You were sued and need to respond — suing in California small claims court
Diary the hearing date immediately and plan to attend. If you have your own claim against them arising from the same events, file SC-120 before the hearing so both are heard together.
General information about California procedure. We are not a law firm and cannot advise on your case.
The rule that decides most of these cases
There is no written answer to file in California small claims. You do not need to respond in writing — you need to show up. Failing to appear usually means a judgment against you by default.
What this kind of case is worth
Defending a claim claims in California small claims court typically run from $0 to $12,500. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- The SC-100 you were served with, and the hearing date on it
- Everything that contradicts their version — contracts, receipts, photographs
- Your payment records, if they claim you did not pay
- The full message thread
- Witnesses who can attend
- Anything suggesting you were served improperly or sued in the wrong court
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- You do not owe it, or owe less than claimed
- They were paid already
- The claim is outside the statute of limitations
- You have a counter-claim of your own — that is form SC-120
- Wrong defendant, or a corporate entity sued instead of the right one
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
Do I have to file a written answer to a small claims case in California?
No. Small claims is deliberately informal and there is no written answer. You appear on the hearing date and tell the judge your side. The thing that loses cases is not showing up — that typically produces a default judgment for whatever the plaintiff asked for.
Can I sue them back?
Yes, using SC-120, the Defendant's Claim. If you have a related claim against the plaintiff, filing SC-120 gets both heard at the same hearing by the same judge. File it promptly — there are timing requirements before the hearing date, and a late filing can get your claim postponed or refused.
What if I never got served properly?
Raise it at the hearing. Service rules in small claims are strict about method and timing, and defective service is a genuine basis to have the hearing postponed or the case dismissed. Bring whatever shows what actually happened — when and how the papers reached you, or that they never did.
Can I bring a lawyer to a California small claims hearing?
No. California small claims does not allow parties to be represented by an attorney at the hearing — that is the point of the forum, and it applies equally to both sides. You may consult a lawyer for advice before and after, and in limited situations a lawyer may appear on appeal.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.