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previous next Effective - 01 Jan 1987, see footnotebottom

  482.325.  Counterclaims exceeding jurisdictional limit, procedure — consent of all parties required — transfer of counterclaim, when — dismissal, when. — If the amount of the counterclaim exceeds by itself the jurisdictional limit of the small claims court as established in section 482.305:

  (1)  The court shall have jurisdiction to hear both the claim and the counterclaim, with the consent of all parties to the proceeding.  The court shall not accept the consent of any party unless the court shall have informed him that he has the right to consult with an attorney prior to giving or withholding his consent.

  (2)  If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, the cause shall be transferred by the small claims court to be heard by the associate circuit judge under procedures provided in chapter 517, if such might otherwise be heard and determined under such procedures, and in other cases the cause shall be certified for assignment in the manner provided in section 517.081.

  (3)  If all parties do not consent and the counterclaim does not arise out of the same transaction or occurrence as the original claim, the court shall dismiss the counterclaim without prejudice to its being heard separately in an appropriate court.

  (4)  If all parties do not consent and if the counterclaim arose out of the same transaction or occurrence as the plaintiff's original claim, and the court determines in its judgment that the amount or nature of the counterclaim is not in good faith, then the court shall dismiss the counterclaim without prejudice.

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(L. 1976 H.B. 1317 & 1098 § 4 subsec. 5 subdiv. (5), A.L. 1978 H.B. 1634, A.L. 1985 S.B. 5, et al.)

Effective 1-01-87


---- end of effective   01 Jan 1987 ----

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