Summarize the following:
Your counterclaim will require the specific statutes from your state’s civil code that you wish to use as grounds for your counterclaim. You can find this information by looking in your state’s civil code, searching online for common law principles, or calling the clerk of court to ask. You should also consider talking to and hiring an attorney. Correctly filing your counterclaim is very important to your case, because the opposing side could attempt to get it thrown out of court. Having an attorney write your counterclaim for you will insure that it appears in the correct format and contains all of the necessary elements. The opposing side can use statements you make in both your answer and counterclaim against you in ways you might not anticipate. An attorney will not only file the counterclaim correctly but ensure the proper wording of all claims as well. Many states offer a standardized counterclaim form that you can use to file. You can also search online for examples of counterclaims that others have previously filed. If you are not using a form, make sure you identify the party and what you allege that they did wrong.  Put the facts of the occurrence in your counterclaim. Be as specific as possible. Usually, you will number the allegations you have against the opposing party and include your facts that way. Give the clerk of courts a copy of your complaint at the same location where the plaintiff filed the original complaint. You may file the counterclaim at the same time you file your answer. Make sure that you keep a copy of the counterclaim for you records. The filing fee will vary depending on the court where the plaintiff filed the lawsuit. You can call ahead or look online to determine the fee for your specific court. Once you have filed your counterclaim, you need to give a copy of it to the opposing party. The party will have to file an answer the same way you did. If the opposing party is represented by counsel, you may serve a copy of the counterclaim to the opposing party’s counsel. You or your attorney can simply call the attorney for the opposing party and ask them if they will accept service for their client. If they say yes, there is no need to serve the opposing party. If the opposing party is unrepresented, you must serve the counterclaim by a different method. As a party to the lawsuit, you cannot personally serve the opposing party. You must confirm the appropriate ways to serve an answer and counterclaim under your state’s laws. Options include:  Certified or first class mail. To serve by certified or first class mail, tell the clerk that you would like to serve this way, and pay a small fee, usually around $10. Remember, you cannot mail a copy of the counterclaim to the defendant yourself. Personal service. A personal service means that someone will hand a copy of the counterclaim to the opposing party in the suit. Usually, the sheriff’s department in the county where you file the counterclaim will personally serve the defendant for a small fee. When you file, tell the court that you want “sheriff service” and the clerk will facilitate the service. You can also hire a private “process server” from a legal services company, and that person will serve the opposing party.
Look up the elements of the action that you wish to use. Prepare a counterclaim form. File your counterclaim. Pay the filing fee. Serve the opposing party’s attorney. Serve an unrepresented opposing party.