Can I countersue the other party in a small claims court case?
Yes, you can countersue the other party in a small claims court case in Massachusetts. When you file a small claims court case, the nature of the case is that one side is suing the other. However, in some cases, the defendant may have an issue of their own against the plaintiff for which they wish to seek damages. This is where countersuing comes in. If a defendant wishes to countersue in a Massachusetts small claims court case, they must file a counterclaim with the court. The counterclaim must be filed at the same time that the defendant responds to the original complaint or with the court’s permission, afterwards. The counterclaim is treated as a separate case, and all the normal rules of small claims court apply, including a trial if desired. If you are considering countersuing in a small claims court case, you should consult your local court’s rules and a legal professional for advice and guidance. They can help make sure you are filing the correct documents, following the proper procedures, and make sure your case is heard and taken seriously.
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