The court may only hear counterclaims of $10,000 or less. You may give up the amount of your counterclaim over $10,000 to bring yourself within the jurisdiction of the Small Claims Court. If you do this, you may not sue for it later. If you do not want to give up the excess amount, then you can pay additional fees and petition the court to transfer the case to a plenary docket. If this occurs, you and the other party should then hire an attorney to represent you.

If a counterclaim is filed by the Defendant, the court will hear the Plaintiff’s complaint and the Defendant’s counterclaim at the same time.

When the Plaintiff files a case in Small Claims Court, the Plaintiff gives up the right to a jury trial, the Defendant may demand a jury trial by filing an affidavit no later than 10 days after being served with the Notice of Claim. The affidavit must state that there is a question of fact in the case which requires a jury trial, must explain this fact, and must state that the request for a jury trial is made in good faith. Within 10 days after the request has been granted, the Defendant must pay a $70 fee at the Clerks’ Office or give up the right to a jury trial.

If the Defendant properly requests a trial by jury, the case will lose its status as a small claim and will be transferred to the court’s plenary docket. The plenary docket requires a much more formalized procedure. At this point, all of the formal rules of evidence and procedure will apply to the trial of the case and each party should consult or retain an attorney for assistance in the case.

If the Plaintiff and the Defendant are able to reach a settlement of the dispute before the trial, the parties shall write down their agreement, sign the agreement, and file it with the clerk of the court. The court will then approve the settlement and enter the agreement as the judgment in the case. The court encourages settlement efforts between the Plaintiff and Defendant.

The court cannot and will not receive personal property in settlement or judgment without prior approval from the Judge. Do not request that the court receive personal property for you in connection with a settlement or judgment.