Yes! You can use AI to fill out Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims)
Form SC-120 is the California Judicial Council’s mandatory small claims form a defendant uses to sue the plaintiff back in the same small claims case (a defendant’s claim/counterclaim). It identifies the parties, states the amount claimed, and explains why the plaintiff owes the defendant money, along with key eligibility and disclosure questions (e.g., public entity claims, attorney-fee disputes, and filing limits). When filed, the clerk completes the hearing information and the form becomes an order to appear in small claims court. Proper filing and service of the court-stamped form are important because missing deadlines or failing to appear can result in losing the case and potential collection actions.
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Form specifications
| Form name: | Judicial Council of California Form SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims) |
| Number of pages: | 3 |
| Filled form examples: | Form SC-120 Examples |
| Language: | English |
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How to Fill Out SC-120 Online for Free in 2026
Are you looking to fill out a SC-120 form online quickly and accurately? Instafill.ai offers the #1 AI-powered PDF filling software of 2026, allowing you to complete your SC-120 form in just 37 seconds or less.
Follow these steps to fill out your SC-120 form online using Instafill.ai:
- 1 Enter the court information (county, court address if required) and the case identifiers (case number and case name) exactly as they appear on the plaintiff’s small claims filing.
- 2 List all plaintiffs and defendants with complete names, phone numbers, and addresses; add additional parties using SC-120A if there are more than two, and attach SC-103 if any defendant is doing business under a fictitious name.
- 3 Complete Item 3 by stating the dollar amount you claim the plaintiff owes and clearly explaining (a) why the money is owed, (b) when it happened (date or date range), and (c) how you calculated the amount; attach MC-031 or a separate sheet if you need more space and label it “SC-120, Item 3.”
- 4 Answer the eligibility and screening questions (Items 4–7), including whether you asked for payment first, whether it involves an attorney-client fee dispute (and attach SC-101 if applicable), whether you are suing a public entity (and provide the claim filing date), and whether you have filed more than 12 small claims in the last 12 months.
- 5 Review and acknowledge the required statements (Items 8–10) about no right to appeal, fee waiver availability, and limits on filing more than two claims over $2,500 in a calendar year.
- 6 Sign and date the declaration under penalty of perjury (and have any second defendant sign as well), then generate copies (one for each party plus one for yourself) and file the original with the court clerk and pay the filing fee (or request a fee waiver if needed).
- 7 After the clerk stamps the form and sets the hearing, arrange for proper service by an eligible adult (not you or anyone listed in the case) to deliver a court-stamped copy and attachments to each plaintiff, then prepare for the hearing by organizing evidence and witnesses for the trial date.
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Frequently Asked Questions About Form SC-120
SC-120 is used when you are the defendant in an existing small claims case and you want to file your own claim against the plaintiff (a defendant’s claim). When it is filed, the clerk will also issue an order telling the parties to appear in small claims court on the hearing date.
You should fill out SC-120 if you were sued first (you are the defendant) and you believe the plaintiff owes you money related to the dispute. The form is completed by the defendant(s) who are making the claim.
Yes. The form states that “You are being sued by the person you are suing,” meaning your defendant’s claim is against the original plaintiff, and both claims are handled in small claims court.
You must fill out pages 2 and 3. Page 1 contains the court’s order to appear and is completed by the clerk with the hearing date, time, and department.
You must list names, phone numbers, and addresses (street and mailing, if different) for the plaintiff(s) and defendant(s). If there are multiple parties, you may need to attach form SC-120A.
Check the box indicating there are more than two plaintiffs or defendants and attach form SC-120A. This allows you to list additional parties beyond the spaces provided on the form.
Check the box in item 2 indicating a defendant is doing business under a fictitious name and attach form SC-103. This helps properly identify the business name connected to the person or entity.
Enter the dollar amount you claim the plaintiff owes you, explain why they owe it, provide the date or time period, and show how you calculated the amount. Do not include court costs or service fees in the amount claimed.
Check the box that you need more space and attach one sheet of paper or form MC-031. Write “SC-120, Item 3” at the top of the attachment.
The form says you “may” ask the plaintiff to pay before you sue, so it is not required. Item 4 simply asks whether you have already tried to request payment.
If your claim is about an attorney-client fee dispute and you have had arbitration, you must fill out form SC-101, attach it to SC-120, and check the box in item 5. This documents the arbitration requirement for certain fee disputes.
If you are suing a public entity, you must first file a written claim with that public entity before filing SC-120. You must provide the date the claim was filed, and you can file in court if the entity denies the claim or does not respond within the legal time limit.
After completing the form, make copies of all pages: one copy for each party named in the case plus one extra copy for yourself. File (or mail) the original and the copies with the court clerk and pay the filing fee (or request a fee waiver).
Someone at least 18 years old—who is not you and not anyone else listed in the case—must deliver a court-stamped copy of all 3 pages (and any required attachments) to each plaintiff. Special service rules may apply for public entities, associations, and some businesses (see forms SC-104, SC-104B, and SC-104C).
No. The form states that by filing a claim in small claims court, you have no right to appeal your claim.
You can ask the court to waive filing fees and service-related fees if you do not have enough money. The form notes this option, and you would submit a fee waiver request to the court.
Item 7 asks whether you have filed more than 12 other small claims in California in the last 12 months; if yes, the filing fee will be higher. Item 10 states you cannot file more than two small claims cases over $2,500 in California during the same calendar year.
After you file, the clerk fills in the hearing date, time, department, and court address (if different) in the “Order to Go to Court” section. You must appear on that date and bring witnesses, receipts, and any evidence supporting your claim.
Yes. The form states assistive listening systems, real-time captioning, or sign language interpreter services are available if you ask at least five days before trial, using form MC-410 or by contacting the clerk’s office.
Compliance SC-120
Validation Checks by Instafill.ai
1
Court Venue (County) Must Be Provided
Validates that the 'Superior Court of California, County of' field is completed with a recognized California county name. This is required to route the filing to the correct court and ensure the clerk can process and schedule the matter. If missing or not a valid county, the submission should be rejected or flagged for correction before filing.
2
Case Number Presence and Format (If Already Assigned)
Checks whether a case number is required in the submission context (e.g., if this is a defendant’s claim in an existing case) and, if provided, that it matches the court’s expected case number pattern for small claims. This prevents misfiling into the wrong case and avoids docketing errors. If the case number is missing when required or malformed, the system should block submission or require user confirmation and correction.
3
Hearing Date/Time and Department Must Be Complete When Clerk Section Is Populated
Validates that if any part of the 'Order to Go to Court' hearing section is entered (Hearing Date, DateTime, Department, or alternate court address), all required scheduling fields are present and in valid formats. Partial scheduling data can cause missed hearings and defective notices. If incomplete or invalid, the system should prevent finalization of the clerk section and flag the record for clerk review.
4
Plaintiff Identity Completeness (At Least One Plaintiff)
Ensures at least one plaintiff is listed with a non-empty name and at least one usable address (street, city, state, ZIP) for service and notice. Small claims filings require clear identification of the opposing party to ensure due process. If the plaintiff name or address is missing, the submission should fail validation because service cannot be completed.
5
Defendant Identity Completeness (At Least One Defendant/Claimant)
Ensures at least one defendant (the party filing this defendant’s claim) is listed with a non-empty name and at least one usable address (street, city, state, ZIP). This is necessary for court records, correspondence, and to confirm who is asserting the claim. If missing, the form is not legally actionable and should be rejected until completed.
6
Phone Number Format Validation (All Phone Fields)
Validates that any phone number provided for plaintiffs or defendants conforms to an acceptable format (e.g., 10-digit US number with optional punctuation and optional country code +1). While a phone number may not always be strictly required, invalid numbers reduce the court’s and parties’ ability to contact each other and can delay resolution. If a phone number is present but invalid, the system should require correction or allow omission if the field is optional per filing rules.
7
Address Field Structure and ZIP Code Validation
Checks that each entered address includes street, city, state, and ZIP, and that the state is a valid US state/territory abbreviation (typically 'CA' for California filings) and ZIP is 5 digits (or ZIP+4 in #####-#### format). Correct addresses are essential for service of process and mailed notices. If any required address component is missing or ZIP/state is invalid, the submission should be blocked or flagged as not serviceable.
8
SC-120A Attachment Required When More Than Two Plaintiffs/Defendants
Validates that if the filer indicates more than two plaintiffs or more than two defendants (by checking the relevant box), an SC-120A attachment is included. This ensures all parties are properly named and receive notice, which is critical for jurisdiction and enforceability. If the box is checked but the attachment is missing, the system should fail validation and prompt for the required attachment.
9
Fictitious Business Name (DBA) Requires SC-103 Attachment
Checks that if the filer indicates a defendant is doing business under a fictitious name (DBA), form SC-103 is attached. This is important to correctly identify the legal entity and avoid enforcement problems or improper service. If the DBA box is checked without SC-103, the submission should be rejected or held as incomplete.
10
Claim Amount Must Be Present, Numeric, and Non-Negative
Validates that the amount in 'The Defendant claims the Plaintiff owes $' is provided and is a valid currency number (e.g., digits with optional cents) and greater than or equal to zero. The court needs a definite demand amount to determine filing fees, jurisdictional limits, and judgment scope. If missing, non-numeric, or negative, the system should block submission and request correction.
11
Claim Explanation Required and Must Not Be Blank (Item 3a and 3c)
Ensures the filer provides a substantive explanation for why money is owed (3a) and how the amount was calculated (3c), not just placeholders like 'N/A' or a single character. These statements are necessary for the opposing party to understand the basis of the claim and for the court to evaluate it. If either section is empty or clearly non-substantive, the submission should be flagged and require additional detail.
12
Incident Date or Date Range Must Be Valid and Logically Consistent (Item 3b)
Validates that either a specific date is provided or a date range is provided with both start and through dates, using a valid date format. If a range is used, the start date must be on or before the through date, and dates should not be in the future unless the claim type reasonably allows it. If dates are missing, malformed, or inconsistent, the system should require correction to avoid ambiguity and scheduling/limitations issues.
13
Public Entity Claim Filing Date Required When Suing a Public Entity (Item 6)
Checks that if 'Are you suing a public entity?' is marked Yes, the 'A claim was filed on (date)' field is completed with a valid date. California law generally requires a pre-suit administrative claim against public entities, and the filing date is key to determining timeliness and eligibility. If Yes is selected but the date is missing/invalid, the submission should be blocked or flagged as legally deficient.
14
Attorney-Client Fee Dispute Arbitration Attachment (SC-101) When Applicable (Item 5)
Validates that if the claim is about an attorney-client fee dispute and the filer indicates arbitration has occurred (and checks the attachment box), form SC-101 is attached. This supports compliance with required fee arbitration procedures and provides the court necessary documentation. If the arbitration/attachment indicator is selected but SC-101 is not included, the system should fail validation and request the attachment.
15
Yes/No Fields Must Have Exactly One Selection (Items 4–7)
Ensures each Yes/No question (asking plaintiff to pay, attorney-client fee dispute, suing a public entity, and more than 12 small claims filed) has exactly one response selected. Missing or double-selected answers create ambiguity and can affect fees, prerequisites, and court processing. If any of these fields are unanswered or have conflicting selections, the submission should be rejected until corrected.
16
Signature and Declaration Date Required for Each Listed Defendant Signer
Validates that the declaration section includes a date and a signature (or compliant e-signature) for the first defendant, and for the second defendant if a second defendant is listed. The declaration under penalty of perjury is essential for the filing’s validity and accountability. If a required signature or date is missing, the system should prevent submission as the form is not properly executed.
Common Mistakes in Completing SC-120
People often assume the clerk will fill in all header information, but only the hearing details are clerk-filled—your court location and case identifiers must match the existing small claims case. Missing or incorrect county/case number can cause the filing to be rejected, misfiled, or not linked to the correct lawsuit. Copy the case number and case name exactly from the plaintiff’s SC-100 (or the court’s notice) and use the same Superior Court county where the case is already filed.
This form is a defendant’s claim (a counterclaim), so the “plaintiff” is the party who sued first and the “defendant” is the party suing now. A common error is listing yourself as the plaintiff because you are making a claim, which flips the parties and creates service and notice problems. This can lead to delays, incorrect service, or dismissal of the defendant’s claim. Use the original lawsuit to identify the plaintiff(s) and defendant(s), and enter them in Items 1 and 2 exactly as they appear in the existing case.
Filers frequently use nicknames, shortened business names, or a store name instead of the legal entity that must be sued/served. If the wrong legal name is used, you may win but have trouble enforcing the judgment, or the court may find you sued the wrong party. Verify the exact legal name from contracts, invoices, the Secretary of State business search, or the public entity’s official name. If a business is involved, specify whether it is an individual, sole proprietorship, LLC, corporation, or public entity and keep the naming consistent across all pages and attachments.
Because the form only provides space for up to two plaintiffs and two defendants, people often squeeze extra parties into margins or omit them entirely. Missing parties can prevent the court from hearing the claim against everyone involved and can create service defects. If there are more than two plaintiffs or more than two defendants, check the appropriate box and attach form SC-120A, listing each additional party with full contact information.
Many small businesses operate under a DBA, and filers often list only the business name without indicating it is a fictitious name. This can make it harder to identify the responsible person/entity and can complicate service and collection. If either defendant is doing business under a fictitious name, check the DBA box in Item 2 and attach form SC-103 so the court and the other side can clearly identify who is responsible.
People commonly leave out apartment/unit numbers, use old mailing addresses, or provide a P.O. box when a street address is needed for service. Bad addresses lead to failed service, continuances, or the claim being dismissed because the other side was not properly notified. Provide a complete street address (and a separate mailing address if different), include city/state/ZIP, and double-check phone numbers for each listed party.
A frequent mistake is writing only a conclusion (e.g., “they owe me $3,000”) without explaining why, when it happened, and how the amount was computed. The court needs a simple, factual story and a math breakdown; vague statements weaken credibility and can result in a reduced award or loss. In Item 3, explain the reason for the debt, provide a specific date or a start/end time period, and show the calculation (e.g., invoices, hours × rate, repair estimates), excluding court costs and service fees as instructed.
Item 3(c) specifically says not to include court costs or fees for service, but many filers add them into the requested amount anyway. This can cause confusion at the hearing and may lead the judge to question the accuracy of the claim or require you to restate the amount. List only the underlying damages in the claim amount and be prepared to request allowable costs separately at judgment, if the court awards them.
Filers often check “Yes” to an attorney-client fee dispute but forget to attach SC-101 (if arbitration applies), or they sue a public entity without documenting the required pre-filing claim and date. These omissions can lead to dismissal or a finding that the claim is not properly before small claims court. If you need more room for Item 3, attach one sheet or MC-031 and label it exactly “SC-120, Item 3”; if suing a public entity, confirm and record the claim filing date and ensure the prerequisite claim process was completed.
People sometimes guess or overlook these limits, especially frequent filers or those who filed in different counties. Incorrect answers can result in higher fees, court scrutiny, or sanctions, and can undermine credibility because the form is signed under penalty of perjury. Review your filing history in California small claims for the relevant time periods and answer Items 7 and 10 truthfully; if you are unsure, check your records before signing.
A common last-step error is leaving the signature or date blank, typing a name without signing, or having someone else sign for the defendant. An unsigned form is typically rejected or treated as incomplete, delaying the case and potentially affecting deadlines. The defendant (and second defendant, if applicable) must print/type their name, sign, and date the form in Item 10, ensuring the signer is the actual party making the claim.
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