Seals of the Court of Appeals and Superior Court
District of Columbia Courts

If a defendant wants to file a claim against the plaintiff in the same case, a written set-off or counterclaim must be filed, pursuant to Superior Court Rule for Small Claims 5. A set-off is a separate claim that the defendant has against the plaintiff that can be used to reduce the amount of money the defendant owes the plaintiff. If the defendant wins the set-off, the May 2011 12 amount of money the defendant wins will be subtracted from any money the defendant owes the plaintiff. If the amount of the set off is bigger than the amount of the plaintiff’s claim, the plaintiff is not required to pay any money to the defendant at the end of the case. If the defendant wants to be able to collect money from the plaintiff, the defendant must file a counterclaim. There is no filing fee for a set-off. A counterclaim is a separate claim that the defendant has against the plaintiff. With a counterclaim, the defendant can get a judgment against the plaintiff for money the plaintiff owes the defendant. A counterclaim form can be obtained from the Small Claims Clerk’s Office or on the internet at http://www.dccourts.gov/dccourts/superior/civil/forms.jsp. The cost to file a counterclaim is $10.00, unless the fee is waived by the judge.

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