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Can I sue the person suing me?

You can file a Defendant’s Claim and Order to Go to Small Claims Court (SC-120) against the plaintiff if you believe he/she owes you money.


Your claim of defendant or cross claim can be heard during the same court date if:

  • It is related to the plaintiff’s case
  • Money
  • It involves a different transaction or event

If you do decide to file a claim, the same rules the plaintiff used in filing the original claim would apply with these exceptions. The plaintiff should receive a true copy of your claim form Defendant’s Claim and Order to Go to Small Claims Court (SC-120), at least 5 days before the court date. If you got your notice less than 10 days before the court date you can serve your claim as late 1 day before the court date. Try to serve your claim as early as possible.


If you are planning to sue the plaintiff you will want to read the FAQ sections "Thinking about Filing a Small Claims case?" and "Filing my case."


You may want to consult with an attorney or a small claims advisor before filing a Defendant’s Claim or if you have any questions about a claim filed against you.

If you are thinking about filing a Defendant’s Claim, go to the Los Angeles County Department of Consumer Affairs’ Small Claims Court Advisor Program website.

More Small Claims Q&A Topics
Small Claims Basics
Thinking about Filing a Small Claims case?
Filing my case
Serving Notice of my case to the defendant
Responding to a Small Claims case as a defendant
Appearing in Court
Your Day in Court
Collecting a Judgment
Paying a Judgment
Art Showcased in
Los Angeles Courthouse Jury Rooms
Artwork
"My Main Squeeze" by Andrea Mendoza
2010 – 3rd Place Teen

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