New York Small Claims Court Counterclaim

When a Counterclaim Makes Sense

A counterclaim is your way of telling the court that the person suing you actually owes you money from the same transaction. A homeowner sued by a contractor who left the job half-finished, a tenant sued by a landlord who never returned the security deposit, a seller sued by a buyer who still owes a balance — these are textbook counterclaim situations. If you only defend against the plaintiff's claim, the most you can achieve is a dismissal. A counterclaim lets you walk out with a judgment in your favor.

The Filing Process Step by Step

Filing a counterclaim in New York small claims court is straightforward:

1. Get the form from the clerk. Go to (or call) the clerk's office of the court where the original claim was filed. Ask for a Small Claims Counterclaim form. Some courts have it available online through nycourts.gov, but not all.

2. Fill it out. You will list your name and the plaintiff's name, the index number from your Notice of Claim, the dollar amount you are seeking, and a brief factual description of why the plaintiff owes you money.

3. Pay the filing fee. The statutory fee ranges from $3 to $5 depending on the court, plus the cost of ordinary first-class postage so the clerk can mail a copy to the plaintiff.

4. The clerk handles service. Unlike regular civil actions, you do not need to hire a process server. The clerk mails the counterclaim directly to the plaintiff.

The Five-Day Filing Window

Under 22 NYCRR Sections 208.41 (NYC Civil Court), 210.41 (City Courts), and 214.10 (Justice Courts), counterclaims should be filed within five days of receiving the Notice of Claim. This is not a hard cutoff — counterclaims filed after the five-day window remain legally valid up until the hearing. However, if you file late, the plaintiff has the right to request an adjournment to prepare a defense against your counterclaim. Filing within the window keeps both claims on the same hearing date without delays.

Monetary Caps Apply to Counterclaims Too

Your counterclaim cannot exceed the monetary limit of the specific court:

• NYC Civil Court: $10,000
• City Courts and District Courts (Nassau, Suffolk): $5,000
• Town and Village Justice Courts: $3,000

If your damages exceed the cap, you have two options. You can waive the excess to stay in small claims, or you can apply to transfer the entire action — both the original claim and your counterclaim — to the regular civil part or Supreme Court. Transferring means formal rules of evidence and procedure apply, which usually requires an attorney.

What Happens at the Hearing

When both parties appear on the hearing date, the judge or arbitrator hears the plaintiff's claim first, then your counterclaim. You present evidence for both your defense and your own claim for damages. The court can award money to either side, offset the amounts, or dismiss one or both claims.

Bring printed evidence supporting your counterclaim — contracts showing the plaintiff's obligations, receipts for costs you incurred because of the plaintiff's failure, photographs, and any written communications. Prepare three copies of everything.

Get the Full Counterclaim Workflow

The Responding to a Small Claims Case in New York guide includes a printable counterclaim tracker that walks you through the filing fee, the five-day window, and evidence organization for presenting your counterclaim alongside your defense at the hearing.

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