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.
Language
Related Documents
- Notice of Intention to Defend
A Defendant in a civil case must issue a Notice of Intention to Defend if he or she intends to defend a case in court in Ireland. - Civil summons in Ireland
A civil summons in Ireland is used to commence proceedings in the District Court. Find out what this summons must contain and who prepares it. - Writs and pleadings
This document provides a general overview of writs and pleadings in civil cases in Ireland.
Contact Us
If you have a question relating to this topic you can contact the Citizens Information Phone Service on 0761 07 4000 (Monday to Friday, 9am to 9pm) or you can visit your local Citizens Information Centre.