Cape justice blog logo

Can you file counterclaims in Georgia civil courts?

Discover the world of civil cases, learn about your rights, and explore inspiring stories of resilience and justice in everyday life

SHORT ANSWER: Yes. Filing counterclaims in Georgia civil courts can be a strategic move for defendants looking to assert their rights and defend themselves against claims made by the plaintiff.

First, let’s address the threshold question:


What is a Counterclaim?

A counterclaim is a claim brought by a defendant in response to the plaintiff’s claim in a civil lawsuit. It allows the defendant to assert their own legal rights arising from the same transaction, incident, or occurrence that is the subject of the plaintiff’s claim.


How do I file a counterclaim?

Typically, the defendant includes their counterclaim(s) in their answer to the plaintiff’s complaint. The defendant’s answer outlines the defendant’s response to each allegation in the complaint and presents any counterclaims or affirmative defenses.

In Georgia, counterclaims should generally be filed at the same time as the answer unless they arise later in the proceedings due to new information. The counterclaim should state the facts supporting the claim, the legal basis for relief, and the remedy sought.

NOTE: The one exception to this rule is that in small claims court, the judge will generally allow a pro se litigant to bring a counterclaim orally on the day of the hearing since it is understood that you are not represented by counsel and may not have been aware that you could bring a counterclaim against the plaintiff.


Can you file counterclaims in Georgia civil courts?


What does filing a counterclaim do?

It’s not just about asserting your rights; it’s about streamlining the legal process. Filing a counterclaim allows the court to combine related claims, saving time and resources by resolving all related issues in one proceeding. This ensures that the defendant can pursue remedies, including damages or other relief, in response to the plaintiff’s claims.


Should I get a lawyer if I want to file a counterclaim?

Absolutely. Consulting with or hiring an attorney experienced in Georgia civil procedure is not just a good idea; it’s crucial. They can guide you in properly asserting counterclaims and navigating the legal process effectively. Civil attorneys can also advise on strategic considerations, such as whether to even pursue based on the case’s circumstances.

In summary, yes, you can file counterclaims in Georgia civil courts, and understanding the procedural requirements and strategic considerations can significantly impact the case outcome. Seeking legal counsel ensures that counterclaims are properly asserted and defended, protecting the defendant’s rights throughout the litigation process.