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How to File a Defendant’s Claim in California Small Claims Court

Introduction

In California small claims court, defendants have the right to file a Defendant’s Claim if they believe the plaintiff owes them money or is responsible for damages. This counterclaim allows the defendant to seek compensation for their grievances within the same case, making the process more efficient and comprehensive.

This guide explains how to file a defendant’s claim in California small claims court, including the steps, forms, and tips to navigate the process successfully.

1. What Is a Defendant’s Claim?

A Defendant’s Claim is a counterlawsuit filed by the defendant in response to the plaintiff’s original claim. It allows the defendant to:

  • Assert their own claim against the plaintiff.
  • Seek monetary compensation or other remedies.

The defendant’s claim must arise from the same set of circumstances as the plaintiff’s original claim.

2. Eligibility for Filing a Defendant’s Claim

To file a defendant’s claim in California small claims court, you must meet these criteria:

  • The claim amount must be within the monetary limits of small claims court:
    • $10,000 for individuals.
    • $5,000 for businesses and organizations.
  • The claim must involve a legal dispute connected to the plaintiff’s original claim.

3. Required Forms for Filing a Defendant’s Claim

The main form used to file a defendant’s claim in California is the Defendant’s Claim and Order to Go to Small Claims Court (Form SC-120).

Where to Obtain the Form

  • Download the form from the California Courts website.
  • Request the form from the clerk’s office at your local small claims court.

4. Steps to File a Defendant’s Claim

Step 1: Complete Form SC-120

Provide accurate information, including:

  • Case number and parties involved.
  • Details of your claim, including the amount and reason.
  • Supporting evidence such as receipts, contracts, or photographs.

Step 2: File the Form

Submit the completed Form SC-120 at the small claims court where the original case was filed. Pay the required filing fee:

  • $30–$75 depending on the claim amount.

Step 3: Serve the Plaintiff

  • The plaintiff must be formally notified of your defendant’s claim through service of process.
  • Use an approved method such as certified mail, a process server, or the sheriff’s office.

Step 4: File Proof of Service

Submit a Proof of Service (Form SC-104) to the court to confirm the plaintiff has been properly served.

5. Deadlines for Filing a Defendant’s Claim

A defendant’s claim must be filed and served at least five days before the hearing date (or fewer if the court allows). Check with your local court for specific deadlines.

6. Preparing for the Hearing

Organize Your Evidence

  • Bring documents, photos, and other materials to support your claim.

Prepare Witnesses

  • Arrange for witnesses who can testify on your behalf if needed.

Practice Your Argument

  • Clearly explain your position and focus on the facts that support your counterclaim.

7. What to Expect at the Hearing

  1. Opening Statements: The judge will hear the plaintiff’s claim first, followed by your defendant’s claim.
  2. Evidence Presentation: Submit your evidence and explain how it supports your claim.
  3. Judge’s Decision: The judge will evaluate both claims and issue a ruling.

8. Frequently Asked Questions

1. Can I file a defendant’s claim for more than the small claims court limit?
No, the claim amount must fall within the small claims court limit ($10,000 for individuals or $5,000 for businesses).

2. Do I need an attorney to file a defendant’s claim?
No, small claims court is designed for self-representation. However, you can consult an attorney for advice.

3. What happens if the plaintiff doesn’t show up?
If the plaintiff fails to appear, their claim may be dismissed, but your counterclaim can still proceed.

4. Can I appeal the judge’s decision?
Yes, defendants can appeal if they lose, but appeals must be filed within 30 days of the ruling.

5. Do I need to pay a filing fee for a defendant’s claim?
Yes, filing fees are required, and they vary based on the amount of your claim.

6. Can I settle the case before the hearing?
Yes, you and the plaintiff can negotiate a settlement and dismiss the case if both parties agree.

9. Conclusion

Filing a defendant’s claim in California small claims court allows you to address your grievances efficiently and seek justice in response to the plaintiff’s case. By understanding the filing process, deadlines, and court procedures, you can present a strong case and achieve a fair resolution.

Trisha Lee