Georgia Small Claims Court Counterclaim

What a Counterclaim Does to Your Case

You sue someone in Georgia Magistrate Court, and they respond by suing you back in the same case. That is a counterclaim. Under Uniform Magistrate Court Rule 13, the defendant includes their counterclaim in their Answer, filed within 30 days of being served.

As the plaintiff, this changes the dynamics of your hearing. You are no longer just presenting your evidence — you are also defending against the defendant's claims. The judge decides both sides at the same hearing.

Compulsory vs. Permissive Counterclaims

Compulsory counterclaims arise from the same transaction or occurrence as your original claim. If a contractor sues you for an unpaid invoice and you believe the work was defective, your claim for repair costs is compulsory — it must be filed as a counterclaim in this case. If you do not raise it now, you lose the right to bring it as a separate lawsuit later.

Permissive counterclaims arise from a completely separate transaction. If the contractor you are suing also happens to owe you money from an unrelated job, that is permissive — the defendant can raise it in this case if it falls within the court's jurisdiction, but they are not required to.

When a Counterclaim Exceeds the Limit

For actions filed through December 31, 2026, Georgia Magistrate Courts handle claims up to $15,000; the limit increases to $25,000 for actions filed on or after January 1, 2027. If the defendant files a compulsory counterclaim that exceeds the applicable cap, the Magistrate Court loses subject matter jurisdiction over the entire dispute — your original claim included.

The court must transfer the whole case to State Court or Superior Court. The defendant pays the transfer costs. You now find yourself in a higher court with more formal procedures, potentially longer timelines, and different rules about attorney representation.

This is worth knowing before you file. If the underlying dispute is complex and the other side might have significant counterclaims, filing in Magistrate Court could backfire by triggering a transfer that puts you in a more expensive, more complicated forum.

Preparing for a Counterclaim

If you think the defendant might countersue, prepare your defense at the same time you build your case. Gather evidence that addresses their likely claims — receipts showing you paid what you owed, photos proving the condition of property at handover, communications establishing that you performed your side of the deal.

At the hearing, the judge hears both sides. The plaintiff presents first (your original claim), then the defendant cross-examines and presents their counterclaim, and you get to cross-examine and rebut their evidence. Bring all documentation for both the claim and the defense — organized in three sets for the judge, the defendant, and yourself.

The Defendant's Deadline

The defendant has 30 days from the date of service to file their Answer and any counterclaims. If they miss this window, the case enters default status and the defendant cannot raise counterclaims without first opening the default (available as a matter of right during days 31–45 by filing an Answer and paying accrued costs).

A counterclaim filed late — after the default period — is generally barred.

The Georgia Small Claims Filing Guide covers both sides of the hearing: presenting your claim and responding to counterclaims, with an evidence binder index and deadline tracker to keep everything organized.

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