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.