Yes! You can use AI to fill out SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court (Small Claims)
Form SC-120 is a mandatory Judicial Council of California small claims form used when a defendant in a small claims case wants to sue the plaintiff in the same matter (a defendant’s claim/counterclaim). It identifies the parties, states the amount the defendant claims is owed, and explains the basis and timing of the claim. Once filed, the clerk issues the “Order to Go to Court,” which sets the hearing date and notifies the parties that they must appear. Proper filing and service of the court-stamped form are essential because missing deadlines or service requirements can result in losing the claim or delaying the case.
Our AI automatically handles information lookup, data retrieval, formatting, and form filling.
It takes less than a minute to fill out SC-120 using our AI form filling.
Securely upload your data. Information is encrypted in transit and deleted immediately after the form is filled out.
Form specifications
| Form name: | 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 |
Instafill Demo: filling out a legal form in seconds
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 Superior Court county, court address, and the existing small claims case number and case name from the plaintiff’s filing.
- 2 List all plaintiffs (the parties who sued first) with names, phone numbers, and addresses; indicate if there are additional plaintiffs and attach SC-120A if needed, and note any active military duty if applicable.
- 3 List all defendants (the parties filing the defendant’s claim) with names, phone numbers, and addresses; attach SC-120A for additional defendants and attach SC-103 if any defendant is doing business under a fictitious name.
- 4 Complete Item 3 by stating the dollar amount claimed and explaining why the plaintiff owes money, when it happened (date or time period), and how the amount was calculated; attach MC-031 or an extra sheet labeled “SC-120, Item 3” if more space is needed.
- 5 Answer the eligibility and disclosure questions (Items 4–10), including attorney-client fee dispute/arbitration (attach SC-101 if required), public entity claim prerequisites, and limits on number/size of small claims filings.
- 6 Sign and date the declaration under penalty of perjury for each defendant who is filing the claim, then generate copies (one for each party plus one for your records).
- 7 File the original and copies with the court clerk and pay the filing fee (or request a fee waiver if eligible); after the clerk stamps and sets the hearing, arrange for a qualified adult (not a party) to serve each plaintiff with the court-stamped SC-120 and any attachments, then attend the hearing with evidence and witnesses.
Our AI-powered system ensures each field is filled out correctly, reducing errors and saving you time.
Why Choose Instafill.ai for Your Fillable SC-120 Form?
Speed
Complete your SC-120 in as little as 37 seconds.
Up-to-Date
Always use the latest 2026 SC-120 form version.
Cost-effective
No need to hire expensive lawyers.
Accuracy
Our AI performs 10 compliance checks to ensure your form is error-free.
Security
Your personal information is protected with bank-level encryption.
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 in that same case. It also results in a court order setting a hearing date for both sides to appear.
You should fill it out if you were sued in small claims court (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.
No. SC-120 is a defendant’s claim (similar to a counterclaim), not a written “answer” like in other civil cases. In small claims, you generally respond by showing up to the hearing and presenting your evidence, and you may also file SC-120 if you want the court to award you money from the plaintiff.
File the original and copies with the small claims clerk at the Superior Court listed on the form and pay the filing fee (or request a fee waiver). The clerk will stamp the form and fill in the trial date, time, and department in the “Order to Go to Court” section.
Make 1 copy for each party named in the case plus one extra copy for yourself, in addition to the original you file with the court. The court-stamped copies are what you will serve on each plaintiff.
Yes. Someone who is at least 18 years old—and not you or anyone else listed in the case—must deliver (“serve”) a court-stamped copy of all pages of SC-120 and any required attachments to each plaintiff.
No. The form instructions state the server must be at least 18 and cannot be you or anyone else listed in the case. Use a friend, relative (not a party), professional process server, or other eligible adult.
List each party’s name, phone number, and street address, plus a mailing address if different. If there are more than two plaintiffs or more than two defendants, check the box and attach form SC-120A.
If either defendant is doing business under a fictitious name, check the box in Item 2 and attach form SC-103. This helps properly identify the business name connected to the claim.
Enter the dollar amount you believe the plaintiff owes you and explain why, when it happened (date or time period), and how you calculated the amount. Do not include court costs or service fees in the amount claimed.
Check the box indicating 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.
You are allowed to ask the plaintiff to pay before you sue, but the form asks whether you have done so. Answer “Yes” or “No” truthfully; it does not say you must ask first in every case.
If your claim is about an attorney-client fee dispute and you have had arbitration, you must complete form SC-101, attach it to SC-120, and check the box in Item 5. This documents the required arbitration step for certain fee disputes.
If you are suing a public entity, you generally must first file a written claim with that entity before filing in court. On SC-120 you must indicate 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.
Item 7 asks whether you have filed more than 12 other small claims in California in the last 12 months, which can increase the filing fee. Item 8 states you understand you have no right to appeal your own small claims filing, and Item 10 confirms you have not filed (and cannot file) more than two small claims over $2,500 in California during the calendar year.
You can ask the court to waive filing fees and certain service costs if you qualify. Item 9 is a reminder that fee waivers are available through the court.
Yes. The form states assistive listening systems, real-time captioning, or a sign language interpreter may be available if you ask at least five days before trial. Contact the clerk or use form MC-410 to request accommodations.
Compliance SC-120
Validation Checks by Instafill.ai
1
Court County, Court Address, and Venue Fields Completed
Validates that the Superior Court county name is provided and that the court street address section is completed when required by the filing workflow. This is important because the court location determines venue, filing routing, and the correct clerk/department assignment. If missing or invalid, the submission should be rejected or routed to a manual review queue to prevent misfiled cases.
2
Case Number Format and Presence (If Assigned)
Checks whether a case number is present only when it should be (e.g., for an existing case) and that it matches the court’s expected format (often alphanumeric with separators). This prevents mismatching the defendant’s claim to the wrong case or creating duplicate records. If the case number is missing when required or malformed, the system should block submission or require correction before filing.
3
Hearing Date/Time, Department, and Court Location Consistency (Clerk Section)
Validates that if the hearing date/time is populated, it is a valid date-time and the department field is present and within allowed values for that courthouse. It also checks that the “Name and address of court if different from above” is completed when the hearing location differs from the main court address. If inconsistent or invalid, the form should be flagged because it can cause improper notice and missed appearances.
4
Plaintiff Identity Completeness (Name + Contact + Address)
Ensures each listed plaintiff has a name and at least one reliable contact method (phone) and a complete service address (street, city, state, ZIP). This is critical for service of process and for the court to identify the parties accurately. If any required identity/address components are missing, the submission should fail validation and prompt the filer to complete the missing fields.
5
Defendant Identity Completeness (Name + Contact + Address)
Ensures each defendant listed in section 2 includes a full name and a complete address (street, city, state, ZIP), and validates that a phone number is provided if the form requires it in the implementation. Accurate defendant information is necessary for service and for matching parties to existing court records. If incomplete, the system should prevent filing or require a correction workflow.
6
Phone Number Format Validation (Plaintiff/Defendant)
Validates that all phone numbers entered follow an acceptable format (e.g., 10-digit US numbers with optional punctuation, and optional extension in a defined pattern). This reduces failed contact attempts and improves data quality for notices and scheduling communications. If a phone number is present but invalid, the system should require correction or allow omission only if phone is not mandatory per business rules.
7
Address Field Structure and ZIP Code Validation
Checks that addresses are split into required components (street, city, state, ZIP) and that state is a valid US state/territory abbreviation (e.g., CA) and ZIP is 5 digits (or ZIP+4 if allowed). This is important for mail delivery, service, and geocoding/venue checks. If validation fails, the system should block submission or request corrected address formatting.
8
Multiple Parties Attachment Requirement (SC-120A) Trigger
Validates that if the filer indicates more than two plaintiffs or more than two defendants, the corresponding checkbox is selected and an SC-120A attachment is included. This ensures all parties are properly captured and served and prevents incomplete party lists. If the checkbox is selected without an attachment (or vice versa), the system should flag the submission as incomplete.
9
Active Military Duty Disclosure Requires Name
If the filer checks that any plaintiff is on active military duty, this validation requires the name of the active-duty plaintiff to be provided. This matters because military status can affect procedural protections and scheduling. If the checkbox is checked but no name is supplied, the system should require correction before acceptance.
10
Fictitious Business Name (DBA) Disclosure Requires SC-103 Attachment
If the filer indicates a defendant is doing business under a fictitious name, the system must require attachment of form SC-103. This is important to properly identify the business entity and ensure enforceability and correct service. If the DBA box is checked without the SC-103 attachment, the submission should fail validation.
11
Claim Amount Must Be Numeric, Positive, and Within Small Claims Limits
Validates that the amount in section 3 is a numeric currency value (no letters), greater than $0, and within applicable small claims limits for the filer type (individual vs. business, as configured by jurisdiction rules). This prevents filings that the court cannot hear or that require a different case type. If the amount is invalid or exceeds limits, the system should block submission and instruct the filer to adjust or choose the correct court process.
12
Claim Explanation Completeness (Why Owed + Calculation Narrative)
Ensures section 3(a) (why money is owed) and 3(c) (how the amount was calculated) contain substantive text and are not left blank or filled with placeholders (e.g., “N/A” only). This is important because the court and opposing party must understand the basis and computation of the claim. If insufficient, the system should require additional detail or an attachment (MC-031) before filing.
13
Incident Date vs. Date Range Logic (Mutually Exclusive and Ordered)
Validates section 3(b) so that either a single specific date is provided or a date range is provided, and not both unless explicitly allowed by policy. If a range is used, it checks that “Date started” is on or before “Through,” and that all dates are valid calendar dates. If the dates are missing or illogical, the system should reject the submission to avoid ambiguity and statute-of-limitations issues.
14
Public Entity Claim Prerequisite Date Required When Suing a Public Entity
If section 6 indicates the defendant is suing a public entity, the system requires the “A claim was filed on (date)” field to be completed with a valid date. This is critical because government claim presentation is often a prerequisite to suit and affects court jurisdiction. If the public-entity box is checked but the claim-filed date is missing/invalid, the submission should be blocked or routed for manual review with a clear error message.
15
Attorney-Client Fee Dispute Arbitration Attachment (SC-101) When Applicable
If section 5 indicates the claim is about an attorney-client fee dispute and the filer indicates arbitration has occurred, the system must require form SC-101 to be attached and the related checkbox to be checked. This ensures compliance with mandatory fee arbitration procedures where applicable. If the condition is met but SC-101 is not attached, the filing should fail validation.
16
Signature, Printed Name, and Date Required for Each Signing Defendant
Validates that each defendant who is listed and intends to assert the claim has provided a printed/typed name, a signature (electronic or captured), and a signature date. This is essential because the declaration is under penalty of perjury and unsigned forms are typically not fileable. If any required signature element is missing, the system should prevent submission and prompt completion.
Common Mistakes in Completing SC-120
People often start filling out pages 2–3 and forget the caption information (county, court address, case number, case name) because some of it is clerk-completed and some is not. Missing or inconsistent caption details can cause the clerk to reject the filing, misfile it under the wrong case, or delay setting a hearing date. Copy the case number and case name exactly as they appear on the plaintiff’s original small claims paperwork, and confirm the correct Superior Court county and address before filing.
This form is a defendant’s claim (a counterclaim), so Item 1 is the original plaintiff (the party who sued first) and Item 2 is the defendant who is now suing back. A very common error is listing yourself again as the “plaintiff” in Item 1 or swapping the parties, which can lead to incorrect service, confusion at trial, or the claim being processed against the wrong party. Use the original case documents to identify who sued first (plaintiff) and then list the counterclaiming party as the defendant in Item 2.
Filers frequently enter nicknames, partial business names, or omit phone numbers and full addresses because they assume the court already has the information from the original case. Incomplete identification can make service invalid, make it hard to enforce a judgment, or cause the wrong person/business to be named. Use full legal names (including “Inc.,” “LLC,” etc.), include a reliable phone number, and provide complete street addresses with city, state, and ZIP for each party.
People often list only a mailing address (or a P.O. box) and leave the street address line incomplete, especially for businesses. Service of court papers typically requires a valid physical address, and an incorrect address can result in failed service and postponements or dismissal. Provide a complete street address for each party and use the “Mailing address (if different)” line only when you truly receive mail somewhere else.
When there are multiple plaintiffs or defendants, filers sometimes squeeze extra names into margins or attach an unlabeled page instead of checking the box and attaching form SC-120A. This can cause the clerk to reject the filing or result in parties not being officially included (and therefore not served or bound by the judgment). If there are more than two plaintiffs or more than two defendants, check the appropriate box and attach SC-120A with complete information for each additional party.
A common misunderstanding is suing a business under a “doing business as” name without identifying the legal owner, or checking the DBA box but not attaching SC-103. This can lead to service problems and can make a judgment difficult to collect because the judgment may not clearly identify the legally responsible party. If either defendant is doing business under a fictitious name, check the box and attach SC-103 so the court record properly links the DBA to the legal person/entity.
Many people write only a conclusion (e.g., “They owe me $3,000”) and skip the facts and math, or they include emotional narrative without showing how the number was computed. Without a clear basis and calculation, the claim may be harder to understand, easier to dispute, and less persuasive at trial. Briefly explain what happened, list the components of the amount (dates, invoices, payments, damages), and show the arithmetic in Item 3c.
Because people want to recover everything they spent, they often add filing fees, service costs, and other court costs into the dollar amount in Item 3. The form specifically says not to include court costs or fees for service in the calculation, and including them can create confusion or require correction. Put only the underlying damages/amount owed in Item 3, and ask for allowable costs separately at judgment/trial as the court permits.
Filers frequently omit the date, provide an estimate without a time range, or list dates that conflict with their explanation and documents. Unclear timing can raise statute-of-limitations issues, make the claim harder to evaluate, and weaken credibility. If there is a specific date, enter it; if not, provide a clear start and end date for the time period and make sure it matches your receipts, messages, invoices, or other evidence.
People often check “Yes” for an attorney-client fee dispute but forget to attach SC-101 (when arbitration applies), or they sue a public entity without first filing an administrative claim and documenting the claim date. These omissions can lead to dismissal, delays, or the court finding the claim is not properly before small claims. Read Items 5 and 6 carefully, attach SC-101 when required, and for public entities confirm you filed the required written claim and enter the filing date accurately.
It’s common to type/print names but forget to sign, to leave the date blank, or to have only one of two defendants sign when both are making the claim. Unsigned forms can be rejected by the clerk or treated as incomplete, delaying the hearing and service. Ensure each defendant listed as making the claim prints their name, signs, and dates the form in the declaration area before copying and filing.
Saved over 80 hours a year
“I was never sure if my IRS forms like W-9 were filled correctly. Now, I can complete the forms accurately without any external help.”
Kevin Martin Green
Your data stays secure with advanced protection from Instafill and our subprocessors
Robust compliance program
Transparent business model
You’re not the product. You always know where your data is and what it is processed for.
ISO 27001, HIPAA, and GDPR
Our subprocesses adhere to multiple compliance standards, including but not limited to ISO 27001, HIPAA, and GDPR.
Security & privacy by design
We consider security and privacy from the initial design phase of any new service or functionality. It’s not an afterthought, it’s built-in, including support for two-factor authentication (2FA) to further protect your account.
Fill out SC-120 with Instafill.ai
Worried about filling PDFs wrong? Instafill securely fills sc-120-defendants-claim-and-order-to-go-to-small-c forms, ensuring each field is accurate.
