The defendant, or representative may claim any setoff or counterclaim within the jurisdiction of the small claims court. Such written setoff or counterclaim may be filed at any time on or before the answer date or upon the granting of a motion to open. Upon the making of such claim by the defendant, the clerk shall give notice to the plaintiff by first class mail, of the setoff or counterclaim and shall notify the parties of the new answer date. The defendant’s claim shall be answered within the time and in the manner provided by Section 24-16. The original claim, and the claim of setoff or counterclaim, shall be deemed one case.
Section 24-19.—Claim of Setoff or Counterclaim
Current through August 12, 2025 (2026 Practice Book edition) · Last verified July 9, 2026
In one sentenceA defendant in a small claims case may file a written setoff or counterclaim, as long as it falls within the small claims court's jurisdiction, by the answer date or after a motion to open is granted, and the original claim and the counterclaim are treated as one case.
Full Text of Section 24-19
Amendment History
(P.B. 1978-1997, Sec. 570.) (Amended June 26, 2000, to take effect Jan. 1, 2001.)
Plain-English Summary
This rule lets a defendant fight back with a written setoff or counterclaim, so long as it stays within the dollar limits and jurisdiction of small claims court. The defendant can file it at any time on or before the answer date, or later if the court grants a motion to open. Once filed, the clerk mails the plaintiff notice of the setoff or counterclaim by first class mail and tells both parties the new answer date that applies. The plaintiff must then answer the defendant's claim within the same time and manner set out in Section 24-16 for answering a small claims complaint. The original claim and the counterclaim are not treated as separate lawsuits — they proceed together as a single case.
Frequently Asked Questions
Can a small claims defendant sue the plaintiff back in the same case?
Yes. The defendant may claim any setoff or counterclaim that falls within small claims court's jurisdiction, filed by the answer date or after the court grants a motion to open.
How does the plaintiff find out about a counterclaim?
The clerk notifies the plaintiff by first class mail and informs both parties of the new answer date that applies to the counterclaim.
How much time does the plaintiff get to answer a counterclaim?
The plaintiff must answer the setoff or counterclaim within the same time and in the same manner that Section 24-16 requires for answering the original claim.
Does a counterclaim create a separate case?
No. The original claim and the claim of setoff or counterclaim are deemed one case.
Source & verification. The section text is reproduced verbatim from the
official Connecticut Practice Book (Conn. Practice Book § 24-19). Prescribed by the Judges of the Superior Court of Connecticut (Conn. Gen. Stat. Section 51-14). The plain-English summary is original and written by us. Last verified July 9, 2026. ·
Official source
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