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.
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.
How much it costs to defend a small claims lawsuit
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
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
Extra confidence, priced by case size
- Everything in Prepare and file
- Licensed CA attorney review
- Revisions before filing
- Attorney files on your behalf
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 to prepare for a small claims hearing in California
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.
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
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.
Sued in small claims court, your questions answered
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.