What to do if you want to bring your own lawsuit against the person who's suing you.

If someone sues you in small claims court, but you believe that party is at fault, rules vary about what action you must take. In some states, you not only can, but must countersue (often called a counterclaim) if your claim arises out of the same event or transaction. If you don't, you forever give up your claim. In other states, you are not required to file your claim against the plaintiff in response to his lawsuit but can file your own claim later. Usually, if the amount you sue for is under the small claims limit, it makes sense to file it as a counterclaim in the lawsuit initiated by the plaintiff. If, however, you want to sue for more than the small claims limit, your first step is to check with your small claims clerk for applicable rules. Often, you'll need to have the case transferred to a different court which has the power to handle cases where more money is at stake.