Washington Small Claims Counterclaim: How to File and What It Costs

If someone sued you in Washington small claims court and they actually owe you money from the same transaction, you can file a counterclaim. It gets heard at the same hearing as the plaintiff's claim, and even if the plaintiff drops their case, your counterclaim survives.

What Qualifies as a Counterclaim

A counterclaim is a claim against the plaintiff. Under CRLJ 13, a counterclaim may arise from the same transaction as the original claim or from a different transaction. A contractor sues you for $3,000 in unpaid work — you counterclaim for $5,000 in damage they caused during the job. A landlord sues for unpaid rent — you counterclaim for the security deposit they never returned.

An unrelated counterclaim is permissive under CRLJ 13(b), subject to the small claims jurisdictional limit and local filing procedures.

Dollar Limits

The same jurisdictional caps apply to counterclaims as to original claims:

• Individuals (natural persons): up to $10,000
• Business entities (corporations, LLCs, partnerships): up to $5,000

If your counterclaim exceeds these limits, you cannot remove the original small claims case just by filing it. Under RCW 12.40.027, you may pursue the over-limit claim as a separate Superior Court action while the small claims case continues. The small claims court may transfer its case after notice and a hearing.

Filing Steps

1. Complete a Notice of Small Claim / Counterclaim form at the court clerk's office
2. Pay the filing fee — $35 base under RCW 12.40.020, plus a local dispute resolution surcharge of up to $15, for a total of $35–$50 depending on the county (Pierce County charges $50)
3. File with the District Court clerk
4. Serve the plaintiff with a copy at least 10 calendar days before the hearing date under RCW 12.40.040

The 10-day service requirement is the hard deadline. If you can't get the plaintiff served in time, your counterclaim won't be heard at the same hearing.

What If You Can't Afford the Filing Fee?

Washington's General Rule 34 (GR 34) allows indigent litigants to request a fee waiver. If you receive means-tested assistance (TANF, SSI, SNAP) or your household income is at or below 125% of the Federal Poverty Guidelines, you can file form WPF GR 34.0100. The fee waiver doesn't change your hearing date — you still need to attend.

What Happens at the Hearing

The judge hears both the original claim and your counterclaim together. Each side presents evidence. The judge can award money to either party, offset the amounts, or dismiss both claims. If you win your counterclaim but the plaintiff also wins their claim, the amounts are netted — you pay or receive the difference.

If the plaintiff voluntarily dismisses their claim before the hearing, your counterclaim still goes forward. You don't lose your filing fee or your day in court.

The Cross-Claim Distinction

Washington small claims uses counterclaims against the plaintiff; a cross-claim is a claim against a co-party. Counterclaim procedure is governed by CRLJ 13 and local court instructions.

The Washington Small Claims Response Guide includes a response decision tree that helps you determine whether a counterclaim makes sense for your situation, along with a deadline tracker to keep the 10-day service window visible.

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