Getting sued in Small Claims Court
If someone sues in you small claims court, you should get a Notice of Small Claim and have an opportunity to go to court and defend yourself. You may be able to bring a counterclaim against the person suing you if they owe you money. You also may be able to settle out of court. (Forms and instructions)
1. Fast facts
Why did I get a Notice of Small Claim?
If someone sues you in Small Claims Court, you’ll receive a Notice of Small Claim form from them.
You may receive the Notice of Small Claim form by mail or hand delivery. You may have already received a demand letter from the person suing you (the other party), claiming you owe them money.
Do I have to respond or go to court?
Yes, you should both respond and, if you can’t settle the matter, go to court for the trial. The Notice of Small Claim should state the date and time of the Small Claim Court trial. If you don’t show up at the trial, you may lose automatically (by default). The other party may win a default money judgment against you and try to collect money from you by garnishing your wages or your paycheck.
If you get the Notice of Small Claim by mail, you should receive it at least 13 days before the trial date. If you get the Notice by hand delivery (in person), you should receive it at least 10 days before the trial date.
If you receive the Notice with fewer than 13 days (by mail) or 10 days (by hand delivery), contact the court clerk immediately. Tell the court clerk when you got the notice and ask for a later trial date.
If you don’t get a new notice with a new trial date, you should go to the original trial date anyway. At the trial, you may explain to the judge that you didn’t get enough time to prepare for the trial because the other party didn’t serve you properly. The judge may set a new trial date or dismiss the case.