§ 10-16-9 - Filing of defense – Counterclaim.
SECTION 10-16-9
§ 10-16-9 Filing of defense –Counterclaim. – Prior to or upon the date set for answering the defendant shall in writing filein court his or her answer or defense to the plaintiff 's claim and mayclaim any counterclaim he or she may have against the plaintiff 's claim,as he or she might plead the claim in an action begun by complaint and summons,and shall file a statement in writing of his or her counterclaim with thecourt, and the court shall determine which of the parties is entitled todecision against the other, and in what amount, and enter decision accordingly,but not exceeding the sum of one thousand five hundred dollars ($1,500). If thedefendant's counterclaim shall exceed the sum of one thousand five hundreddollars ($1,500), and in the opinion of the court there shall be due thedefendant thereon an amount greater than one thousand five hundred dollars($1,500), the court shall enter decision against the plaintiff as in case ofnonsuit, and for the defendant for his or her costs only, and shall not furtheradjudicate upon the claim of the defendant, whose right to sue for the claimshall remain in the same manner as before the commencement of the action. Thecourt may continue the hearing from time to time as may be necessary.