Minnesota Small Claims Court Counterclaim: What You Need to Know

You filed a claim in Minnesota Conciliation Court, and now the defendant has filed a counterclaim against you — or you are the defendant and want to assert your own claim against the plaintiff. Either way, counterclaims change the dynamics of a small claims case, and the deadlines are strict.

The 14-Day Filing Deadline

Under Minnesota General Rules of Practice 509(b) and 510, amended effective July 1, 2026, a defendant must file their counterclaim at least 14 calendar days before the scheduled trial date. This replaced the previous 7-day deadline.

To file a counterclaim, the defendant completes Form CCT202 (Defendant's Statement of Counterclaim), pays the applicable fee ($70–$80) or files an affidavit in lieu of fees, and files it with the court administrator. The defendant must also serve the counterclaim on the plaintiff by certified mail and file proof of service with the court administrator, all at least 14 days before trial. The court administrator sets a properly filed counterclaim for trial on the same date as the original claim; the defendant is responsible for notifying the plaintiff.

If the defendant misses the 14-day window, the counterclaim will not be heard unless the judge permits it.

What Counts as a Counterclaim

A counterclaim may be any claim the defendant has against the plaintiff that falls within Conciliation Court's jurisdiction, whether or not it arises from the same transaction or occurrence. If a homeowner sues a contractor for incomplete work, the contractor can counterclaim for unpaid invoices on that same job. An unrelated claim can also be asserted if it meets the court's jurisdictional limit.

The counterclaim must also fit within the $20,000 Conciliation Court limit.

Over-Limit Counterclaims and Removal

If the defendant's counterclaim exceeds $20,000, the defendant may use Rule 510 to remove the plaintiff's case from the Conciliation Court calendar if the counterclaim arises from the same transaction or occurrence. The defendant must:

1. Filing an affidavit at least 14 calendar days before trial stating that a bona fide counterclaim exceeding $20,000 exists
2. State that a District Court action has been started or will be started within 28 days

The court removes the original claim from the Conciliation Court calendar. If the defendant does not start the District Court action within 28 days, the plaintiff may seek to restore the case by filing an affidavit after 28 days and within three years, showing that the defendant has not served a summons. The court may impose costs up to $50 if the defendant failed to start the action and the removal was in bad faith or solely to delay or harass.

If You Are the Plaintiff

Getting hit with a counterclaim means your hearing just got more complex. You are now both pursuer and defender. Prepare evidence for your original claim and gather documents to rebut the counterclaim.

Key steps after receiving notice of a counterclaim:

• Read the CCT202 carefully to understand exactly what the defendant is claiming
• Gather evidence that contradicts their version of events
• Prepare a timeline showing the full transaction history
• Bring three paper copies of your evidence, including rebuttal evidence. Submit and share all digital exhibits through MNDES at least three days before trial.

At the Hearing

The judge hears both the original claim and the counterclaim together. The plaintiff presents first, followed by the defendant (who presents both their defense and their counterclaim). The judge can rule in favor of either party on either claim — or split the decision, granting part of one claim and part of the other.

If the combined claims result in a net amount (plaintiff wins $5,000 on the original claim, defendant wins $2,000 on the counterclaim), the judge may enter a single net judgment for the difference.

For a full guide to navigating the Minnesota Conciliation Court process — including how to prepare for counterclaim scenarios — see the Filing a Small Claims Case in Minnesota guide.

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