Counterclaims and Counterpetitions
When someone starts a case against you, you usually file an Answer. The Answer tells the court you do not want what the other side is asking for. It is the most important step.
Sometimes you also have your own case against the person who sued you. A "counterclaim" or "counterpetition'"is how you tell the court what you want the court to do.
Counterclaim or counterpetition?
In regular civil cases (like car accidents or money disputes), this is called a "counterclaim."
In family law cases (like divorce or custody), it is called a "counterpetition.'"
Example
- Counterclaim: Someone says you owe them money. But they actually owe you money. You would use a counterclaim to demand your money.
- Counterpetition: You're getting divorced, and your spouse asks for custody. You also want custody. You would use a counterpetition.
If your case is for
- eviction, follow the instructions on the answer page instead
- small claims, see our small claims page instead.
Should you file one?
If you do not file a counterclaim or counterpetition when you should, you could lose your only chance to get what you deserve.
Not everyone needs to file a counterclaim or counterpetition. If you are not sure if you have a counterclaim or counterpetition, see our page on finding legal help.
Remember to prioritize your Answer - your counterclaim or counterpetition could be ignored if you skip the Answer.
Deadlines
You usually need to file your counterclaim or counterpetition at the same time you file your Answer. If you are not sure about your deadline, see our Answer page.
How to file
Choose what kind of case you have.
Step 1 - decide whether to file and what your claims are about
If you are not sure, see our page on finding legal help.
Step 2 - fill out the form
- 1012GE - Counterclaim
Step 3 - file with the court
See our filing page for instructions.
There is a filing fee. If you cannot afford it, you can ask for a fee waiver.
Step 4 - send copies of the papers to the other side
Follow the instructions on our serving other papers page.
Next steps
Make sure you file your Answer with your counterpetition. After you file and send your papers, you will need to complete your initial disclosures.
Family cases
Step 1 - decide whether to file
If you are not sure, see our page on finding legal help.
Step 2 - choose the right tool for your situation
- If you are responding to a new divorce or custody case, use MyPaperwork
- If you are responding to a:
- petition to modify custody - use the form petition on the modification page and change the title to "Counterpetition"
- petition to modify child support - use the form petition on the modification page and change the title to "Counterpetition"
- petition to modify a divorce decree - use the form petition on the modification page and change the title to "Counterpetition"
- petition to modify parent time - use the form petition on the modification page and change the title to "Counterpetition"
- If you are responding to some other kind of family law case use the court form
- 1009FA - Counterclaim - Family
Step 3 - file with the court
See our filing page for instructions.
There is a filing fee. If you cannot afford it, you can ask for a fee waiver.
Step 4 - send copies of the papers to the other side
Follow the instructions on our serving other papers page.
Next steps
Make sure you file your Answer with your counterpetition. After you file and send your papers, you will need to complete your initial disclosures.