Responding to a Small Claims Lawsuit in California
You must appear in court on the date listed in your papers. If you don't show up, the judge will likely enter a "default judgment" against you for the full amount claimed. This can lead to wage garnishment, bank levies, and credit damage.
Being sued doesn't mean you'll lose. You have several options: settle before court, defend yourself at the hearing, file a counterclaim if you're owed money, or request a postponement if you need more time.
Contact the plaintiff and negotiate a settlement. Often you can settle for less than the full amount. Get any agreement in writing and file a "Request for Dismissal" (CIV-110) if you settle.
Gather evidence, prepare your response, and appear in court. Present your side and let the judge decide. You can also file a counterclaim if the plaintiff owes you money.
If the plaintiff owes YOU money, file form SC-120 (Defendant's Claim) before the hearing. You may have to pay a filing fee. Your claim will be heard at the same hearing.
If you need more time to prepare, file form SC-150 (Request to Postpone) before your court date. The court may grant a continuance for good cause.
Unlike plaintiffs, defendants CAN appeal a small claims judgment. You have 30 days after the judgment to file SC-140 and pay the appeal fee. A new trial is held in superior court.
If you've already paid the amount owed (in full or in part), bring proof to court. This is one of the strongest defenses.
"Your Honor, I have already paid this debt. Here is my proof: [show canceled check/bank statement]. The plaintiff received payment on [date], and I have [receipt/confirmation] showing this. The check was cashed/deposited on [date] as shown here."
If you owe something but not the full amount claimed, challenge the plaintiff's calculation. Bring your own documentation showing the correct amount.
"Your Honor, while I acknowledge I owe something, the plaintiff has overstated the amount. The original invoice was for $[X], and I've already paid $[Y], leaving a balance of $[Z]. The plaintiff is claiming $[higher amount] by including [unauthorized fees/interest/inflated costs]. Here is my documentation showing the correct amount."
If the plaintiff waited too long to sue, the claim may be time-barred. The deadline depends on the type of claim.
"Your Honor, I move to dismiss this case because the statute of limitations has expired. This claim is based on [type of claim], which has a [X]-year limitation period. The incident occurred on [date], which was more than [X] years ago. The plaintiff filed this lawsuit on [filing date], which is beyond the legal deadline."
If the plaintiff filed in the wrong county, you can ask the court to dismiss or transfer the case.
"Your Honor, I object to venue. I live in [County A], I do not conduct business in [County B where case was filed], and the alleged incident did not occur here. The plaintiff should have filed in [correct county]. I request this case be dismissed or transferred."
If you're not the person who owes the money (wrong person, or should be suing a business instead of you personally), raise this defense.
"Your Honor, the plaintiff has sued the wrong party. [Choose applicable]: The contract was with [business name], not me personally. / I was acting as an employee of [company], not in my individual capacity. / I am not the [Your Name] who [did whatever plaintiff claims]. Here is documentation showing [my identity/the correct party]."
If the plaintiff didn't hold up their end of the bargain, you may not owe them anything. The first party to breach a contract cannot enforce it against the other party.
"Your Honor, I don't owe this money because the plaintiff failed to perform their part of our agreement. The plaintiff was supposed to [describe their obligation], but instead [describe what actually happened]. Here is evidence showing the plaintiff's failure: [show photos, emails, etc.]. I shouldn't have to pay for services/goods I didn't receive."
If you weren't properly served with the lawsuit papers, you can challenge the court's jurisdiction over you.
"Your Honor, I was not properly served in this case. The proof of service claims I was served on [date], but [I was out of town/no one came to my door/the person who signed is not me or a household member]. Without proper service, the court does not have jurisdiction. I request the case be dismissed or a new hearing date set with proper service."
If the plaintiff owes YOU money, file a counterclaim using form SC-120 (Defendant's Claim). Your claim will be heard at the same trial.
"Your Honor, I have filed a counterclaim against the plaintiff. Not only do I not owe the plaintiff money, but the plaintiff actually owes ME $[amount] for [describe your claim]. Here is my evidence. I ask the court to deny the plaintiff's claim and enter judgment in my favor on my counterclaim."
In accident or damage cases, if the plaintiff was partly at fault, the damages should be reduced by their percentage of fault.
"Your Honor, while I may have some responsibility, the plaintiff was also at fault. [Describe how plaintiff contributed to the damage]. Under California's comparative fault rules, the plaintiff's damages should be reduced by their share of responsibility. Based on the evidence, I believe the plaintiff was at least [X]% at fault."
If the plaintiff is claiming more than the jurisdictional limit, or has split a larger claim improperly, raise this issue.
"Your Honor, I believe this claim exceeds small claims court jurisdiction. [Choose applicable]: The plaintiff is a corporation but is claiming more than $6,250. / The plaintiff has artificially split a larger claim into multiple lawsuits. / When interest and fees are added, the claim exceeds the limit. I request the court review jurisdiction."
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