Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge
In a small claims case, the person being sued (the defendant) can file their own claim back against the person who sued them. If the defendant's claim is about something different from the original lawsuit, they have to file it at least ten days before the hearing. If the defendant's claim is about the same thing as the original lawsuit, they can bring it up at any time, even during the hearing itself. The judge can also bring up a related counterclaim on their own and make a ruling on it.
482.320. s, , different , same transaction, arising at , duty of judge. — 1. At any time up to ten days after and before the date of the hearing, the may file a counterclaim which does not arise out of the same as the 's original . The for filing such a counterclaim shall be the same as those for the filing of the original claim.
2. At any time up to and including the time of the hearing, the defendant may raise a counterclaim which grows out of the same transaction or occurrence as the plaintiff's original claim.
3. If, during the course of the hearing, the judge that the defendant has a counterclaim arising out of the same transaction or occurrence as the plaintiff's original claim, the judge may question the parties on the counterclaim and on it as if it had been raised on the initiative of the defendant.
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Source & history notes
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdivs. (2), (3), (4), A.L. 1978 H.B. 1634) Effective 1-02-79
Related Missouri laws
Procedure if amount of claim exceeds jurisdictional amount
RSMo 482.315
Counterclaims exceeding jurisdictional limit, procedure
RSMo 482.325
Procedure in small claims court
RSMo 482.310
Restrictions on filing of claims
RSMo 482.330
Jurisdiction of small claims court
RSMo 482.305
Duties of clerk of small claims courts
RSMo 482.335
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.