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Justice of the Peace

Incidental Demands

Incidental demands are claims filed within an existing lawsuit. They allow related disputes to be resolved together rather than requiring separate trials. In Justice of the Peace Court, the three main types are reconventional demands (countersuits), third-party demands, and interventions.

Reconventional Demand (Countersuit)

Section titled “Reconventional Demand (Countersuit)”

A reconventional demand is a claim filed by the defendant against the plaintiff in the same lawsuit — commonly called a “countersuit.”

When to File

Section titled “When to File”

A reconventional demand is appropriate when the defendant believes the plaintiff owes them money arising out of the same transaction or occurrence.

Example: A landlord sues a tenant for unpaid rent. The tenant files a reconventional demand claiming the landlord wrongfully withheld the security deposit.

Jurisdictional Limit

Section titled “Jurisdictional Limit”

The demand must fall within JP Court jurisdiction (up to $5,000). If the reconventional demand exceeds this limit, the entire case may need to be transferred to district court.

Procedure

Section titled “Procedure”
  • File with the answer or as soon as the claim arises
  • The plaintiff must be served with the written demand
  • The defendant becomes “plaintiff-in-reconvention” on this claim
  • Pay the required filing fee
CCP 1061

Third-Party Demand

Section titled “Third-Party Demand”

A third-party demand allows a defendant to bring a new party into the lawsuit, claiming that person is liable to the defendant for all or part of what the plaintiff claims.

The Logic

Section titled “The Logic”

“If I am liable to the plaintiff, then this third person is liable to me.”

Example: A homeowner sues a contractor for bad repairs. The contractor files a third-party demand against the subcontractor who actually did the work.

Procedure

Section titled “Procedure”
  • The defendant becomes “third-party plaintiff” regarding this claim
  • The new party becomes “third-party defendant”
  • The third-party defendant must be served with citation
  • The third-party defendant has the same rights as an original defendant
CCP 1111

Intervention

Section titled “Intervention”

Intervention allows a person who is not an original party to join a pending lawsuit to protect their own interests.

When Appropriate

Section titled “When Appropriate”

Intervention is proper when a third party has a justiciable interest in the lawsuit that may be affected by the judgment.

Examples:

  • A person claims ownership of property that is the subject of the suit
  • An insurance company has subrogation rights
  • A co-owner has an interest in the outcome

Procedure

Section titled “Procedure”
  • Must be filed before trial
  • The petition for intervention must be served on all existing parties
  • The intervenor becomes a full party to the proceeding
CCP 1091

Effect on the Case

Section titled “Effect on the Case”

When incidental demands are filed:

  • The case becomes more complex
  • Trial addresses all claims together
  • The JP renders judgment on each demand
  • Different parties may prevail on different claims

Jurisdictional Considerations

Section titled “Jurisdictional Considerations”

If any incidental demand exceeds JP Court’s $5,000 jurisdictional limit, the court must either:

  1. Sever the excess claim — Allow it to be filed separately, OR
  2. Transfer the entire case — Send all claims to district court

The JP cannot render judgment on amounts exceeding jurisdiction.

CCP 4911
Section titled “Related Topics”