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Sued in small claims

Sued in small claims court in California? Don't skip the hearing

If you don't show up, you lose automatically, and that judgment can mean wage garnishment, a frozen bank account, and a mark on the public record. SueEasy helps you walk in prepared, starting at $199.

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What's at stake

What happens if you skip your small claims hearing

Missing the hearing means a default judgment

Small claims doesn't need a written response, so people assume there's nothing to do. But missing the hearing itself means an automatic loss, no judge ever hears your side.

The debt doesn't stay the same size

A judgment collects 10% interest every year for up to 10 years. "It's only $3,000" is exactly how people end up owing a lot more later.

It's not just about your credit

They can garnish up to 20% of your paycheck, levy your bank account, or put a lien on property you own, blocking a sale or refinance.

Something a lot of defendants don't realize

If the person suing you also owes you something from the same situation, you may be able to file a counterclaim, your own claim against them, in the same case, using form SC-120. It can even be for more than they're asking you for. Example: a tenant is sued for $4,000 in supposed damage, but the landlord actually owes them $9,200 in a withheld deposit. Filing a counterclaim flips the case around.

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Pricing

How much it costs to defend a small claims lawsuit

Prepare

$0

Start free, see everything before you pay

  • Full guided intake
  • Deadline and statute of limitations check
  • Review of whether they can prove ownership
  • Draft answer preview
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Priced by case size

Prepare and file

$199-$1,299

Priced by how much the lawsuit is asking for

  • Amount claimed under $12,500: $199
  • Amount claimed $12,500-$35,000: $699
  • Amount claimed over $35,000: $1,299
  • Complete answer, ready to file and serve
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Add-on

Add attorney review

+$1,000-$1,500

Extra confidence, priced by case size

  • Everything in Prepare and file
  • Licensed CA attorney review
  • Revisions before filing
  • Attorney files on your behalf
Add an attorney

This covers preparing and filing your answer, it's not legal representation unless you add attorney review, and we don't appear in court on your behalf.

How it works

How to prepare for a small claims hearing in California

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Tell us what's going on

A few quick questions: who's suing you, what your relationship was, and what happened. Small claims doesn't require a written response before the hearing, so most of this is figuring out whether you have a "counterclaim," your own claim against them, worth filing before that window closes.

  • A counterclaim is filed on form SC-120, and must come from the same dispute
  • You can ask for more than they're suing you for
  • Individuals can claim up to $12,500, businesses up to $6,250
  • No counterclaim needed if you just want to show up and defend yourself

We check your counterclaim window

A counterclaim must be filed and served at least 5 days before your hearing, or 10 days if you were served 16 or more days out. Miss the window, and you haven't lost the claim, you'd just file it separately, as its own case, with its own fee and hearing date.

You walk in prepared

We help you put together a simple one-page summary, your evidence in order, and a filed counterclaim if you have one. These hearings often run just 10 to 15 minutes, so being organized matters more than being a great talker.

Do you have a claim back

Could you file a counterclaim in your small claims case

A lot of people being sued in small claims are also owed something themselves. The real questions are whether it comes from the same situation, and whether there's still time to file it.

Signs you might have a counterclaim

  • You're a tenant being sued, and your landlord never returned your deposit
  • A contractor or client relationship where money went both directions
  • A roommate or business dispute where you ended up covering more than your share
  • You can put a fairly clear dollar figure on what they owe you

What we look at before you file anything

  • Whether your claim actually comes from the same or a related dispute
  • Whether you're still inside the 5-day or 10-day filing window
  • Whether your claim fits under the $12,500 individual or $6,250 business cap
  • What evidence would actually back it up
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If you lose

What happens if you lose your small claims case

It grows every year

The court can order you to pay the full amount claimed. That amount adds 10% interest a year, for up to 10 years, and can be renewed.

They can take money directly

Up to 20% of your paycheck, or straight from your bank account. Social Security and most public benefits are automatically protected.

It can attach to property you own

They can put a lien on any property you own in the county. That stays in place, blocking a sale or refinance, until it's paid off.

Good news, you get a real second shot

As the defendant, losing isn't final. You can appeal within 30 days and get a completely fresh trial in superior court, called a "trial de novo." It starts over in front of a new judge, and lawyers are allowed this time. The person who sued you doesn't get this same second chance if they lose.

FAQs

Sued in small claims court, your questions answered

Do I need to file anything before my California small claims hearing?
No formal answer is required, small claims doesn't work that way. What you may need to file is a counterclaim on form SC-120, which has a real deadline: at least five days before the hearing, or ten if you were served sixteen or more days out. Miss it and you can only raise your claim as a separate case later.
What is the deadline to file a counterclaim in California small claims?
File and serve form SC-120 at least five days before the hearing date, or ten days if the plaintiff served you sixteen or more days before the hearing. The count is calendar days. If you're inside that window, ask the clerk about a continuance rather than assuming you're out of options.
What can I counterclaim for in a California small claims case, and how much?
Anything arising from the same or a related transaction, up to $12,500 if you're an individual. Your counterclaim can exceed what the plaintiff is suing you for, a tenant sued for $4,000 who's actually owed $9,200 in deposit and penalties is the standard example, and it can flip the entire case.
Can I bring a lawyer to my California small claims hearing?
Not to the hearing itself. CCP 116.530 keeps attorneys out of small claims for both sides. You can consult one beforehand, and many people do, but this is the one civil forum in California where being unrepresented doesn't put you at a structural disadvantage.
What if I can't make my California small claims hearing date?
Request a postponement from the clerk as early as possible, in writing, with a reason, there's usually a small fee. Don't simply fail to appear. A default judgment is far harder to undo than a continuance is to obtain, and the form for setting one aside is SC-135, with a 30-day window.
I lost my California small claims case, can I appeal?
Yes, and this is the part almost nobody knows. As the defendant, you get a full new trial in the superior court, called a trial de novo, within 30 days of the notice of entry of judgment being mailed. Attorneys are allowed at that stage. The plaintiff has no equivalent right to appeal their own claim.
What can a plaintiff do to me once they have a small claims judgment in California?
Garnish up to 20% of your disposable earnings, levy your bank account, and record an abstract of judgment that becomes a lien on any real property you own in that county. The judgment lasts 10 years and is renewable, which is why "it's only $3,000" undersells the risk.
Was I served properly in my California small claims case?
Worth checking. Small claims has its own service rules, requiring service at least 15 days before the hearing, or 20 if you're outside the county. Defective service is a real defense, but raising it usually gets you a new hearing date rather than ending the case outright.
Does it change anything if my business is being sued in California small claims?
Yes. A corporation or LLC generally can't be represented by a non-attorney owner in most courts, but small claims is the exception, an officer, director, or regular employee can appear. The entity claim cap of $6,250 applies to your counterclaim, not to the plaintiff's claim against you.
Should I just pay the plaintiff instead of fighting a California small claims case?
Sometimes, yes. If the claim is accurate, under about $1,500, and you have no counterclaim, settling before the hearing avoids a judgment on your record and often earns a discount for immediate payment. Get a written settlement and a request for dismissal, form CIV-110, before handing over any money.

SueEasy is a self-help legal technology product built by LegalForce RAPC Worldwide, P.C. Using SueEasy does not create an attorney-client relationship and does not provide legal advice. We are not a law firm and cannot represent you in court. Every California county provides a free small claims advisor, and we can point you to yours.