If I filed a small claims case for $1,600 but it has been moved to District Court due to a substantial counter claim, can I file a counter-claim for amounts above my initial case?

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If I filed a small claims case for $1,600 but it has been moved to District Court due to a substantial counter claim, can I file a counter-claim for amounts above my initial case?

And does the counter claim have to be in a set legal or formal form layout?

Asked on October 9, 2012 under Business Law, Michigan

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Since your matter has been removed from small claims court to a higher court due to the total amount at issue by way of the counter claim exceeds the jurisdiction of the small claims court, you will need to file an amended complaint to increase your demand stated in your initial filing given the counter claim. The filing of a counter claim to the counter claim by you would not be permissible.

To amend your complaint you either do so by way of a stipulation and order signed by the other party or you file a motion with the court seeking leave to amend your initial pleading to increase the amount of your demanded damages.


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