Notice of Counterclaim

Information

When you receive a civil summons, you may decide that not only have you done nothing wrong and the claim should not have been brought against you, but the Plaintiff has actually caused you damage. In those circumstances, you may wish to bring a claim against the Plaintiff for damages.

To make a claim against the Plaintiff (called a "counterclaim") you must give or send a "Notice of Counterclaim" to the Plaintiff (or his/her solicitor). This must be done at least four days before the date of the court hearing. You must also lodge a copy of the Notice with the District Court office.

Rules

The Notice of Counterclaim must state:

  • The District Court area in which the claim was brought
  • The names of the parties
  • That the Defendant "intends at the hearing of the above civil summons to counterclaim against the Plaintiff's claim"
  • The Notice must then set out the allegations that the Defendant is making against the Plaintiff,
  • The Notice must be dated and signed by the Defendant or his/her solicitor.

Rates

The fee for lodging a Notice of Counterclaim at the District Court office is 9 euro.

Page updated: 8 April 2008

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