How to Respond to Small Claims Court in California (The Defendant's Guide)

You've been served with a small claims notice. Someone is suing you in California Superior Court, Small Claims Division, and you have a hearing date on a piece of paper. Here is what you need to know: unlike most civil cases, there is no formal written "answer" you file in small claims court. Your response is your appearance at the hearing. But there are specific steps you can and should take before that date — and ignoring the summons is one of the most expensive mistakes you can make.

Do Not Ignore the Notice

The most important thing to understand as a defendant is this: if you were properly served and you don't show up to the hearing, the judge will almost certainly enter a default judgment against you. That means the plaintiff wins automatically — even if their claim is completely wrong — and a court judgment goes on the public record against you. The plaintiff can then use that judgment to garnish your wages, levy your bank account, or place a lien on your real estate.

Ignoring the notice does not make it go away. Show up, or deal with the consequences.

Confirm You Were Properly Served

California has strict service of process rules. If you were not properly served, the court may not have jurisdiction over you and the case may be dismissed or postponed. Review how you received the papers:

• Personal service: An adult who is not a party to the case handed you the papers directly. This is valid.
• Substituted service: Papers were left with a responsible adult at your home or workplace and mailed to the same address. This is valid if the server made 2-3 prior attempts at personal service.
• Clerk's certified mail: The court mailed papers by certified mail and you (specifically you, not someone else) signed the return receipt. This is valid only with your personal signature.

If you received papers in a way that doesn't match one of these methods — for example, papers were simply left on your doorstep with no mailing, or a housemate signed but you weren't home — there may be a service defect worth raising at the hearing. Consult the county's free advisory service before the hearing date.

Understand What the Plaintiff Is Claiming

Read Form SC-100 carefully. The plaintiff has stated: - The amount they claim you owe - The legal basis for their claim (breach of contract, property damage, security deposit, etc.) - Why they are filing in this particular court

Understand exactly what they are alleging. You will need to specifically address these claims — not just generally deny them — at the hearing.

File a Counterclaim (If You Have One)

If you believe the plaintiff owes you money arising from the same incident or relationship, you can file a counterclaim using Form SC-120 (Defendant's Claim and ORDER to Go to Small Claims Court). This is the small claims equivalent of a cross-complaint.

Why file a counterclaim: - It consolidates both disputes into one hearing - It gives you the ability to recover money even if the plaintiff's claim has some merit - If the plaintiff does not respond to your counterclaim, you may win by default on your portion

File SC-120 with the court clerk before your hearing date. Pay the filing fee ($30–$75 depending on the amount). Serve it on the plaintiff following the same service rules that applied to you.

Important: Defendants who plan to file a counterclaim should do so well in advance of the hearing — not the day before — to allow time for service.

Prepare Your Defense

At the hearing, the plaintiff presents first. You will then have your opportunity to respond. A successful defense usually involves one or more of these approaches:

Dispute the facts. The plaintiff's account of events is inaccurate. Bring documentation that contradicts their version: your own contracts, texts, photos, receipts, or witnesses who can attest to what actually happened.

Dispute the amount. Even if you concede some liability, the plaintiff's dollar figure may be exaggerated. Challenge the calculation. For example, if a landlord claims $3,000 in repair costs after a tenancy, but the lease shows the items were already damaged at move-in (check whether there was a move-in inspection form), the actual damages attributable to you may be far less.

Raise a legal defense: - Statute of limitations: Did the plaintiff wait too long to file? Written contracts have a 4-year limit; oral contracts 2 years; property damage 3 years. - Improper venue: Was this filed in the wrong court? Venue challenges must typically be raised promptly. - Wrong defendant: Are they suing you personally for a debt of a business you're associated with? The corporate veil generally protects individuals from business debts if the entity was properly maintained. - Payment already made: Bring proof of payment (bank records, receipts, money order stubs). - No demand made: If the plaintiff never sent you a demand letter as required by CCP § 116.320, this may be a procedural defect.

Offer to settle. Even the day of the hearing, a negotiated settlement is possible. If you owe something but not the full claimed amount, a settlement agreement signed before the judge is called is binding and avoids a judgment on the public record.

What to Bring to the Hearing

Prepare three copies of everything (one for the judge, one for the plaintiff, one for yourself): - The original contract, lease, or agreement - Any receipts showing payments you made - Texts, emails, or other written communications - Photos or video evidence - A written timeline of events with dates

Organized evidence presented calmly and factually is far more persuasive than emotional arguments about how unfair the lawsuit is.

Your Right to Appeal

If you lose as the defendant, you have the right to appeal within 30 days of the Notice of Entry of Judgment by filing Form SC-140. The appeal is a trial de novo (a brand new hearing in the regular Superior Court where attorneys are allowed). The plaintiff who lost does not get the same right — only defendants can appeal in California small claims (CCP § 116.710).

Filing an appeal requires a fee and, in some cases, posting a bond equal to the judgment amount. Weigh the cost of appeal against the judgment amount before deciding.

Avoid the Default Judgment

The single most important thing you can do as a defendant is appear at the hearing. Even if you don't have a perfect defense, a judge who hears your side may award less than the full claim, find the plaintiff's evidence insufficient, or offer a payment plan rather than a lump sum judgment. That outcome is vastly better than a default judgment entered without you ever speaking.

For a full view of how small claims cases unfold from either side — including how plaintiffs build their cases, what evidence judges find persuasive, and how judgments get enforced — the California Small Claims Court Filing Guide is a useful reference.

Get the California Small Claims Court Filing Guide