Who needs the SC-120 Form?
The SC-120 Form is Defendant’s Claim and ORDER to Go to Small Claims Court. The form can be filled out by a defendant in a case if they have made a decision to sue the plaintiff in return. Therefore the form serves to inform the plaintiff about the counterclaim.
What is the purpose of the Defendant’s Claim and ORDER to Go to Small Claims Court?
The completed form is supposed to be sent to the plaintiff to make them aware of the counterclaim and the need to appear at court. All the major details of the case are to be indicated on the form.
When is the SC-120 Form due?
According to the instructions, the form does not have a specific deadline. However, the counterclaim can be filed until the decision on the initial case has been made.
If the defendant is suing the public entity, first they must file a written claim with that entity. In case the public entity denies or ignores the written claim within the allotted time, the defendant can submit form SC-120.
Is the SC-120 Form accompanied by any other forms?
Depending upon the circumstances of the case, there can be several forms attached to the completed SC-120 Form:
If there are more than 2 defendants, Form SC-120A must be filed, too;
If the defendant claims that the plaintiff to the initial case is using a fictitious business name, Form SC-103 must be submitted, etc.
How to fill out the SC-120 Defendant's Claim?
The completed form should state the following:
- Trial date;
- The plaintiff (as in the initial claim);
- The defendant;
- The amount the plaintiff owes according to the defendant and the reasons for this;
- Other circumstances defining the claim.
- Finally, the defendant(s) must date and sign off on the form.