Check the box if there is Do not complete counterclaim section below unless you have a claim of your own against no counterclaim and go to the plaintiff(s). the signature section. I/We do not have a claim against the plaintiff(s). Defendant's Demand: Complete this section only if you are making a I/We have a claim against the plaintiff(s) and demand judgment against the plaintiff(s) for counterclaim against the $ , plus interest, costs, attorney fees, if any, and such other relief as the plaintiff(s). court deems proper. Brief statement of dates and facts: Briefly explain why the court should award you what you are asking for. If your counterclaim is for more than $10,000, or if your tort or personal injury is for more than $5,000, the case may not continue in small claims court. You must pay a filing fee to the Clerk of Court, and you must send the Notice of (SC-5250V) Counterclaim to the plaintiff(s) on the same day the counterclaim is filed. NOTE: Eviction actions are heard in small claims court, regardless of the amount of the counterclaim. See attached for additional information. If you need more room, check the box and attach any additional pages to Defendant(s) certify that a copy of this answer and counterclaim has been or will be this Counterclaim. mailed to the plaintiff(s) or plaintiff’s attorney, if any. Follow local rules for filing and serving. Signatures Sign and print your name. Signature of Defendant/Attorney Date Enter the date on which you signed your name. Note: This signature does not need to be notarized. Attorney Name, Law Firm, Address Telephone Number Attorney's State Bar Number If an attorney is completing this form, enter your information. COPIES: For each person you are serving, make one copy (for an answer) or two copies (if a counterclaim is being made) of this signed original and any attachments and bring them to the clerk of court. The clerk will authenticate the copy/copies for service on the plaintiff(s).
Check the box if there is no counterclaim and go to the signature section. Do not complete counterclaim section below unless you have a claim of your own against the plaintiff(s). I/We do not have a claim against the plaintiff(s). Complete this section only if you are making a counterclaim against the plaintiff(s). Defendant's Demand: I/We have a claim against the plaintiff(s) and demand judgment against the plaintiff(s) for $ , plus interest, costs, attorney fees, if any, and such other relief as the court deems proper. Briefly explain why the court should award you what you are asking for. If your counterclaim is for more than $10,000, or if your tort or personal injury is for more than $5,000, the case may not continue in small claims court. You must pay a filing fee to the Clerk of Court, and you must send the Notice of Counterclaim (SC-5250V) to the plaintiff(s) on the same day the counterclaim is filed. NOTE: Eviction actions are heard in small claims court, regardless of the amount of the counterclaim. Brief statement of dates and facts: If you need more room, check the box and attach any additional pages to this Counterclaim. Follow local rules for filing and serving. See attached for additional information. Defendant(s) certify that a copy of this answer and counterclaim has been or will be mailed to the plaintiff(s) or plaintiff’s attorney, if any. Signatures Sign and print your name. Enter the date on which you signed your name. Note: This signature does not need to be notarized. Signature of Defendant/Attorney Date If an attorney is completing this form, enter your information. Attorney Name, Law Firm, Address Telephone Number Attorney's State Bar Number COPIES: For each person you are serving, make one copy (for an answer) or two copies (if a counterclaim is being made) of this signed original and any attachments and bring them to the clerk of court. The clerk will authenticate the copy/copies for service on the plaintiff(s).
sc-5200.docx