Form SC-120 Defendant's Claim California

Someone sued you in small claims court, but you believe they actually owe you money. Maybe a contractor sued you for the final payment, but their work was defective and you paid a second contractor to fix it. Or your former landlord is suing for property damage, and you never got your security deposit back.

In California small claims court, you can sue the plaintiff right back — at the same hearing, in front of the same judge — by filing Form SC-120, the Defendant's Claim.

What Form SC-120 Does

Form SC-120 is titled "Defendant's Claim and ORDER to Go to Small Claims Court." It works as a formal cross-complaint. You're telling the court: the plaintiff may have a claim against me, but I also have a claim against them.

The judge hears both claims at the same hearing and can award money to either side. If you win on both — the plaintiff's claim fails and your counterclaim succeeds — the plaintiff walks out owing you money.

Your counterclaim doesn't have to arise from the same dispute. If the plaintiff is your former business partner suing over an unpaid invoice, but they also damaged your equipment months earlier, you can file SC-120 for the equipment damage even though it's a separate incident.

Filing Deadlines

The deadline for filing and serving Form SC-120 depends on how much notice you got:

• Standard rule: File SC-120 with the court clerk and serve it on the plaintiff at least 5 calendar days before the hearing date
• Late-service exception: If you were personally served with the plaintiff's claim 10 days or fewer before the hearing, you only need to file and serve SC-120 at least 1 calendar day before the hearing

These deadlines are set by CCP § 116.360. If you miss one, contact the Small Claims Advisor promptly about the options for your case; the statute does not guarantee that the counterclaim will be heard at the scheduled hearing.

Filing Fees

Fees for Form SC-120 are tiered by the amount you're claiming:

If you've filed more than 12 small claims in the past 12 months (unusual for a defendant, but possible), the fee jumps to $100.

Can't afford the fee? File Form FW-001 (Request to Waive Court Fees) along with your SC-120.

Monetary Limits

Your counterclaim is subject to the same jurisdictional caps as any small claims case:

• Individuals: up to $12,500
• Corporations, LLCs, and partnerships: up to $6,250

If your claim exceeds these limits, you can waive the excess and stay in small claims, or file a separate civil lawsuit. You cannot split a single claim into multiple cases to stay under the cap.

How to Serve Form SC-120

After filing SC-120 with the court clerk, you must serve a copy on the plaintiff. Service follows the same rules as any small claims case:

• Personal service — a non-party aged 18 or older hand-delivers the form to the plaintiff
• Substituted service — leave the form with a competent adult at the plaintiff's home or business, then mail a copy (this adds 10 calendar days before service is legally complete; a prior attempt at personal service is not required in a small claims case)

You cannot serve the papers yourself. File proof of service using Form SC-104.

Given the tight 5-day deadline, personal service is almost always the practical choice. Substituted service takes too long unless you have weeks to spare.

What Happens at the Hearing

The judge hears both claims in the same session. The plaintiff presents their case first, then you present your defense and your counterclaim. Each side gets to respond.

Possible outcomes:

• Plaintiff wins their claim, your counterclaim is denied — you owe the plaintiff
• Plaintiff's claim is denied, you win your counterclaim — the plaintiff owes you
• Both claims partially succeed — the judge offsets the amounts
• Both claims fail — nobody owes anything

One important catch: if you file SC-120 and lose your counterclaim, you cannot appeal the denial of your counterclaim. Only the defendant can appeal the plaintiff's original claim. So weigh whether your counterclaim is strong enough before filing — you get one shot.

When a Counterclaim Makes Sense

File SC-120 when you have a genuine monetary claim with evidence to support it. Strong counterclaim scenarios:

• You're a tenant being sued for damages, but the landlord withheld your security deposit without the required 21-day itemized statement under Civil Code § 1950.5
• A contractor is suing you for payment, but you paid another contractor to fix their defective work
• A buyer is suing you over a car sale, but they owe you for repairs you made before the sale

Don't file SC-120 purely as a tactical move with no real damages. Judges see through frivolous counterclaims, and the filing fee is non-refundable.

The Full Process, Step by Step

The Responding to a Small Claims Case in California guide walks through every defendant option — counterclaims, venue challenges, postponements, evidence preparation, and the hearing itself — with the exact forms, deadlines, and service rules so you don't miss a step.

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