Form SC-120: Defendant's Claim and ORDER to Go to Small Claims Court
Lets a defendant sue back. Here is what the form does, when you file it, and the mistakes that cost people their hearing date.
What SC-120 is for
If you have been sued and you believe the plaintiff actually owes you over the same events, SC-120 is how you bring your own claim so both are heard at the same hearing by the same judge. It is the small claims counter-claim.
Things to get right
- File it before the hearing date — there are timing requirements and a late filing can be refused.
- Your claim must be served on the plaintiff just as theirs was served on you.
- The same dollar limits apply to your claim.
This form is free
SC-120 is a public document published by the Judicial Council of California. You can always download it from the court at no charge, and nobody should sell you the form itself. What we sell is the work around it — getting it filled correctly, knowing where it goes, and what happens next.
Who uses it
The person being sued — the defendant.
Where it fits in the process
Before filing
Ask for payment in writing. California expects it, and SC-100 asks you to confirm you did.
Filing
SC-100 opens the case and the clerk assigns a hearing date. FW-001 if the fee is unaffordable.
Service
SC-104 proves the defendant was notified. Without it the hearing does not go ahead.
Hearing and judgment
The court issues SC-130, the Notice of Entry of Judgment.
Collecting
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.
Related pages
- Form SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court
- Form SC-104: Proof of Service (Small Claims)
- Form SC-104B: What Is "Proof of Service"?
- Form SC-104C: Proof of Mailing (Substituted Service)
- Form SC-130: Notice of Entry of Judgment (Small Claims)
- Form SC-133: Judgment Debtor's Statement of Assets
- All California small claims forms