How to File a Counterclaim in Connecticut Small Claims Court

What a Counterclaim Does

A counterclaim flips the equation. Instead of only defending against the plaintiff's claim, you assert your own monetary claim against them — on the same case, decided at the same hearing. Under Practice Book § 24-19, Connecticut small claims defendants can file a setoff or counterclaim within the small claims court's jurisdiction; it does not have to arise from the same transaction or occurrence.

A contractor sues you for $3,000 in unpaid work. You believe the contractor damaged your property and owe you $2,500 in repairs. Rather than filing a separate lawsuit, you counterclaim for the $2,500 on your answer form.

The $95 Filing Fee

Unlike filing a basic answer (which is free for defendants), a counterclaim requires a $95 filing fee under CGS § 52-259(b) — the same fee a plaintiff pays to initiate a small claims action. Pay it at the time you file your answer and counterclaim with the Centralized Small Claims Office in Hartford.

If you cannot afford the fee, you can apply for a fee waiver using Form JD-CV-120 (Application for Waiver of Fees). You disclose your income, assets, and liabilities under penalty of false statement. If the court grants the waiver, the $95 is forgiven.

How to File the Counterclaim

The counterclaim is submitted on the same Form JD-CV-40A you use to answer the plaintiff's claim. Here is the sequence:

1. Check the "dispute" box on Form JD-CV-40A to contest the plaintiff's claim (if you are disputing it).
2. Complete the counterclaim section — state the factual basis for your claim and the dollar amount you are seeking.
3. Attach the $95 filing fee (check or money order payable to the Clerk, or pay via E-Services if filing electronically).
4. Submit the counterclaim by the Answer Date to the Centralized Small Claims Office. Practice Book § 24-19 also permits a counterclaim after the court grants a motion to open.
5. Send a copy to the plaintiff simultaneously.

Keep it factual and specific. "The plaintiff owes me money" is not enough. "The plaintiff's plumbing work on 15 June 2026 caused a water leak that damaged flooring, costing $2,100 to repair (estimate attached)" gives the magistrate something to work with.

Jurisdictional Limits Apply to Counterclaims Too

Your counterclaim is subject to the same monetary caps as the plaintiff's original claim:

If your counterclaim exceeds these limits, the small claims session lacks jurisdiction over the excess. You have two options: reduce the counterclaim to fit the cap (forfeiting the excess), or file a Motion to Transfer under Practice Book § 24-21 to move the entire case — claim and counterclaim — to the regular Superior Court docket. The transfer costs an additional $125.

What Happens at the Hearing

When both a claim and counterclaim are pending, the magistrate hears both sides in the same hearing. The plaintiff presents their case first, then the defendant presents their defense and their counterclaim evidence.

The magistrate can rule on the claim and counterclaim independently. Possible outcomes:

• Plaintiff wins the claim; counterclaim denied — you pay the plaintiff's amount
• Plaintiff wins the claim; counterclaim also wins — the amounts offset, and whoever owes more pays the difference
• Plaintiff's claim denied; counterclaim wins — the plaintiff pays you
• Both denied — case closed, no one pays

The offset outcome is particularly useful. If the plaintiff is awarded $3,000 and your counterclaim wins $2,500, the net judgment is only $500 against you.

Should You File a Counterclaim?

File a counterclaim when you have a legitimate monetary claim against the plaintiff that fits within small claims jurisdiction. The $95 fee is worth it if your claim has factual support — contracts, receipts, photographs, repair estimates, written communications.

Do not file a retaliatory counterclaim just to complicate the case or pressure the plaintiff into settling. Magistrates see through this, and a baseless counterclaim can undermine your credibility on the defense side too.

Mapping Your Full Response

A counterclaim is one of four options on Form JD-CV-40A — along with disputing, admitting, and requesting a payment plan. Our Connecticut Small Claims Response Guide walks through each option with decision trees and worksheets, so you can choose the response that fits your situation before the Answer Date.

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