California Form SC-120, the Defendant’s Claim and Order to Go to Small Claims Court, lets you sue the plaintiff back inside the same small claims case instead of opening a separate lawsuit. You file it with the court that is already handling the plaintiff’s claim, serve a stamped copy on the plaintiff, and the judge hears both sides at one hearing. Your claim does not have to arise from the same dispute the plaintiff brought — California law expressly allows unrelated claims on this form.
Who Can File and How Much You Can Claim
Any defendant in an active small claims case can file an SC-120 against the plaintiff. Code of Civil Procedure Section 116.360 says “the defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits” and that “[t]he claim need not relate to the same subject or event as the plaintiff’s claim.”1California Legislative Information. California Code of Civil Procedure 116.360 If the plaintiff sued you over a fender-bender and separately owes you money on an old loan, both can go before the same judge.
How much you can ask for depends on who you are. An individual (a natural person) can claim up to $12,500. A business or other entity is capped at $6,250.2Judicial Branch of California. Small Claims in California Nobody, individual or business, can file more than two claims exceeding $2,500 anywhere in California in the same calendar year.3Superior Court of California. Small Claims
If your actual damages run higher than the cap, you have to choose. You can waive the excess and stay in small claims, or take the whole claim to a higher court instead. Waiving is permanent: you cannot come back later to recover the piece you gave up.4Superior Court of California. Small Claims – County of San Francisco
Filling Out the SC-120
Download the SC-120 free from the California Courts website or pick up a paper copy at the court clerk’s office.5Judicial Branch of California. Defendant’s Claim and ORDER to Go to Small Claims Court Before you write anything, pull together the plaintiff’s full legal name and current mailing address along with your own contact information. If the plaintiff is a business, verify the exact legal name through the California Secretary of State’s business search, because a misspelled entity name can create service problems later.
The form is short and moves through numbered boxes:
- Box 1 asks for the full legal name and address of the plaintiff, who becomes the cross-defendant on your claim. List each plaintiff separately if there is more than one.
- Box 2 is for your current legal name and mailing address so the court and the other party can reach you.
- Box 3 is the specific dollar amount you are seeking. Anchor it to receipts, invoices, repair estimates, or medical bills rather than a round guess.
- Box 4 asks why the plaintiff owes you that money. Stick to facts: dates, what the plaintiff did or failed to do, and how that caused your loss. Keep the language plain and tie the story directly to the dollar figure in Box 3.
If Box 4 does not give you enough room, attach Form MC-031 (Attached Declaration) to continue your explanation. MC-031 must be signed under penalty of perjury and physically attached to the SC-120 when you file.6California Courts | Self Help Guide. Attached Declaration (MC-031)
Filing and Fees
File the completed form at the clerk’s window in the courthouse where the plaintiff’s case is pending, or through the county’s e-filing portal if one is offered. The clerk stamps your copies and sets your claim on the same hearing date as the plaintiff’s case.
Filing fees scale with the amount you are claiming:7California Courts | Self Help Guide. File Your Plaintiff’s Claim – Section: Pay a Filing Fee
- Up to $1,500: $30
- $1,500.01 to $5,000: $50
- $5,000.01 to $12,500: $75
- $100 if you have filed 12 or more small claims cases anywhere in California in the past 12 months
If the fee is a problem, file Form FW-001 (Request to Waive Court Fees) at the same time. You qualify if you receive certain public benefits, earn below a low-income threshold, or lack income to cover basic needs plus court costs.8California Courts | Self Help Guide. Request to Waive Court Fees
Serving the Plaintiff and the Deadlines
Once the clerk stamps your SC-120, someone else has to hand a copy to the plaintiff. You cannot serve the papers yourself. The server must be at least 18 and not a party to the case. Options include a professional process server, the county sheriff, or any adult willing to do it.9California Courts. Serve Your Defendant’s Claim
How quickly service has to happen depends on how much notice you got about the hearing:9California Courts. Serve Your Defendant’s Claim
- If you were served with the plaintiff’s claim more than 10 days before the court date, your SC-120 must reach the plaintiff at least 5 days before the hearing.
- If you were served 10 days or fewer before the court date, your SC-120 must reach the plaintiff at least 1 day before the hearing.
After service, the server fills out and signs Form SC-104 (Proof of Service). File the completed SC-104 with the clerk at least 5 days before the hearing.10Judicial Council of California. Proof of Service (Small Claims) SC-104 Without proof of service on file, the judge has no evidence the plaintiff knew about your claim and will likely refuse to hear it. Miss the service deadline itself and the court can push your claim to a later date or decline to hear it at that hearing.
What Happens at the Hearing
The judge hears the plaintiff’s original case and your defendant’s claim in the same session. Both sides give testimony and put on evidence: contracts, receipts, photos, repair estimates, text messages, anything that supports the story. Attorneys generally are not allowed to represent parties at the initial small claims trial, so you speak for yourself.
The court usually issues one judgment covering both claims. If the plaintiff wins on their claim and you win on yours, the judge offsets the amounts. Say the plaintiff is awarded $2,000 and your claim comes in at $800; the net judgment is $1,200 for the plaintiff. One order, one balance to pay.
Appealing if You Lose
Only the party ordered to pay money can appeal. If you lose on both the plaintiff’s case and your own claim, you can appeal. If the plaintiff loses on your SC-120 claim, the plaintiff can appeal that piece.11California Courts | Self Help Guide. Appeal (Challenge) the Judge’s Decision
File Form SC-140 (Notice of Appeal) and pay a $75 fee within 30 days of the date the Notice of Entry of Judgment was mailed or handed to you.11California Courts | Self Help Guide. Appeal (Challenge) the Judge’s Decision Miss that 30 days and the judgment becomes final.
An appeal is a brand new trial before a different judge who knows nothing about the first hearing. Both sides put on their evidence from scratch, and this time either side can hire an attorney. The appeal judge’s decision is final. If that judge finds the appeal was filed just to harass or pressure the other side, the court can order the appealing party to pay up to $1,000 in the other side’s attorney fees and up to $1,000 for lost wages and travel.12California Courts | Self Help Guide. Small Claims Appeals
Collecting if You Win
A judgment is not a check. If the plaintiff does not pay voluntarily, you have to run collection yourself; the court does not chase the money for you.
The usual first step is a Writ of Execution (Form EJ-130). File it with the clerk and pay a $40 fee. The writ lets the sheriff levy the debtor’s bank account or garnish wages on your behalf. A writ is good for 180 days, so long collections mean issuing a new one.13California Courts | Self Help Guide. How to Get a Writ of Execution
If you do not know where the debtor banks or works, you can request a debtor examination under Code of Civil Procedure Section 708.110. The court orders the debtor to appear and answer questions about income, accounts, and property. You must personally serve the examination order at least 10 days before the scheduled appearance.14Justia Law. California Code of Civil Procedure 708.110-708.205 – Examination Proceedings
Interest runs on unpaid judgments at 10 percent per year in most cases. A lower 5 percent rate applies if the debtor is a natural person and the judgment involves personal debt under $50,000 or medical expenses under $200,000, for judgments entered or renewed after January 1, 2023.15Judicial Council of California. Information Sheet for Calculating Interest and Amount – MC-013-INFO
Taxes on What You Collect
Whether the money is taxable depends on what it replaces. Under IRC Section 104(a)(2), damages for personal physical injuries or physical sickness are excluded from gross income. Everything else — lost rent, contract damages, property damage recovery above your adjusted basis, emotional distress not tied to a physical injury — is generally taxable as ordinary income.16Internal Revenue Service. Tax Implications of Settlements and Judgments Most SC-120 claims involve property damage or broken contracts, so expect the award to show up as income on your federal return. If yours is a physical injury claim, hold on to documentation of the injury so you can support the exclusion if the IRS asks.