How to File a Counterclaim in a County Court Money Claim

If someone sues you in the County Court but you believe they owe you money from the same dispute, you do not need to start a separate claim. You can file a counterclaim — an independent claim against the claimant — alongside your defence. The two are then dealt with together.

A homeowner sued by a builder for £5,000 in unpaid invoices, for example, can counterclaim for the £3,000 cost of fixing defective work. The court hears both claims at the same hearing and can set off one against the other.

Filing a Counterclaim With Your Defence

Under CPR Part 20 (specifically CPR 20.4), you can file a counterclaim alongside your defence as of right — no court permission is needed. You use the same Form N9B that carries your defence. The counterclaim section follows the defence section on the form.

Your counterclaim must set out:

• The factual basis for your claim (what happened, when, what you lost)
• The amount you are claiming
• How it relates to the original dispute
• A Statement of Truth

Structure it the same way as any Particulars of Claim: chronological facts, specific sums, and referenced evidence.

Court Fees

A counterclaim requires a court fee based on the value of your cross-claim, calculated under the EX50 fee schedule. For small claims track counterclaims (up to £10,000), fees range from £35 (claims up to £300) to £455 (claims £5,001–£10,000).

If you cannot afford the fee, you can apply for Help with Fees (Form EX160). Eligibility depends on your income, savings, and whether you receive certain benefits.

Filing a Counterclaim After the Defence Deadline

If you missed the window to file alongside your defence, you can still bring a counterclaim — but you need court permission. This requires:

1. An application on Form N244 (Application Notice)
2. The court fee for the N244 application (£321 on notice to the other party, or £126 by consent)
3. A draft of the proposed counterclaim
4. An explanation of why it was not filed with the defence

Courts grant late counterclaims where the cross-claim arises from the same facts and would otherwise require separate proceedings. They refuse them where the delay is unexplained or would cause unfair prejudice to the claimant.

What Happens Next

Once filed, the counterclaim survives independently of the original claim. Under CPR 20.3, if the claimant discontinues, admits, or settles the original claim, your counterclaim continues to trial. This is important: settling the claim against you does not make your counterclaim disappear.

Both claims are allocated to a track together. If the original claim is £4,000 and your counterclaim is £3,000, both remain on the small claims track. If either pushes the combined value above £10,000, the case may be allocated to the fast track.

The court will issue Directions Questionnaires (Form N180 for small claims) to both sides, schedule mediation if the case is on the small claims track, and set a hearing date. At the hearing, the judge decides both claims and can set off one judgment against the other.

The England & Wales Money Claim Response Guide includes a counterclaim drafting framework and worked examples for the most common dispute types — contractor, landlord-tenant, and vehicle sales.

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