Official form guide
Form 42.08 Statement Of Counterclaim
This form, the Statement Of Counterclaim (Form 42.08), is used within court proceedings in Ireland. It allows a defendant in a case to formally raise their own claim against the original claimant. You use it when you want to argue that the person suing you actually owes *you* money or has another valid grievance.
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Form Overview
Courts Service of Ireland - Form 42.08 Statement Of Counterclaim
This form, the Statement Of Counterclaim (Form 42.08), is used within court proceedings in Ireland. It allows a defendant in a case to formally raise their own claim against the original claimant. You use it when you want to argue that the person suing you actually owes *you* money or has another valid grievance.
Risk Radar
Scan points- 1Do not forget to reference the original case number on Form 42.08.
- 2Failing to state a clear monetary amount claimed.
- 3Missing the original case reference number.
- 4Submitting it too late after being served.
- 5Not clearly stating who the counterclaim is against.
Plain English
Think of this as 'fighting back' in court. If someone sues you, instead of just defending yourself, you can use this form to say, 'Yes, but *you* owe *me*!' It adds a second claim into the existing lawsuit.
Submission Date
- Filing date: The specific deadline is set by the court hearing your case. Check the documentation served to you for the exact cut-off date.
- Preparation window: collect IDs, supporting records, and signatures in advance.
- Final review: verify names, dates, and required fields before submission.
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What this form is for
- Use this form when you are being sued (you are the defendant).
- You use it to formally state that the original person suing you owes *you* money or has another valid grievance against you.
- It is used alongside, or in response to, a primary claim made by another party.
- Do not use this if you just want to defend yourself without making a counter-claim. Use a standard Defence form instead.
Form selector
Use this form or another form?
You are the Claimant and want to sue someone else
You need to file your own primary claim first
✓ Check if you have already issued proceedings.
Not applicable (This is the Defendant's tool)
You just want to admit fault but say nothing else
This form requires you to state a specific counter-claim.
✓ Check if you are making a monetary/specific claim.
Your case is complex and involves multiple parties
The complexity might require adding additional forms alongside 42.08.
✓ Check the Court's specific procedural rules.
Not confirmed in official source (Check court guidance)
Deadline or filing window
The specific deadline is set by the court hearing your case. Check the documentation served to you for the exact cut-off date.
Before you submit
- 1Fill in all sections completely; do not leave blanks where information is required.
- 2Use clear, legible handwriting if printing, or ensure digital fields are fully populated.
- 3Ensure the Case Number and Court details match the documents you received.
- 4Sign and date the form where indicated.
- 5Attach supporting documentation (e.g., invoices, contracts) as exhibits.
- 6Check that the amount claimed in the counterclaim is clearly stated.
How to file this form
- 1Complete all fields on Form 42.08 accurately.
- 2Ensure you have signed and dated the document.
- 3Gather any evidence to support your counter-claim (e.g., invoices).
- 4File the completed form with the relevant Irish court office or via the online portal.
- 5Pay any required filing fees, if applicable.
- 6Keep a copy of the fully executed form for your own records.
Known limitations
- 1This form only states the counterclaim; it does not automatically win you money.
- 2The amount claimed must be clearly quantifiable (if monetary).
- 3It must relate directly to the original claim being brought against you.
- 4Not confirmed in official source: There may be specific limits on how many counterclaims can be lodged on one 42.08.
Field map
Compact field-by-field guide
Proceedings
3 items
The names of the parties exactly as they appear on the originating document.
The court record number for the case, if one has been assigned.
The court and the office where the document is being filed.
Substance
2 items
What you are asking the court to do, or the information the form requires.
The facts relied on and any documents exhibited with the filing.
Execution
1 items
Signed, sworn or certified as the form requires, with proof of service where needed.
Almost done reviewing the fields?
Fillable formOpen in Editor->This is the standard Form 42.08 used within Irish court proceedings. It remains a key document for raising secondary claims during litigation.
What changed or needs a fresh check
- Verify the current year printed on the form.
- Confirm that the Courts Service of Ireland logo is present.
- Check if there are any updates to the required declaration statements.
- Ensure the designated filing location/court name matches your case.
- Not confirmed in official source (Check for specific procedural amendments).
Quick Facts
Form Details
- Revision date
- 23/10/25
Downloads & source
Sources
- SRCIssued by: Courts Service of Ireland (COURTS)
- SRCForm Number: 42.08
- SRCPurpose: Statement Of Counterclaim
- SRCUse Case: Defendant raising a claim against the Claimant
Common confusion points
Mistaking this form for a simple 'Defence' statement—it requires a claim too.
Not knowing which court office or jurisdiction handles your specific case.
Forgetting to state *why* you are making the counterclaim (the basis).
Confusing the amount owed by you vs. the amount the original claimant claims against you.
Assuming filing it automatically means you win.
Source transparency
Copyright & Licensing — Irish Government Forms
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