Small Claims Business Counterclaim — How to Respond and Raise A Counterclaim
Running a business can be rewarding, but sometimes, problems arise unexpectedly. One day, you open the post, and there it is — a claim form from the County Court. A customer, supplier, or another party says you owe them money. The instinct might be to panic or feel insulted. However, sometimes the real story is more complicated, and what if they owe you money?
This is where a counterclaim comes into the picture. It allows you to reply to a court claim and also explain that you believe the other party caused you financial loss or failed to meet their side of an agreement.
We work with small businesses that need help understanding this process. We don’t offer legal advice per se, and we won’t act on your behalf in court. Our role is to help you organise your case, meet deadlines, and stay calm under pressure, all within the rules set by the Legal Services Act 2007.
What Does a Counterclaim Mean?
Imagine this. You are a contractor. A client is suing you, claiming you breached your agreement. However, the truth is that they failed to provide access to the site. You lost time, turned down other work, and ended up out of pocket. You disagree with their version, and you want to claim your loss.
A counterclaim lets you do exactly that
It is a formal response filed at the same time as your defence. You outline not only why you reject their claim but also why you believe they are responsible for damage or loss on your side. However, this is not something to be done hastily. It needs to be well structured and backed up with evidence.
That is where we can help, with preparation and clarity.
What We Can Help With
We support you with practical tasks like:
- Showing you how to complete the reply and counterclaim forms
- Helping you organise documents such as contracts, emails, or timelines
- Reviewing your summary of events to make sure it is straightforward to follow
- Explaining what happens next and when you need to take action
- Helping you avoid common mistakes with your paperwork
- Giving you the confidence to present your position calmly and professionally
You are still running your case. We help ensure the court sees a clear, well-prepared version of your matter.
Why Timing Matters
Once you receive the original claim, you usually have only fourteen days to respond. If you plan to make a counterclaim, you need to include it with your defence. Leave it too late, and you might lose your chance.
One reason it is vital to act quickly is that we help you understand what the court expects and how to meet the deadlines without stress.
Questions Business Owners Often Ask
We often speak to people in your position. They are unsure whether they can file a counterclaim or how it works. Some typical questions include:
- Can I counterclaim for breach of contract?
- What paperwork do I need to include?
- Will both matters be heard on the same day?
- Do I need to pay a fee for the counterclaim?
- What if I win my claim but lose theirs?
We address these from a practical perspective. We do not advise on your legal position. This often involves predicting failure or success, which in legal cases is something no one can do with any certainty. In terms of prospects of success, it is about the merits of a case and how these can be best used to your advantage. You could have the best case in the world, but if it is not presented correctly, it will not achieve the desired outcome.
Have you ever wondered why some of the best cases fail even when the odds are in your favour? Psychologically, some lawyers can become complacent, overly confident, and possibly lazy, whereas the underdog realises he’s got nothing to lose and puts all of his efforts into levelling the playing field, and in some cases, this can turn into a victory when least expected.
This is always our inspiration, and our goal is to always provide you with the best opportunities for success in everything we do for you.
Raising a counterclaim does not need to be onerous if a counterclaim has merit. However, to do that, you need to be well-prepared and present your case effectively.
If you have received a court claim and believe you have grounds to file a counterclaim against the opposing party, we can assist you in taking the necessary steps. You do not have to face the process alone. We can support you in crafting a response that, calmly and within the rules, reflects your position.
Contact us today if you need help preparing a counterclaim. The sooner you begin, the more control you will have over the outcome.
