Utah Small Claims Counterclaim: How to File a Counter-Affidavit

What a Counterclaim Does in Utah Small Claims

You've been sued in Utah small claims court, but you believe the plaintiff actually owes you money. Maybe a contractor is suing you for the final payment, but their work was defective and you paid another contractor to fix it. Or a landlord claims you owe back rent, but they never returned your security deposit.

A counterclaim — officially called a "Counter-Affidavit" in Utah — lets you bring your own money claim against the plaintiff in the same case. Instead of filing a separate lawsuit, both claims get heard at the same hearing. The judge sorts it out and issues one judgment covering both sides.

Counterclaims must be for money damages only (same as any small claims case) and can't exceed the $20,000 statutory ceiling.

The 15-Day Filing Deadline

In non-ODR (traditional) Justice Courts, you must file your Counter-Affidavit at least 15 calendar days before the scheduled trial date. This deadline is rigid — file late and the court can refuse your counterclaim entirely.

Count backward from your trial date. If trial is November 20, your Counter-Affidavit must be filed by November 5 at the latest. Calendar days include weekends and holidays, but if the filing deadline falls on a Saturday, Sunday, or state holiday, it extends to the next business day.

In ODR courts, you can raise your claim through the Online Dispute Resolution platform during the facilitated negotiation phase. If the case moves to trial, you must file a Counter-Affidavit and Summons at least 5 days before trial to present the counterclaim.

Counter-Affidavit Fees

Filing a Counter-Affidavit costs less than the original claim but still varies by amount:

• Counterclaims up to $2,000: $50
• Counterclaims $2,001–$7,499: $70
• Counterclaims $7,500–$20,000: $120

These fees are separate from any filing fees the plaintiff paid. If you qualify for a fee waiver based on income, you can apply — the same income thresholds and Motion to Waive Fees process apply to counterclaim fees.

How to File

Use the Small Claims Counter-Affidavit form (Form 1031XX series). You'll need:

• Your full legal name and address
• The plaintiff's name and the case number (from the Affidavit and Summons you were served)
• A clear statement of your claim: what the plaintiff owes you, why, and the dollar amount
• The factual basis — when the debt or damage occurred, what caused it

File the completed form at the same Justice Court where the original case was filed. Pay the counter-affidavit fee. The court clerk will ensure the plaintiff receives notice of your counterclaim before trial.

What Happens at the Hearing

Both claims are heard at the same trial. The plaintiff presents their case first, then you present both your defense and your counterclaim. The judge can ask questions of both sides and examine evidence for both claims.

Possible outcomes:

• Plaintiff wins their claim, your counterclaim is denied: you owe the full amount the plaintiff claimed
• You win your counterclaim, plaintiff's claim is denied: the plaintiff owes you
• Both claims partially succeed: the judge offsets the amounts — if the plaintiff is owed $2,000 and you're owed $3,500, the net judgment is $1,500 in your favor
• Both claims are denied: no one owes anyone

Bring organized evidence for your counterclaim just as you would for an original case — contracts, receipts, photos, communications, and repair estimates. Three copies: one for you, one for the judge, one for the plaintiff.

When a Counterclaim Triggers Removal

If the defendant wants a jury trial, the defendant can file a Notice of Removal within 15 days of being served, which transfers the entire case — original claim and counterclaim — to District Court.

Removal requires the District Court's $240 civil filing fee unless the fee is waived, so it's typically worth it only for larger or more complex disputes.

The Utah Small Claims Filing Guide covers both sides of the process — filing a claim and responding to one — with deadline calendars, fee schedules, and evidence organizers that work whether you're the plaintiff or the defendant bringing a counterclaim.

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