Sc 120 Form – Fill Out and Use

Order to Go to Court

The people in 1

and 2 must go to court: (Clerk fills out section below.)

Trial

 Date

Time

Department

Name and address of court if different from above

Date

1.

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.

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.

(Small Claims)

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?

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

(Small Claims)