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You are here: Small Claims > What to Do If You Are Being Sued > What to Do If You Are Being Sued Checklist
- Talk to the person or business that is suing you. Try to work things out before going to court.
- Try mediation or other ways to solve problems without going to court.
- Learn about how small claims court works. Go to the courthouse and watch a small claims hearing. That way you'll know what to expect. Read this Web site and use the resources we list, including your local resources (such as the small claims legal advisor). The Department of Consumer Affairs has an extensive section on defending yourself in a small claims case. Click here for the website. You can also research your case on this site.
- Figure out if you're being sued in the wrong court. Click here for help.
- If you want to sue the person who is suing you, file and serve a form called a Defendant's Claim and Order to Plaintiff (Small Claims) (form SC-120). Click here for help preparing, filing, and serving this form. Try to have both hearings at the same time.
- Get ready for court.
You should:
- Think about what you're going to say.
- Get your evidence ready.
- Talk to witnesses
- Go to the courthouse and watch a small claims hearing. That way you'll know what to expect.
- If you owe the other person money, pay it or try to work out a payment plan before the hearing.
- If you need to, ask to have the hearing on another day so you can have more time to try to settle your problems without going to court. Click here to learn how to change the date of your hearing. Remember, if you lose in court, it may go on your credit record.
- Go to your hearing.
- Read the What to Do After Your Hearing Checklist for more tips.
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Last modified: 03/17/2008
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