Small Claims Defendant FAQ

If you receive small claims court papers in California, don't panic but do take action immediately. First, carefully read all documents to understand who is suing you, for how much, and why. Note the hearing date, time, and location. You are not required to file a written response in California small claims court, but failing to appear at the hearing will likely result in a default judgment against you.

Consider whether the claim has any merit and whether you owe the plaintiff anything. Gather all relevant documents including contracts, receipts, emails, text messages, and photographs that support your side. Calculate whether it makes sense to settle before the hearing. Contact the plaintiff to discuss potential resolution. If you believe you have a claim against the plaintiff, you can file a Defendant's Claim using Form SC-120 before the hearing. Mark your calendar and plan to attend.

Unlike regular civil court, California small claims court does not require a formal written answer to the plaintiff's complaint. Your response is presented orally at the hearing. However, you should prepare thoroughly before appearing. Review the plaintiff's claim carefully to understand exactly what they're alleging. Identify each point you disagree with and gather evidence to support your position.

If you have a claim against the plaintiff arising from the same transaction or occurrence, file a Defendant's Claim (Form SC-120) before the hearing; this form must be served on the plaintiff at least 5 days before the hearing. You may also file a challenge to venue if you believe the plaintiff filed in the wrong court. Consider consulting with a small claims advisor, available for free at most California courthouses, who can help you understand procedures and strengthen your defense.

California small claims defendants can raise numerous legal defenses depending on the nature of the claim. Common defenses include:

• Statute of limitations - plaintiff waited too long to sue
• Payment - you already paid the amount claimed
• Lack of contract formation - no valid agreement existed
• Breach by plaintiff - they failed to perform first
• Improper service - you weren't properly notified
• Wrong defendant - plaintiff sued the wrong person
• Accord and satisfaction - debt was settled for less
• Fraud or misrepresentation by the plaintiff
• Comparative fault - plaintiff contributed to their own damages

Choose defenses that apply to your specific facts and be prepared to present evidence supporting each one.

Yes, California allows defendants to file a Defendant's Claim (counterclaim) against the plaintiff in small claims court. To do so, complete Form SC-120 (Defendant's Claim and ORDER to Go to Small Claims Court) and file it with the court clerk before your hearing. You must serve a copy on the plaintiff at least 5 days before the hearing date.

Your claim must be within the small claims dollar limits: up to $12,500 for individuals or $6,250 for businesses. Your counterclaim should ideally arise from the same transaction or occurrence as the plaintiff's claim, though it doesn't have to. If your counterclaim is successful, it may offset or exceed the plaintiff's claim, resulting in a judgment in your favor. There is a filing fee for defendant's claims similar to plaintiff filing fees.

Attempting settlement before your California small claims hearing is often a wise strategy. Contact the plaintiff to discuss resolution, as many disputes can be resolved more quickly and cheaply through negotiation than litigation. Consider the strengths and weaknesses of both sides' positions when evaluating settlement offers. Even if you believe you have strong defenses, litigation involves uncertainty, time, and stress.

If you reach an agreement, put it in writing immediately, specifying the amount, payment terms, and that the plaintiff will dismiss the case upon payment. If you agree to an installment payment plan, include consequences for missed payments. You can settle at any time before the judge announces a decision. Be realistic about your chances of winning completely versus settling for a reduced amount.

If you fail to appear at your California small claims hearing, the court will likely enter a default judgment against you for the amount the plaintiff proves they're owed. The plaintiff must still present their case and evidence, but without your presence to challenge the evidence, the plaintiff's version of events goes uncontested.

A default judgment becomes a legal obligation you must pay, and the plaintiff can use collection methods including wage garnishment, bank levies, and property liens. The judgment will also appear on your credit report, damaging your credit score for years. If you had a valid reason for missing the hearing, you can file a motion to vacate the default judgment within 30 days using Form SC-135. You'll need to show good cause for your absence, such as never receiving proper notice or experiencing a medical emergency.

Yes, defendants can request a postponement of their California small claims hearing by filing Form SC-150 (Request to Postpone Small Claims Hearing). Submit this request as early as possible, ideally at least 10 days before the scheduled hearing. Valid reasons for postponement include:

• Medical emergencies or serious illness
• Previously scheduled unavoidable conflicts like work travel
• Need for additional time to gather evidence or locate witnesses
• Recent receipt of court papers leaving insufficient preparation time
• Unavailability of essential witnesses

The court has discretion to grant or deny postponement requests. Generally, each party is allowed one postponement, and courts are less likely to grant repeated requests. If your postponement is denied, you must appear at the original hearing date.

As a defendant, bring all evidence that supports your defenses and contradicts the plaintiff's claims. Essential evidence typically includes:

• Your copy of any contracts or agreements
• Proof of payments you've already made (receipts, canceled checks, bank statements)
• Correspondence showing plaintiff's admissions or unreasonable demands
• Photographs documenting conditions or quality of work
• Written estimates contradicting plaintiff's damage claims
• Witnesses who can testify about relevant facts
• A timeline of events with supporting documentation

Organize your evidence chronologically and prepare an outline connecting each piece to specific defenses. Bring three copies of everything: one for you, one for the judge, and one for the plaintiff. Anticipate what evidence the plaintiff might present and prepare responses.

You can request a transfer of venue if the plaintiff filed the case in an improper location under California's venue rules. File a motion to transfer venue as soon as possible after receiving the court papers, ideally before the hearing. Under venue rules, proper venue is generally where the defendant resides, where a business defendant has its principal place of business, where the contract was entered or to be performed, or where injury or damage occurred.

If the plaintiff filed in a court that doesn't fit any proper venue category for your case, you have grounds for transfer. However, if you fail to object to venue before or at the hearing, you may waive your right to challenge it. The burden is on you as defendant to prove improper venue. If your motion is granted, the case will be transferred to the appropriate court and a new hearing date set.

As a defendant in California small claims court, you have important rights to ensure fair treatment:

• Right to proper notice (service at least 15 days before hearing for in-county, 20 days for out-of-county)
• Right to appear and present your defense with evidence and witnesses
• Right to cross-examine plaintiff's witnesses and challenge their evidence
• Right to file a defendant's claim (counterclaim) against the plaintiff
• Right to request a postponement for good cause
• Right to appeal if you lose, seeking a new trial in Superior Court
• Right to consult with an attorney before the hearing
• Right to request free assistance from a small claims advisor

Understanding and exercising these rights gives you the best chance of a fair outcome.