Article Structure
The SC-120 form, officially known as the Defendant's Claim and Order to Go to Small Claims Court, is an essential document for individuals involved in small claims litigation in California. This form serves multiple purposes, primarily facilitating the process for defendants to respond to a claim made against them by a plaintiff. It outlines critical information regarding court attendance, emphasizing the importance of appearing on the specified trial date to avoid default judgments. The form prompts defendants to provide details about their claims, including the amounts owed, reasons for the debt, and the calculated basis for their claims. Additionally, the SC-120 includes instructions on the filing process and necessary documentation, such as serving the completed form to all parties involved. It is crucial for defendants to gather any evidence, witnesses, and receipts to support their position in court. Moreover, the content of the form is bilingual, thereby ensuring accessibility for Spanish-speaking individuals. Proper understanding and utilization of the SC-120 can significantly impact the outcomes of small claims disputes.
Sc 120 Example
(Clerk fills out section below.)
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Defendant’s Claim and ORDER |
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to Go to Small Claims Court |
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Notice to the person being sued:
•You are being sued by the person you are suing.
•You must go to court on the trial date listed below. If you do not go to court, you may lose the case.
•If you lose, the court can order that your wages, money, or property be taken to pay this claim.
•Bring witnesses, receipts, and any evidence you need to prove your case.
•Read this form and all pages attached, to understand the claim against you and to protect your rights.
Aviso al demandado:
•La persona que ha demandado lo está demandando a usted.
•Tiene que presentarse a la corte en la fecha de su juicio indicada a continuación. Si no se presenta, puede perder el caso.
•Si pierde el caso la corte puede ordenar que le quiten de su sueldo, dinero u otros bienes para pagar este reclamo.
•Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso.
•Lea este formulario y todas las páginas adjuntas, para entender la demanda en su contra y para proteger sus derechos.
Clerk stamps date here when form is filed.
Fill in court name and street address:
Superior Court of California, County of
Fill in case number and case name:
Case Number:
Case Name:
Order to Go to Court
The people in 1 and 2 must go to court:
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Clerk, by ________________________________ , Deputy |
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Instructions for the person suing:
•Before you fill out this form, read Form
•Fill out pages 2 and 3 of this form. Then make copies of all pages of this form. (Make 1 copy for each party named in this case and an extra copy for yourself.) Take or mail the original and these copies to the court clerk’s office and pay the filing fee. The clerk will write the date of your trial in the box above.
•You must have someone at least
•Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.
Judicial Council of California, www.courts.ca.gov Revised January 1, 2011, Mandatory Form Code of Civil Procedure, § 116.110 et seq.
Defendant’s Claim and ORDER to Go to
Small Claims Court
(Small Claims)
Defendant (list names):
Case Number:
1The Plaintiff (the person, business, or public entity that sued first) is:
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Check here if more than 2 Plaintiffs and attach Form
Check here if any Plaintiff is on active military duty and write his or her name here:
2The Defendant (the person, business, or public entity suing now) is:
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Check here if more than 2 Defendants and attach Form
Check here if either Defendant listed above is doing business under a fictitious name. If so, attach Form
3 The Defendant claims the Plaintiff owes $ |
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a. Why does the Plaintiff owe the Defendant money? |
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b. When did this happen? (Date): |
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If no specific date, give the time period: Date started: |
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c.How did you calculate the money owed to you? (Do not include court costs or fees for service.)
Check here if you need more space. Attach one sheet of paper or Form
Revised January 1, 2011
Defendant’s Claim and ORDER to Go to
Small Claims Court
(Small Claims)
Defendant (list names):
Case Number:
4You may ask the Plaintiff (in person, in writing, or by phone) to pay you before you sue.
Have you done this? |
Yes |
No |
5Is your claim about an
Yes
No
If yes, and if you have had arbitration, fill out Form 
6Are you suing a public entity?
Yes
No
If yes, you must file a written claim with the public entity first. |
A claim was filed on (date): |
If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.
7Have you filed more than 12 other small claims within the last 12 months in California?
Yes
No If yes, the filing fee for this case will be higher.
8I understand that by filing a claim in small claims court, I have no right to appeal this claim.
9If I do not have enough money to pay for filing fees or service, I can ask the court to waive those fees.
10I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in California during this calendar year.
I declare, under penalty of perjury under California State law, that the information above and on any attachments to this form is true and correct.
Date:
Defendant types or prints name here |
Defendant signs here |
Date:
Second Defendant types or prints name here Second Defendant signs here
Requests for Accommodations
Assistive listening systems,
?Need help?
Your county’s Small Claims Advisor can help for free.
Or go to
Revised January 1, 2011 |
Defendant’s Claim and ORDER to Go to |
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Small Claims Court |
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(Small Claims) |
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For your protection and privacy, please press the Clear |
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This Form button after you have printed the form. |
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Form Characteristics
| Fact Name | Description |
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| Purpose of SC-120 | The SC-120 form is used to notify a defendant of a claim against them, requiring them to respond and appear in small claims court. |
| Filing Instructions | Parties must fill out the form, make copies for all involved, and submit the original along with the filing fee to the court clerk. |
| Importance of Appearance | If the defendant does not appear in court on the scheduled trial date, they risk losing the case by default. |
| Governing Law | The SC-120 form operates under the California Code of Civil Procedure, specifically sections 116.110 et seq. |
Guidelines on Utilizing Sc 120
Filling out the SC-120 form can seem daunting, but following these straightforward steps will help ensure you complete it correctly. After you finish the form, it’s essential to make copies and file them with the court. Remember to provide copies to all relevant parties involved in your case.
- Begin by filling in the court’s name and address at the top of the form: “Superior Court of California, County of [Your County].”
- Enter your case number and case name under the appropriate sections.
- In the section labeled “The Plaintiff,” provide the name and contact information of the person who initially sued you. If there is more than one plaintiff, include their details as well.
- If necessary, indicate if any plaintiff is on active military duty by checking the designated box and writing their name.
- Next, list the defendant information. This is where you will input your information and any other defendants involved in the case.
- Answer the questions relating to your claim. Fill in the amount you believe the plaintiff owes you and provide explanations for your claim.
- Indicate if you have already asked the plaintiff to pay you before filing the claim by marking “Yes” or “No.”
- Complete questions about whether your claim is regarding an attorney-client fee dispute or if you are suing a public entity.
- If you have filed more than 12 other small claims in California within the last 12 months, check the box to acknowledge the higher filing fee.
- Sign and date the form at the bottom where it requests the defendant's name and signature. If there's a second defendant, repeat this step for them.
What You Should Know About This Form
What is the SC-120 form?
The SC-120 form, also known as the Defendant’s Claim and ORDER to Go to Small Claims Court, is a legal document used in California small claims court. This form is filled out by the defendant to assert their claims against the plaintiff. It outlines the details of the case, the reasons for the claim, and the amount owed. This form is essential for defendants who wish to counter a lawsuit and seek their own claim in small claims court.
What should I do after completing the SC-120 form?
After filling out the SC-120 form, make sure to make copies of all pages—one for each party involved in the case and an extra for yourself. You must then submit the original and these copies to the court clerk’s office, accompanied by the required filing fee. The court clerk will provide you with the trial date, which must be adhered to in order to avoid losing the case by default.
What if I do not go to court on the trial date?
If you fail to attend court on the designated trial date, you risk losing the case. The court may rule in favor of the plaintiff, which means the court can authorize the seizure of your wages, money, or property to satisfy the claim. It is critical to make arrangements to attend court, regardless of your feelings about the case.
What types of evidence should I bring to court?
Prepare to present all relevant evidence that supports your case. This may include witnesses who can testify on your behalf, receipts that prove transactions or agreements, and any other documentation that supports your assertion of the debt or claim. Having organized evidence helps in presenting a strong case and bolsters your argument.
Can I appeal the decision made in small claims court?
In California small claims court, you cannot appeal the ruling if you lose your case. The decision reached by the judge is final. Therefore, it is important to understand your position and prepare your case thoroughly before the trial. If you feel the need for further legal recourse, consult with a legal professional for guidance on potential alternative actions.
How can I get help with the SC-120 form?
If you need assistance filling out the SC-120 form or understanding the process, your county’s Small Claims Advisor is available to help at no cost. You can also find specific information on small claims procedures and resources online at the California court's official website. Accessing these resources will provide you greater clarity and guidance regarding your rights and responsibilities.
Common mistakes
Filling out the SC 120 form can be a straightforward process, but there are common mistakes that people often make, leading to complications that could have been avoided. One frequent error involves providing incomplete or inaccurate parties' information. When listing the defendants or plaintiffs, it is essential to ensure that names, addresses, and phone numbers are correctly noted. Inaccuracies can lead to delays or even the dismissal of a case.
Another common pitfall occurs when individuals forget to update their contact information for the parties involved. If a mailing address or phone number changes and is not reflected on the SC 120 form, important court communications might not reach the intended recipient, which can have serious implications for the case.
Many people struggle with understanding the specific details to include within the claims section. It is crucial to not only state how much you believe you are owed but also to provide a clear explanation of why the plaintiff owes this amount, including relevant dates and the method of calculation. Omitting this information or not being thorough in the explanation can weaken your claim.
Additionally, failing to comply with requirements related to military status can become a stumbling block. If any plaintiff is on active military duty, this must be clearly stated. Missing this detail could lead to procedural issues or affect the rights of the individuals involved.
Another issue arises from misunderstanding the rules surrounding filing fees. If an individual has filed multiple small claims within the last twelve months, this can result in increased fees for filing. Many overlook this aspect leading to unexpected costs.
Moreover, some individuals neglect to seek pre-litigation payment. It is often advisable to request payment from the other party before taking legal action. If this step has not been taken, it can complicate the claim and make it harder to prove that a legal dispute was necessary.
When attaching additional documentation, people often commit the mistake of failing to mark clearly which attachment corresponds to which part of the claim. This can create confusion for the court and diminish the effectiveness of the supporting evidence.
Finally, one crucial mistake that can significantly impact your case is the misunderstanding of the implications of filing. When filing a claim in small claims court, it is vital to understand that there is generally no right to appeal. Failing to grasp this can lead to frustrations after the ruling.
Documents used along the form
The SC-120 form is an essential document used in small claims court proceedings. Accompanying forms and documents can support your case. Below is a list of five common forms that may be used alongside the SC-120.
- SC-100 - This form is the Plaintiff’s Claim and Order to Go to Small Claims Court. It allows the person initiating the lawsuit to state their claim and request a court date.
- SC-100-INFO - This is a helpful informational guide for plaintiffs. It explains their rights and the processes involved in small claims court, ensuring they understand what to expect.
- SC-104 & SC-104B & SC-104C - These forms are used for serving documents. They provide guidelines for properly delivering the SC-120 and other forms to involved parties, especially for businesses or public entities.
- MC-031 - This is an attachment form for providing additional details about your claim. If you need extra space, you can use this form to explain your situation clearly.
- SC-103 - This form is needed if any of the defendants are doing business under a fictitious name. It helps document the correct names for legal proceedings.
Understanding these additional forms will help navigate the small claims process more smoothly. It’s crucial to ensure all necessary documents are properly filed and served to protect your interests in court.
Similar forms
The SC-120 form, which is the "Defendant’s Claim and Order to Go to Small Claims Court," serves a specific purpose within the small claims process. Several other documents share similarities with this form in terms of their use, structure, and function. Here’s a brief overview of seven of these documents:
- SC-100 - Plaintiff's Claim and ORDER to go to Small Claims Court: This form is used by the plaintiff to initiate a small claims action. Like the SC-120, it requires the parties to attend court on a specified date and provides instructions for presenting evidence and witnesses.
- SC-101 - Plaintiff's Claim and Order to go to Small Claims Court (Fee Dispute): Similar in purpose to the SC-100, this form specifically addresses attorney-client fee disputes. It outlines the claims and evidence required, paralleling what the SC-120 demands for defendants.
- SC-104 - Proof of Service: This document serves as proof that the SC-100 or SC-120 has been properly delivered to the parties involved. Both forms require formal service to ensure all parties receive notice of the proceedings.
- SC-104B - Proof of Service by Mail: Just like the SC-104, this form provides evidence of service but is specifically for cases where the form was mailed rather than delivered in person, ensuring adherence to serving requirements in both SC-120 and SC-100.
- SC-104C - Proof of Service by Publication: This document is used in instances where a party cannot be located, requiring the service of the SC-120 or SC-100 through publication in a local newspaper. It underscores the importance of notifying parties about claims against them.
- MC-031 - Request for Accommodations: Both the SC-120 and MC-031 serve to assist individuals who may require special accommodations during the court process. While the SC-120 informs defendants of their rights, MC-031 directly requests necessary support.
- SC-120A - Additional Plaintiffs or Defendants: This form is used when there are more than two plaintiffs or defendants. It complements the SC-120 by ensuring that all parties involved in the small claims case are accounted for and properly listed.
Examining these documents highlights the interconnected nature of small claims court processes. Each form fulfills a unique function while sharing common characteristics such as the need for clear instructions and adherence to procedural requirements.
Dos and Don'ts
When filling out the SC-120 form, there are several best practices and common pitfalls to keep in mind. The following list outlines what to do and what to avoid:
- Do carefully read all instructions before starting the form.
- Do ensure that all required fields are completed accurately.
- Do make at least one copy of the filled-out form for your records.
- Do bring all relevant evidence and witnesses to court.
- Don't leave any sections blank unless specified.
- Don't forget to file the form with the court before the deadline.
- Don't assume the court will contact you regarding any missed information.
Misconceptions
Misconception 1: The SC-120 form is only for plaintiffs.
The SC-120 form is actually intended for defendants as well. It enables defendants to file a claim against the plaintiff, allowing them to respond to the lawsuit and assert their own claims in small claims court.
Misconception 2: I don't need to show up at the court if I file the SC-120.
It’s crucial to attend the court on the designated trial date. Not appearing could lead to losing the case by default, meaning the court may rule against you simply for not showing up.
Misconception 3: I can win just by submitting the SC-120 form.
Submitting the SC-120 is just the starting point. You must provide evidence, witnesses, and a clear explanation of your claims to support your case effectively during the court hearing.
Misconception 4: The court will provide legal representation.
Small claims court does not provide legal representation. It is designed for individuals to represent themselves. So, be prepared to present your case and navigate the court process on your own.
Misconception 5: Filing the SC-120 means I automatically get a ruling in my favor.
Filing the form does not guarantee a positive outcome. The judge will consider all evidence and arguments presented by both parties before making a final ruling. Fairness is central to the process.
Key takeaways
When filling out and using the SC-120 form for small claims court, keep these key takeaways in mind:
- Understand Your Obligations: If you are being sued, you must attend court on the trial date. Failing to appear may result in losing the case.
- Prepare Your Evidence: Bring all necessary evidence, including receipts and witness statements, to support your claim or defense.
- Follow Instructions Carefully: Read the instructions on the form and associated informational pages to ensure you understand the process fully.
- Make Required Copies: After completing the form, make copies for all parties involved and keep one for your records.
- Properly Serve Documents: Deliver court-stamped copies of the form to all plaintiffs involved, using a third-party over 18 years old if necessary.
- Know Your Rights: Familiarize yourself with small claims procedures and protective measures to safeguard your interests.
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