How to File a Counterclaim in Iowa Small Claims Court

When someone sues you in Iowa small claims court, you don't just have to play defense. If the plaintiff owes you money from the same dispute — a contractor who damaged your property while doing the work they're billing you for, a landlord who kept your deposit and left repairs undone — you can file a counterclaim and let the magistrate sort out both sides at the same hearing.

What a Counterclaim Is (and Isn't)

A counterclaim is your own lawsuit against the plaintiff, filed within the same case. You're not just saying "I don't owe you" — you're saying "you owe me." The magistrate considers both claims together and can award money to either side.

A counterclaim must arise from the same transaction or dispute as the original claim. If a contractor sues you for $3,000 in unpaid work and you believe their shoddy work caused $2,500 in damage to your kitchen, that's a valid counterclaim. If the same contractor also owes you $500 from an unrelated loan, that's a separate dispute — you'd need to file your own original action.

The Counterclaim Form: eForm 3.13

Iowa uses eForm 3.13 ("Counterclaim against Plaintiff(s)") for small claims counterclaims. You can download it from the Iowa Judicial Branch website under Chapter 3 court forms, or generate it through the Iowa Interactive Court Forms (IICF) system.

The form asks for:

• Your case number and county (same as on the Original Notice)
• The names of all parties
• The dollar amount you're claiming
• A description of what the plaintiff owes you and why

File eForm 3.13 at the same time as your Appearance and Answer (eForm 3.11). Both go through EDMS. eForm 3.11 has options to deny the claim, admit it, or admit it in part; it has no counterclaim checkbox.

Filing Fee

The $115 filing fee applies to starting the small claims action. Filing an answer and counterclaim in the existing case does not require a separate small claims filing fee.

The $6,500 Cap

Counterclaims in Iowa small claims are capped at the same $6,500 jurisdictional limit as original claims under Iowa Code § 631.1. If your counterclaim exceeds $6,500, you have two choices:

Waive the excess. Cap your claim at $6,500 and give up the rest permanently. The case stays in small claims court.

Ask the court to use the regular civil procedure for the counterclaim. Under Iowa Code § 631.8(4), the court can try the counterclaim under regular civil procedure while the original claim stays in small claims, or try the entire action as a regular civil action. This means more formality, potentially longer timelines, and the possible need for an attorney.

For most small claims disputes, waiving the excess and staying in small claims court is the practical choice.

What Happens After You File

Here's the part that surprises most defendants: the plaintiff doesn't have to file a response to your counterclaim. Under Iowa Code § 631.7, counterclaims in small claims are automatically deemed denied. The plaintiff shows up at the hearing and contests your counterclaim there — no additional paperwork required on their end.

The court schedules a single hearing where the magistrate considers the original claim and the counterclaim together. The plaintiff presents their case first, then you present your defense and your counterclaim evidence. The magistrate can award money to either party, or to both on different portions of the dispute.

Practical Considerations

Don't file a counterclaim just to be aggressive. If you don't have a genuine monetary claim against the plaintiff, a counterclaim can weaken your credibility with the magistrate. A strong denial with good evidence is often more effective than a weak counterclaim.

Prepare evidence for both sides. You'll need to defend against the plaintiff's claim and prove your counterclaim at the same hearing. Bring three copies of every document — one for the magistrate, one for the plaintiff, one for yourself.

Service happens through EDMS. When you file through EDMS, the system automatically generates a Notice of Electronic Filing that serves as formal notice to the plaintiff. If the plaintiff is exempt from eFiling, mail them a copy and complete the Certificate of Service.

The Iowa Small Claims Response Guide covers counterclaim strategy alongside the full response process — from deciding whether a counterclaim makes sense for your situation through filing both forms and preparing your evidence.

See more Iowa guides →