What is a counterclaim?
The landlord may file a counterclaim saying that you owe him or her money. For example, the landlord may say that you did $1000 in damage to the apartment, and that your security deposit only covered $500. The landlord will claim that he or she should be able to keep your security deposit and you should pay him/her another $500 to cover the rest of the damages. The judge will hear your claim and the landlord’s counterclaim at the same time. How should I prepare for court? Collect your evidence and have it neatly organized. Evidence includes any written documentation that you can find -your lease, receipts from your rent payments and from your security deposit, cancelled checks from paying your rent or your deposit, copies of letters you wrote to the landlord, letters the landlord wrote to you, your move-in or move-out sheet which itemized damage to the apartment, any documentation from city building inspectors, etc. If in doubt, bring it! It is much better to have the paperwork with yo
A “counterclaim” is a claim filed against you by the defendant — a counter suit. The counterclaim must be for money only. The amount of the counterclaim cannot be more than $3,000 in Town or Village Court or $5,000 in City Court. Any counterclaim for more than $3,000 must be brought in another part of the court or in a different court having the needed jurisdiction. The defendant is required to file his or her counterclaim with the court within five days of receiving the notice of claim and must pay the court fee of $3 for actions brought in a Town or a Village Court, or $5 for actions brought in a City Court, plus the cost of mailing the counterclaim to you. If the defendant fails to file a counterclaim within the five-day period, the defendant may still file a claim up until the time of the hearing. The judge then may either proceed with the hearing or adjourn the hearing for a period no longer than 20 days or as soon thereafter as may be practicable. However, if the defendant did no
