Can I countersue the other party in a small claims court case?
In Delaware, you can countersue the other party in a small claims court case. However, the claim for relief must be related to the other party’s claim against you. Also, the amount you are seeking in your countersuit cannot be more than the amount that the other party is seeking from you. If you wish to countersue the other party, you must fill out a Counterclaim form. This can be done at the District Court (or Municipal Court) that is handling the original case. The form should specify the amount that you are claiming from the other party and any actions taken by the other party that are the basis for your counterclaim. Your counterclaim will be heard at the same time as your response to the original case. It is important to remember that the other party has the right to contest your counterclaim. It is important to note that the court’s decision on the counterclaim does not affect the original case. Even if you win your counterclaim, the original case is still decided separately. Furthermore, if you lose your counterclaim, you are still obligated to resolve the original case before the court.
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