In small claims court, if someone being sued fires back with a counterclaim that is too big for small claims court to normally handle, a few things can happen. If everyone in the case agrees, the small claims court can still hear both sides — but the judge must first tell each person they can talk to a lawyer before deciding. If not everyone agrees, and the counterclaim is about the same situation as the original case, the case gets moved to a different, higher court. If not everyone agrees and the counterclaim is about something completely different, the counterclaim gets thrown out, but the person can bring it up in a different court later. If the judge thinks the counterclaim is not being made honestly, it also gets thrown out.
482.325. s exceeding , procedure — of all parties required — of counterclaim, when — dismissal, when. — If the amount of the counterclaim exceeds by itself the jurisdictional limit of the as established in section 482.305:
(1) The court shall have to hear both the and the counterclaim, with the consent of all parties to the . The court shall not accept the consent of any unless the court shall have informed him that he has the right to consult with an attorney prior to giving or his consent.
(2) If all parties do not consent and if the counterclaim arose out of the same as the 's original claim, the cause shall be transferred by the small claims court to be heard by the under procedures provided in chapter 517, if such might otherwise be heard and determined under such procedures, and in other cases the cause shall be in the manner provided in section 517.081.
(3) If all parties do not consent and the counterclaim does not arise out of the same transaction or occurrence as the original claim, the court shall dismiss the counterclaim to its being heard separately in an court.
(4) If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, and the court in its that the amount or nature of the counterclaim is not , then the court shall dismiss the counterclaim without prejudice.
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Source & history notes
(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.) Effective 1-01-87
Related Missouri laws
Counterclaims, filing, different transaction, same transaction, arising at hearing, duty of judge
RSMo 482.320
Restrictions on filing of claims
RSMo 482.330
Procedure if amount of claim exceeds jurisdictional amount
RSMo 482.315
Duties of clerk of small claims courts
RSMo 482.335
Procedure in small claims court
RSMo 482.310
Form of petition and summons
RSMo 482.340
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.