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You are here: Small Claims > What to Do If You Are Being Sued > How Can I Sue the Person Suing Me?
If you think the person suing you (called "the plaintiff") owes you money or hurt you, you can sue them. This is called "countersuing."
How much money can I ask for?
What if I want to ask for more money?
If I want to sue, what must I do?
Must I tell the person I'm suing them?
How much money can I ask for?
An individual cannot ask for more than $7,500 in a claim. Corporations and other entities (like, government entities) cannot ask for more than $5,000.
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What if I want to ask for more money?
If you want to ask for more than $7,500 (for individuals)/$5,000 (corporations and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each party.
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If I want to sue, what must I do?
1. Ask the plaintiff to pay the money you are owed. Click here for help writing a letter to the person or business asking for payment.
Click here for help writing a letter a bad check/stop payment demand check.
2. If you want to sue, you must fill out a form called Defendant's Claim and Order to Plaintiff (Small Claims) (form SC-120).
3. After you fill out this form, you must file the form with the court. You must pay a filing fee.
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Must I tell the person I'm suing them?
Yes. Someone-not you-must hand or mail a copy of your form to the other person at least 5 days before your hearing. This is called "service."
For help serving your form, click here.
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Last modified: 03/17/2008
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