Counterclaim Small Claims Court

IN THE CIRCUIT COURT OF _____________________________ COUNTY, MISSOURI Judge or Division: Case Number: Plaintiff(s): 1. 2. (Date File Stamp) Plaintiff's Address (No.1): Defendant's Address (No.1): City, State, Zip: vs. City, State, Zip: Defendant(s): 1. 2. Telephone Number: Telephone Number: Plaintiff's Address (No.2): Defendant's Address (No.2): City, State, Zip: City, State, Zip: Telephone Number: Telephone Number: Counterclaim Small Claims Court The defendant states he/she has a claim against the plaintiff in the amount of $ _________________________. The counterclaim arose on or about ______________________________(date) as a result of the following events: ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ ___________________________________________________________________________________________________ Counterclaim Arising Out of the Same Transaction The defendant states that the information contained in the counterclaim is true and correct to the best of his/her knowledge. Defendant understands that should he/she be successful in this action and obtain judgment, and if plaintiff does not appeal within ten days, this judgment becomes final. The defendant cannot commence another action involving the same parties and issues. Defendant understands that he/she is waiving his/her right to jury trial on these issues in the small claims court. Counterclaim Not Arising Out of the Same Transaction In addition to the above, defendant claims that he/she is not an assignee of this counterclaim, and that to the best of his/her knowledge he/she has not filed more than twelve (12) other claims in Missouri small claims courts during the current calendar year. ________________________________________ Date ___________________________________________ Signature of Defendant Keep a copy of this counterclaim and bring it to court. OSCA (10-04) SC10 1 of 2 SCR 143.01, 143.03, 482.320, 482.330 RSMo American LegalNet, Inc. www.FormsWorkFlow.com Instructions 1. 2. By using this form, the defendant is countersuing you. To defend yourself: a. b. c. You must appear at the date and time set for hearing. You should bring with you all books, papers, witnesses, and evidence you have to establish your defense. At your request, the clerk will issue a subpoena for any witness you may need. You must order the subpoena as soon as possible and before the hearing date. 3. The rules of evidence do not apply, and you may defend this action with or without the assistance of an attorney. OSCA (10-04) SC10 2 of 2 SCR 143.01, 143.03, 482.320, 482.330 RSMo American LegalNet, Inc. www.FormsWorkFlow.com