A default judgment may be entered against the Defendant if he or she fails to appear for the first hearing or the trial, and if the Plaintiff fails to appear, the case will be dismissed (but may be refiled once more).

3. If the Defendant does not wish to dispute the Plaintiff's claim, the Defendant still may wish to appear to allow the Court to establish the method for paying the judgment.

4. Any request for a continuance of the first hearing or trial date by either party should be filed with the Court at least 5 days before the hearing date. Forms requesting a continuance are available at the Court's office. The party requesting a continuance must contact the other party regarding the request.

5. The Defendant must file with the Clerk and provide the Plaintiff with a written statement of any Counterclaim against the Plaintiff at least 7 calendar days before the trial. Forms are available for this purpose.

6. If a settlement of this claim is made out of Court, it should be in writing and signed by the Plaintiff and Defendant. Settlement forms may be obtained from the Court. The settlement shall be filed with the Court and will be entered in the Small Claims Docket and shall have the same effect as a judgment of the Court.

7. The filing of a Small Claim waives the Plaintiff's right to trial by jury. The Defendant may, no later than 10 days following service of the Notice of Claim, make a demand for a trial by jury in writing, in accordance with Indiana Code 33-5-2-7. If a jury trial request has been granted, it may not be withdrawn without consent of both parties. Both parties should then obtain attorneys. The Defendant must pay a $70 fee at the Clerk's office within 10 days after the jury request has been granted, otherwise, the Defendant gives up the right to a jury trial.

SHERIFF'S RETURN OF COUNTERCLAIM

I hereby certify that on the below date:

I served this Counterclaim by delivering a copy to the Counterclaim Defendant.

I served this Counterclaim by leaving a copy:

at the dwelling or usual place of abode of Counterclaim Defendant;

with a person of suitable age and discretion residing therein, namely

and by mailing a copy of the Notice of Claim to the Defendant, by first class mail, to the address listed on the Counterclaim (date copy mailed if Counterclaim of Claim because

I was unable to serve this Counterclaim because

Date:

Sheriff of

By:

Enter text✕
Prepare your document for signing right on this page
  • 01 Edit the text and complete the fields
  • 02 Click Sign Now and on the next screen add recipients and signature fields in SignNow
  • 03 Start your free trial to sign and send your doc
Sign Now

What a Small Claims Counterclaim Is and when it applies

A Small Claims Counterclaim is a written demand added to a small claims case by the defendant (respondent) seeking affirmative relief against the original claimant. It is filed and adjudicated within the same small claims court, typically addressing related facts or transactions and relying on the court's small‑claims jurisdictional monetary limit. Counterclaims streamline dispute resolution by resolving both claims in one proceeding, but they must comply with local small claims rules, filing formats, and service requirements to be accepted by the court.

Why adding a counterclaim matters in small claims court

Filing a counterclaim lets the court resolve related disputes between the same parties in one case, potentially offsetting liability and reducing duplicate filings. It conserves time and court resources while protecting a respondent's right to seek damages or relief.

Why adding a counterclaim matters in small claims court

Who typically prepares and files a Small Claims Counterclaim

Small claims counterclaims are used by self-represented individuals, small business owners, and property managers who face claims and want to assert related losses or claims in the same case.

  • Self-represented claimant: Files a counterclaim when the defendant caused separate, related damages and seeks to recover under the court's monetary limit.
  • Small business owner: Uses a counterclaim to recover unpaid invoices, property damage, or contract shortfalls tied to the claimant's action.
  • Property manager or landlord: Asserts repair costs, cleaning charges, or lease-related damages as a counterclaim linked to the tenant's original claim.

Parties should confirm local small claims rules or seek brief legal advice to ensure the counterclaim fits within jurisdictional limits and procedural requirements.

Typical signers and their roles

Claimant

The person or business that initiated the original small claims action. They may also face a counterclaim and will receive notice of any counterclaim filed against them; they attend hearings and respond to court orders.

Respondent

The defendant who files the Small Claims Counterclaim. The respondent prepares the factual statement, lists damages sought, attaches evidence, and signs or verifies the filing under local court rules.

Step-by-step: Completing a Small Claims Counterclaim

Follow a clear sequence to prepare, sign, and file a counterclaim so the court accepts it and the opposing party is properly notified.

  • 01
    Identify parties: Enter full legal names and contact details for claimant and respondent.
  • 02
    State the basis: Summarize facts and legal basis for your counterclaim clearly and concisely.
  • 03
    Specify damages: List exact dollar amounts or specific remedies sought.
  • 04
    File and serve: Submit to court clerk and serve the claimant per local rules.

How filing and service typically proceed

Filing a counterclaim follows a predictable flow: prepare the form, file with the court, and serve the opposing party according to local rules.

  • Prepare document: Draft the counterclaim and attach supporting evidence.
  • File with clerk: Submit original plus required copies; pay the filing fee.
  • Serve the claimant: Use the court-approved service method and proof of service form.
  • Attend hearing: Bring originals and copies of all evidence to the hearing.

Configuring an online workflow for a Small Claims Counterclaim

Set up a digital workflow to collect signatures, automate service, and preserve an audit trail for court submission.

Field Configuration
Party data Use required name, address, and contact fields with validation.
Signature field Place signer block and date field for each party.
Attachment slot Allow uploads for photos, receipts, or contracts.
Proof of service Include a fillable proof-of-service form to record service details.

Digital signing and eSubmission essentials

Choose a platform that supports audit trails, secure storage, and the file types the court accepts before e-filing or remote notarization.

  • Authentication options: Email, SMS codes, or stronger methods
  • Document formats: PDF, DOCX, or other court-accepted formats
  • Integrations: Works with common document systems

Confirm the court accepts electronic submissions or PDFs; when remote notarization is required, ensure the platform meets RON requirements and that the notary follows state rules and records the session.

Required information to include on the counterclaim

Court caption: Court name and case number
Party contact: Full address and phone
Statement of facts: Short factual chronology
Relief requested: Specific dollar amount
Attachments: Itemized evidence list
Signature: Signed and dated

Common mistakes to avoid when preparing a counterclaim

  • Entering inconsistent party names that prevent proper service or cause rejection by the clerk.
  • Failing to state a specific dollar amount or remedy, which can make the counterclaim non‑justiciable.
  • Omitting required proof of service or filing copies and thus losing the opportunity to present evidence.
  • Attaching irrelevant documents that distract from the core claim and lengthen adjudication time.

Consequences and procedural risks of an incorrect counterclaim

Dismissal risk: Court may strike or dismiss deficient filings
Sanctions: Possible cost awards or fines
Default judgment: Failure to serve may lead to adverse outcomes
Evidence exclusion: Untimely attachments may be excluded
Appeal limits: Lost issues may be hard to appeal
Fee exposure: You may owe filing or court costs

Comparing eSignature options for counterclaim filing and signing

Cost and feature differences matter when you need bulk sending, HIPAA support, or high-volume envelope allowances for repeated filings.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
Bulk Send Yes Yes Yes Yes Yes
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No

Core parts of a professional Small Claims Counterclaim

A well-structured counterclaim presents facts, damages, and evidence in clear sections so the court and opposing party can quickly assess its merits.

Case caption

Court name, county, case number, and party designations placed at the top to match the original filing and avoid clerical rejection.

Statement of facts

A concise, chronological narrative of events showing how the respondent suffered harm or loss related to the original claim.

Legal basis

Identify the legal theories or contract provisions supporting the counterclaim, stated plainly and tied to factual allegations.

Damages calculation

Itemize amounts claimed, including receipts, invoices, and clear arithmetic so the court can evaluate the requested relief.

Supporting exhibits

Attach labeled evidence such as photos, invoices, contracts, and correspondence, with an exhibit index for quick reference.

Signature block

Respondent signature, printed name, date, and verification or declaration per local rules to validate the filing.

Saving, exporting, and including supporting documents

Prepare final digital copies in formats accepted by court clerks and include certified or notarized attachments when required for evidentiary weight.

Export formats

Save the completed counterclaim as PDF/A or standard PDF for court submission; some clerks accept DOCX but PDF is most widely accepted.

Native files

Keep original editable copies (DOCX or native templates) for amendment and administrative edits before finalizing the signed PDF.

Certified copies

When required, obtain a certified copy or court-stamped proof of filing for enforcement and recordkeeping.

Supporting attachments

Bundle exhibits in sequential order, label each exhibit, and include an exhibit index to assist the judge and clerk.

Practical tips for an accurate, efficient counterclaim

Follow local form templates, be succinct, and preserve clear supporting evidence to improve acceptance and adjudication outcomes.

Match existing case caption
Ensure your counterclaim uses the same caption and case number as the original claim to prevent clerical rejection and ensure proper docketing.
Be specific and numeric
State exact dates, dollar amounts, and itemized losses rather than vague phrases so the court can assess damages quickly.
Attach a proof of service
Complete and file the court's proof of service form immediately after serving the opposing party to establish jurisdiction and timing.
Retain originals and receipts
Keep originals of all evidence and a signed copy of the filed counterclaim for enforcement, appeals, or collection after judgment.

Real-world examples of digital workflows for dispute filings

These customer examples show how digital signing and secure workflows supported dispute resolution and document turnaround.

Optica Ventures (Brian Fitzgibbons)

The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers.

  • Reduced turnaround and improved customer signature completion rates.
  • Optica streamlined counterclaim and invoice signings online, cutting in-person handoffs and preserving full audit trails for court submission.

Xerox (Kodi-Marie Evans)

airSlate SignNow provides us with the flexibility needed to get the right signatures on the right documents, in the right formats, based on our integration with NetSuite.

  • Integration enabled automated prefill and bulk sending for repetitive filings.
  • Xerox centralized evidence and signature collection across teams, reducing administrative bottlenecks during disputes.

FAQs and troubleshooting for Small Claims Counterclaims

Answers to frequent questions about form acceptance, e-signing, service, and common procedural issues encountered with counterclaims.


Need help? Contact support

Explore Templates

Conditional Waiver and Release on Progress Payment Unconditional Waiver and Release on Progress Payment Arizona Satisfaction of Judgment Unconditional Waiver and Release on Progress Payment Letter Requesting Plumbing Repairs Arizona Employer's Report of Industrial Injury
be ready to get more
Join over 28 million airSlate SignNow users
Sign Now
Company
Forms
Pricing
Resources
Knowledge base
Other Products
© 2026 airSlate Inc. All rights reserved.