The People of California. This case is being trail at the courthouse.
If you are served with a Counterclaim Small Claimsone of your options is to simply pay the money that the counterclaimant is seeking. You can also try to negotiate with the counterclaimant to resolve the case. You and the counterclaimant are free to work out whatever arrangement you can both agree to — which might involve paying money, but could also involve returning property or performing some service.
If you are able to settle the counterclaim, make sure you write out your agreement, that both parties sign it, and that you keep a copy. The NJC's no-cost mediation service may be able to help you resolve the dispute. Click to visit Mediating a Small Claims Dispute for more information. If you and the counterclaimant resolve the counterclaim, the counterclaimant will need to notify the court.
In all other jurisdictions besides Las Vegas, the counterclaimant can simply write a letter to the court clerk stating that the counterclaim has been settled.
You will need to make sure the clerk understands that only the counterclaim has been resolved and that your complaint is still going forward, assuming that is the case. If you are not able or do not want to settle the counterclaim, you do not need to file anything with the court if you have been served with a counterclaim.
You simply attend the scheduled court date to defend yourself. The date and time of the mediation or hearing should be stated on the counterclaim you received. For more information, click to visit Going to Small Claims Court. If you fail to attend the scheduled small claims hearing, the judge could enter a money judgment against you for whatever amount the counterclaimant is requesting.
The counterclaimant could then try to collect that judgment by, for example, garnishing your wages or taking the money from your bank account.
Can I ask the court to dismiss the counterclaim? If your small claims case is in the Las Vegas Justice Court, you can file a Motion to Dismiss and ask the judge to dismiss the counterclaim if you believe it is legally defective. The following are some examples of legal arguments you can make to try and dismiss the case: The small claims court has no jurisdiction because you do not currently live, work, or do business in Las Vegas.
The defendant is asking for a remedy that the small claims court cannot grant for example, the return of a vehicle.
The defendant filed the case after the statute of limitations had already run. The debt the defendant is trying to collect has been discharged in bankruptcy. Your motion will be reviewed by a judge.
The judge can also issue a decision without a hearing. If you do get a hearing, you should be prepared to state your arguments.
If your motion is denied, the counterclaim will go forward.Within the County Courts will be Family Court, Juvenile Court, tax court, small claims court and drug court.
The County court is the court of original jurisdiction. They will deal with felony or high misdemeanor cases. Prepare a Complaint below to file a Small Claims case against David Deadbeat in the Franklin County Municipal Court, Small Claims Division.
I provide you with a fillable form in the question below and you will save it as your submission. small claims court Essay Words | 3 Pages. On March 1, , I went to the 3rd District Matheson Court House in the down town area and sat in on a few small claims court cases.
Home» Self-Help» Small Claims» Suing Someone In Small Claims» Responding To A Small Claims Counterclaim Responding To A Small Claims Counterclaim Learn what you can do if the person you are suing turns around and sues you, including how to file a response to a Small Claims Counterclaim.
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There's a big difference between "small claims court" (up to $10,) and "pro se small claims court" (up to $). Pro se court will be more like Judge Judy.