How to File a Counterclaim in Texas Small Claims Court

When Defending Is Not Enough

Sometimes the person suing you actually owes you money. A contractor sues for an unpaid invoice, but their shoddy work cost you thousands in repairs. A former landlord demands property damage payments, but they never returned your security deposit. In situations like these, a general denial keeps you from losing — but a counterclaim lets you win something back.

A counterclaim is an affirmative demand for money filed by the defendant against the plaintiff in the same case. In Texas Justice Court, counterclaims are governed by TRCP Rule 502.6.

Requirements for Filing

Your counterclaim must meet these conditions:

• The amount cannot exceed $20,000 (excluding statutory interest and court costs but including attorney fees, if any), matching the same jurisdictional cap that applies to the plaintiff's claim under TRCP Rule 500.1(a)
• The claim must be against the plaintiff — you cannot use a counterclaim to bring in a third party who is not part of the lawsuit
• The counterclaim follows the petition requirements under TRCP Rule 502.2 — case caption, names and contact information, a clear statement of your claim, and the amount you are seeking. Attach supporting documents if you rely on them; the rule does not require them with the petition.

You do not need a separate citation for your counterclaim. Service on the plaintiff follows TRCP Rule 501.4. For an e-filed counterclaim, use the electronic filing manager if the plaintiff's or attorney's email address is on file there (Rule 21a(a)(1)); otherwise, use hand delivery, certified or registered mail, courier-receipted delivery, fax, or direct email only if the plaintiff expressly provided the address and consented in writing. The plaintiff does not have to file an answer to your counterclaim (Rule 502.6(a)).

Timing and Fees

File your counterclaim as early as possible — ideally alongside your answer. Rule 502.6 does not set a separate deadline for an original counterclaim. An amended pleading generally must be filed and served at least 7 days before trial; the judge may allow a later amendment if it will not surprise the other party (Rule 502.7(a)).

There is a local filing fee for counterclaims. TRCP Rule 502.6(a) requires payment of the fee or a Statement of Inability to Afford Payment of Court Costs; check the precinct's fee schedule for the amount.

Common Counterclaim Scenarios

Contractor disputes. The contractor sues you for an unpaid balance. You counterclaim for the cost of fixing defective work, the price of hiring a replacement contractor, or damages to your property caused by the original contractor's negligence.

Security deposit disputes. Your former landlord sues for property damage exceeding the security deposit. If the landlord acted in bad faith by retaining part of the deposit in violation of the subchapter, you can counterclaim under Texas Property Code § 92.109 for $100, three times the portion wrongfully withheld, and reasonable attorney's fees.

Private vehicle sales. The buyer sues you over an alleged defect. You counterclaim for unpaid balance on the sale or damages to the vehicle that occurred while it was in the buyer's possession before they returned it.

Service disputes. A vendor sues for an unpaid invoice. You counterclaim for the cost of the defective service, lost business, or out-of-pocket expenses you incurred because the vendor failed to deliver what was promised.

At the Hearing

Both the plaintiff's claim and your counterclaim are heard at the same trial. The judge considers each claim independently — it is possible for the plaintiff to win on their claim and for you to win on your counterclaim, resulting in a net award after the two amounts are offset.

Present your counterclaim evidence separately from your defense evidence. Your defense says "the plaintiff has not proved their case." Your counterclaim says "and here is what the plaintiff owes me." Different burden, different evidence.

If the combined amounts are close, consider whether settlement makes sense. Two opposing claims of similar size sometimes cancel each other out, and both sides save the time and stress of a hearing.

For the full defendant response workflow — including answer drafting, counterclaim filing, and hearing preparation — see the Texas Small Claims Response Guide.

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