SC 120 Defendant’s Claim And ORDER To Go Small Claims Court (Small Claims) Sc120

User Manual: SC-120

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SC-120, Page 1 of 3

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)

Clerk stamps date here when form is filed.

Fill in court name and street address:

Superior Court of California, County of

Case Number:

Fill in case number and case name:

SC-120 Defendant’s Claim and ORDER

to Go to Small Claims Court

You are being sued by the person you are suing.

La persona que ha demandado lo está demandando a usted.

Date Time Department Name and address of court if different from above

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Date: Clerk, by , Deputy

The people in and must go to court: (Clerk fills out section below.)

Notice to the person being sued:

Read this form and all pages attached, to understand the claim against

you and to protect your rights.

Bring witnesses, receipts, and any evidence you need to prove your case.

If you lose, the court can order that your wages, money, or property be

taken to pay this claim.

You must go to court on the trial date listed below. If you do not go to court,

you may lose the case.

Aviso al demandado:

Lea este formulario y todas las páginas adjuntas, para entender la demanda

en su contra y para proteger sus derechos.

Lleve testigos, recibos y cualquier otra prueba que necesite para probar

su caso.

Si pierde el caso la corte puede ordenar que le quiten de su sueldo, dinero u

otros bienes para pagar este reclamo.

Tiene que presentarse a la corte en la fecha de su juicio indicada a

continuación. Si no se presenta, puede perder el caso.

Instructions for the person suing:

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Case Name:

You must have someone at least 18—not you or anyone else listed in this case—give each Plaintiff a court-stamped

copy of all 3 pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or

delivering, this form to public entities, associations, and some businesses. See Forms SC-104, SC-104B, and

SC-104C.

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.

Before you fill out this form, read Form SC-100-INFO, Information for the Plaintiff , to know your rights. Get

SC-100-INFO at any courthouse or county law library, or go to: www.courtinfo.ca.gov/forms

Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.

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Trial

Date

Order to Go to Court

To keep other people from

seeing what you entered on

your form, please press the

Clear This Form button at the

end of the form when finished.

Name: Phone: ( )

If more than one Defendant, list next Defendant here:

Name: Phone: ( )

The Defendant (the person, business, or public entity suing now) is:

Name: Phone: ( )

SC-120, Page 2 of 3

Revised January 1, 2011

Street address:

Mailing address (if different):

1

Street address:

Mailing address (if different):

Check here if more than 2 Plaintiffs and attach Form SC-120A.

If more than one Plaintiff, list next Plaintiff here:

2

Check here if any Plaintiff is on active military duty and write his or her name here:

Case Number:

Defendant (list names):

Defendant’s Claim and ORDER to Go to

Small Claims Court

(Small Claims)

Street address:

Mailing address (if different):

Check here if more than 2 Defendants and attach Form SC-120A.

The Defendant claims the Plaintiff owes $ . (Explain below):

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a. Why does the Plaintiff owe the Defendant money?

b. When did this happen? (Date):

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 MC-031 and write “SC-120, Item 3”

at the top.

If no specific date, give the time period: Date started: Through:

Check here if either Defendant listed above is doing business under a fictitious name. If so, attach Form SC-103.

Street City State Zip

Street City State Zip

Street City State Zip

Street City State Zip

Street City State Zip

Street City State Zip

The Plaintiff (the person, business, or public entity that sued first) is:

Name: Phone: ( )

Street address:

Mailing address (if different):

Street City State Zip

Street City State Zip

Revised January 1, 2011 SC-120, Page 3 of 3

You may ask the Plaintiff (in person, in writing, or by phone) to pay you before you sue.

Have you done this? Yes No

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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.

If I do not have enough money to pay for filing fees or service, I can ask the court to waive those fees.

Defendant’s Claim and ORDER to Go to

Small Claims Court

(Small Claims)

Requests for Accommodations

Assistive listening systems, computer-assisted, real-time captioning, or sign language interpreter

services are available if you ask at least five days before the trial. Contact the clerk’s office or go to

www.courtinfo.ca.gov/forms for Request for Accommodations by Persons With Disabilities and

Response (form MC-410). (Civil Code, § 54.8.)

Is your claim about an attorney-client fee dispute? Yes No

If yes, and if you have had arbitration, fill out Form SC-101, attach it to this form, and check here:

Are 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.

Have 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.

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Need help?

Your county’s Small Claims Advisor can help for free.

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Or go to “County-Specific Court Information” at:

www.courtinfo.ca.gov/selfhelp/smallclaims

Date: Defendant types or prints name here Defendant signs here

Date: Second Defendant types or prints name here Second Defendant signs here

Case Number:

Defendant (list names):

I understand that by filing a claim in small claims court, I have no right to appeal this claim.

I 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.

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button after you have printed the form.

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