Can I countersue the other party in a small claims court case?
In South Carolina, you can countersue the other party in a small claims court case. This is called a Counterclaim, which is a claim made by the defendant against the plaintiff. The Counterclaim can be made for any amount of money up to the amount the plaintiff is claiming, and the defendant could receive a judgment on the Counterclaim if the plaintiff does not pay the money. A Counterclaim must be filed with the court before the hearing begins. You may submit a Counterclaim in writing to the clerk, and you must state clearly and accurately the facts of your claim and the amount of money you are seeking. You may file multiple Counterclaims, but the total of all Counterclaims cannot be greater than the sum of money the plaintiff is claiming. If you decide to file a Counterclaim, it is important to consider the potential repercussion of a negative judgment on your part. If the court rules against you, in addition to owing the plaintiff the sum originally claimed by the plaintiff, you may be held liable for the amount of the judgment awarded against you on your Counterclaim. In conclusion, you may countersue in a small claims court case in South Carolina, but you should consider the potential risks before you do so.
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