GermanyCan a Defendant File a Counterclaim in German Small Claims?
Yes, a defendant may file a counterclaim in German small claims (up to €5,000) if it is closely connected to the plaintiff’s claim and falls within the jurisdiction of the Amtsgericht.
What the Law Says
German civil procedure permits defendants to raise counterclaims in small claims cases, subject to statutory conditions. The rules apply uniformly across all civil courts, including the Amtsgericht handling claims up to €5,000.
Under § 261 of the Zivilprozessordnung (ZPO), a defendant may file a counterclaim (Widerklage) if it arises from the same factual or legal context as the plaintiff’s claim (sog. Zusammenhang). This ensures procedural efficiency and avoids contradictory judgments.
The counterclaim must be admissible before the same court — i.e., the Amtsgericht — and fall within its monetary jurisdiction (≤ €5,000 per § 23 No. 1 GVG). If the counterclaim exceeds €5,000, the entire case may be transferred to the Landgericht (§ 261(2) ZPO), unless the parties agree otherwise.
Statutory TextThe defendant may assert a counterclaim if it is connected with the plaintiff’s claim and would be admissible before the same court.
— Zivilprozessordnung (ZPO), § 261(1)
What to Do
File the counterclaim in writing with the Amtsgericht no later than the first oral hearing (or earlier, if summoned to written submissions);
Ensure the counterclaim clearly states the factual basis, legal grounds, and amount claimed — mirroring the formal requirements of a main claim (§ 253 ZPO);
Pay the applicable court fee (Gerichtskostenvorschuss) based on the counterclaim’s value (§ 39, 40 Gerichtskostengesetz).
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Not legal advice. This article is general information based on publicly available sources, written for educational purposes. Laws change and individual situations vary. Consult a licensed attorney in your jurisdiction before acting on anything you read here. Last reviewed: 2026-10-05.