How to File a Counterclaim in Tennessee General Sessions Court

Someone sued you in Tennessee General Sessions Court, but the story isn't one-sided — the plaintiff actually owes you money from the same dispute. A contractor sued you for the unpaid balance, but they left the job half-finished and you paid someone else to complete it. A former tenant sued for their security deposit, but they left damage that exceeded the deposit. You don't just want to defend — you want to recover what's owed to you.

That's what a counterclaim is for.

What a Counterclaim Does

A counterclaim is your own lawsuit against the plaintiff, filed within the same case. Instead of just defending against their claim, you're asserting that they owe you money arising from the same transaction or occurrence. The judge hears both claims together and can award damages to either side — or both.

In Tennessee General Sessions Court, the counterclaim cap matches the court's jurisdictional limit: $25,000 (or $50,000 for cases filed on or after July 1, 2025, under HB 982/SB 572). If your counterclaim exceeds that limit, you can petition for a jurisdictional transfer to Circuit Court under TCA § 16-15-732, where there's no monetary cap. The entire case — both the original claim and your counterclaim — moves to Circuit Court.

Written vs. Oral Counterclaims

General Sessions Court is less formal than Circuit Court, and in some counties, counterclaims can be raised orally at trial. However, local court rules generally require you to file a written counter-complaint with the clerk before the hearing. There are two practical reasons to file in writing:

1. Notice — the plaintiff deserves advance warning that you're asserting a claim against them, so they can prepare their defense
2. Filing fees — the clerk needs to collect the counterclaim filing fee (typically around $52, though fees vary by county)

Contact your county's General Sessions Court Clerk to ask about their specific counterclaim filing process. Some counties have a standard form; others require you to draft a written counter-complaint that describes your claim and the amount you're seeking.

How to File

1. Draft or obtain the counter-complaint — include your name, the plaintiff's name, the case number, a description of what the plaintiff owes you, and the dollar amount
2. File with the General Sessions Court Clerk — pay the filing fee
3. Serve the plaintiff — the clerk will arrange service through the sheriff, a constable, or certified mail, just like the original warrant
4. Prepare your evidence — gather contracts, receipts, photos, communications, and any other documentation that supports both your defense and your counterclaim

File your counterclaim as early as possible before the hearing date. Waiting until the day of trial risks the judge denying it for lack of notice to the plaintiff, or requiring a continuance that delays your case.

At the Hearing

When the case goes to trial, the judge hears the plaintiff's claim first, then your defense, and then your counterclaim. You'll need to present evidence supporting your counterclaim just as the plaintiff presented evidence for their claim — documents, witnesses, testimony.

The judge can:

• Rule entirely for the plaintiff (dismiss your counterclaim)
• Rule entirely for you (dismiss their claim and award your counterclaim)
• Award partial amounts to both sides, with a net judgment for whoever is owed more
• Dismiss both claims

When a Counterclaim Triggers a Transfer

If your counterclaim exceeds the General Sessions jurisdictional limit, you can file a motion to transfer the entire case to Circuit Court under TCA § 16-15-732. You'll need to pay the transfer fee and file the appropriate paperwork with the clerk.

This is a strategic decision. Circuit Court offers full discovery (depositions, interrogatories, document requests) and follows the Tennessee Rules of Civil Procedure — but it's also slower, more expensive, and more formal. For straightforward disputes under the General Sessions limit, staying in General Sessions is usually faster and simpler.

Counterclaim vs. Separate Lawsuit

You could file a completely separate lawsuit against the plaintiff instead of a counterclaim. But there are downsides: you'd pay a full filing fee, the cases might be heard by different judges, and the plaintiff could argue that the issues should have been resolved in the original case. A counterclaim keeps everything in one proceeding, saves money, and gives the judge the full picture.

The Tennessee Small Claims Response Guide covers counterclaims alongside every other defendant option — from contesting the claim to settling, requesting installment payments, and appealing — so you can choose the response strategy that fits your situation.

See more Tennessee guides →