When You’ve Been Sued — Should You Counterclaim?
You receive a letter through the post; it’s from the court. It’s a claim form with your name on it. It alleges that you owe money, and you’re being taken to court. You peruse the basis of the claim, and not only do you disagree with the claim, but you also believe you are the one who’s lost out. It happens more than people realise. Someone brings a claim against you, but their version of events is missing some key facts, or maybe they left something out on purpose, and now you're faced with a choice to defend against the action against you or defend and counterclaim.
What Does It Mean to Counterclaim?
Put simply, a counterclaim is a response that puts things into perspective from the Defendant’s point of view. It’s not just saying, “I didn’t do what you say I did.” It’s saying, “Actually, your version of events is not entirely correct, and you’ve caused me harm, and I want the court to consider my claim against you”
So instead of just replying with a defence, you can file a counterclaim at the same time. The court then has to deal with two claims, one from them and one from you.
For example, let’s say a company says you owe them for a service. But they didn’t deliver what they promised, and because of that, you ended up out of pocket. You might feel it’s only fair that the court hears your side of the story and considers awarding you something, too.
Why People Choose to Counterclaim
There are a few good reasons why some decide to go down that path.
You’re Not Just Reacting
A defence lets you say no. A counterclaim allows you to rebut the claim against you and make a claim yourself. A word of caution, not all will be suitable for a counterclaim, so let’s be very clear about this. Any counterclaim must be evidence-backed, and its creation cannot be contrived out of nothing purely as a litigation tactic; this would most certainly result in regret.
You Might Get Money Back
If the court agrees with your counterclaim, you could receive compensation for part or all of your losses.
It Strengthens Your Case
Counterclaims can help show that you’ve thought this through and that the dispute is more complicated than the original claim suggests.
It Can Speed Things Up
Dealing with both sides of the dispute in one go means fewer delays and fewer hearings.
But There Are Things to Think About
A counterclaim isn’t always the best idea. It depends on your situation. There are some things to weigh up first.
You’ll Have to Pay a Court Fee
Just like with the original claim, there’s a fee when you make a counterclaim. The cost depends on how much you’re claiming. For small amounts, it’s not too bad. For higher amounts, it will be more expensive. If money is tight, there are ways to ask for help with the fee, but it’s still a factor when considering a counterclaim.
You Could Lose
If your counterclaim doesn’t succeed, you won’t get anything. And if the original claim also goes against you, you could owe more than you expected.
It Takes More Time
You’ll need to gather your evidence, put your documents in order, and explain your side clearly. If you’re already under pressure, this can add to the load.
Possible Outcomes
Could you let me know what happens after your counterclaim is filed?
- The court looks at both sides and considers the arguments put forward.
- There’s usually one hearing for everything.
- The judge reviews all the paperwork and hears from both parties.
- They make a decision based on evidence, not emotion.
- A common issue often raised in Small Claim matters is that one or other of the parties is lying. The Judge will make their decision based on the evidence put before them. They are not there to examine if one or both of the parties are lying and will be guided by the evidence put before them unless it is obvious that one or the other of the parties is lying. Allegations of lying are often raised, but in our experience, they should be avoided and concentrating on well-presented, fact-based evidence is likely to get you over the line.
You might win your counterclaim and lose the original case. Or vice versa. Sometimes, both parties get something. Sometimes no one does. The important thing is that you’ve had the chance to speak up and put your version on the table.
The Final Word on Counterclaims
Deciding to counterclaim isn’t something to rush into. It’s not about getting even. It’s about fairness and showing that the picture painted by the other side isn’t the whole story.
If you’ve genuinely suffered a loss or been mistreated, you’re entitled to a fair hearing. You don’t need to be a solicitor to explain your experience. But you do need to be prepared, stay calm, and keep your documents straight.
If you’re unsure about how to begin, help is available. Not necessarily legal advice, but support to guide you through the process, explain what to expect, and help you organise your side of the case. In Small Claims matters, the Judge, whilst applying the law, is looking at fairness at this level.
Preparing a well written persuasive account evidence based account will put you streets ahead of most litigants in person who are often ill prepared and rely upon emotion, by and large, as a tactic to win over the Judge.
Because at the end of the day, this is your story. And the court needs to hear it properly told, in your own words. With over thirty years of legal practice experience, Meridian Legal can provide the help you need.
