Sc 120 Form PDF Details

In the realm of small claims courts, the SC-120 form serves a pivotal role for individuals who find themselves not only defending a claim but also wishing to pursue their own lawsuit against the plaintiff. Officially coined as the "Defendant's Claim and ORDER to Go to Small Claims Court," this document is foundational for anyone seeking to navigate the complexities of small claims litigation from the standpoint of a counterclaimant. Essentially, when someone is sued and believes that the plaintiff also owes them money, the SC-120 form enables them to lodge a counterclaim against the original party. Key sections of the form require detailed input about both the plaintiff and defendant including contact information and the nature of the claim, thereby setting the stage for a small claims court to assess the merits of both sides. The form is rigorous in its layout, demanding that the defendant articulate the reasons behind their claim, the associated timeline, and the calculation of the monies they believe are owed. Furthermore, the form mandates that defendants consider whether they have attempted to resolve the matter out of court, whether their claim involves a fee dispute with an attorney, and if they are suing a public entity—a process that involves its own preliminary steps. With areas designed to ensure that claimants are aware of limits on their ability to sue, request for fee waivers, and accommodation requests for disabilities, the SC-120 is comprehensive. It is crucial for those using the form to heed its guidance, including serving the documents properly and being fully prepared for their day in court. As such, the SC-120 not only facilitates the counterclaim process within California's Small Claims Courts but also underscores the importance of judicial preparation and adherence to legal procedures.

QuestionAnswer
Form NameSc 120 Form
Form Length3 pages
Fillable?No
Fillable fields0
Avg. time to fill out45 sec
Other namesform sc 120, small claims for filing court, order small claims, small claims court online filing

Form Preview Example

(Clerk fills out section below.)

 

Defendant’s Claim and ORDER

SC-120

to Go to Small Claims Court

 

 

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:

Trial

 

Date

 

Time

 

Department

 

Name and address of court if different from above

1.

 

 

 

 

 

 

 

 

Date

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2.

 

 

 

 

 

 

 

 

 

 

3.

 

 

 

 

 

 

 

 

Date:

 

 

 

 

 

 

Clerk, by ________________________________ , Deputy

 

 

 

 

 

 

 

 

 

 

 

Instructions for the person suing:

•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

•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 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.

•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

SC-120, Page 1 of 3

(Small Claims)

Defendant (list names):

Case Number:

1The Plaintiff (the person, business, or public entity that sued first) is:

Name:

 

 

 

 

Phone:

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

State Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

City

 

 

 

 

State Zip

 

If more than one Plaintiff, list next Plaintiff here:

Name:

 

 

 

 

Phone:

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

State Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

City

 

 

 

 

State Zip

 

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

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:

Name:

 

 

 

 

Phone:

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

State Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

City

 

 

 

 

State Zip

 

If more than one Defendant, list next Defendant here:

Name:

 

 

 

 

Phone:

 

 

Street address:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

City

 

 

State Zip

 

Mailing address (if different):

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Street

 

 

City

 

 

 

 

State Zip

 

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

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

3 The Defendant claims the Plaintiff owes $

 

. (Explain below):

a. Why does the Plaintiff owe the Defendant money?

 

 

 

 

 

 

 

b. When did this happen? (Date):

 

 

 

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

Through:

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.

Revised January 1, 2011

Defendant’s Claim and ORDER to Go to

Small Claims Court

SC-120, Page 2 of 3

(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 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:

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, 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.)

?Need help?

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

Or go to “County-Specific Court Information” at: www.courtinfo.ca.gov/selfhelp/smallclaims

Revised January 1, 2011

Defendant’s Claim and ORDER to Go to

 

 

 

 

 

 

 

Small Claims Court

 

 

 

(Small Claims)

For your protection and privacy, please press the Clear

 

 

 

 

This Form button after you have printed the form.

 

Print this form

 

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SC-120, Page 3 of 3

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How to Edit Sc 120 Form Online for Free

Creating documents along with our PDF editor is more straightforward compared to nearly anything. To modify small claims for court filing the form, there isn't anything for you to do - just adhere to the actions below:

Step 1: Choose the "Get Form Now" button to begin the process.

Step 2: Once you have accessed your small claims for court filing edit page, you'll see all actions you may undertake concerning your file at the top menu.

For every single area, add the details required by the software.

portion of blanks in order small claims

The software will need you to fill out the Trial Date, Date, Clerk by Deputy, Instructions for the person suing, SCINFO at any courthouse or county, Fill out pages and of this form, You must have someone at least, Go to court on your trial date, Judicial Council of California, wwwcourtscagov, Defendants Claim and ORDER to Go, and SC Page of part.

order small claims Trial Date, Date, Clerk by Deputy, Instructions for the person suing, SCINFO at any courthouse or county, Fill out pages and of this form, You must have someone at least, Go to court on your trial date, Judicial Council of California, wwwcourtscagov, Defendants Claim and ORDER to Go, and SC Page of blanks to fill out

Note the fundamental details as you are within the Defendant list names, Case Number, The Plaintiff the person business, Name Street address, Street, Mailing address if different, Phone, City, State, Zip, Street, City, State, Zip, and If more than one Plaintiff list field.

stage 3 to filling out order small claims

It is essential to identify the rights and responsibilities of all parties in part Street, Mailing address if different, City, State, Zip, Street, City, State, Zip, If more than one Defendant list, Street, Mailing address if different, Phone, City, and State.

Finishing order small claims step 4

End by reviewing all these sections and filling them in accordingly: Defendant list names, Case Number, You may ask the Plaintiff in, Have you done this, Yes, Is your claim about an, Yes, If yes and if you have had, Are you suing a public entity, Yes, If yes you must file a written, Have you filed more than other, Yes, If yes the filing fee for this, and I understand that by filing a.

step 5 to completing order small claims

Step 3: Select the Done button to save the form. Now it is readily available for upload to your electronic device.

Step 4: In order to avoid potential future problems, take the time to hold a minimum of several copies of each and every document.

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