How to Answer to Small Claims Court

To answer a lawsuit in small claims, you must admit or deny each allegation of the complaint.

You're being sued. Now what? You'll definitely want to answer in a timely fashion. Otherwise you're giving the court power to enter a default judgment against you in favor of the person suing you. Besides gaining a longstanding negative credit rating, you're automatically placing your income, property and assets in jeopardy of liens, attachments, seizures and garnishment without the court ever hearing your side of the story.

Instructions

1. 

   Carefullly review the documents contained in the lawsuit.

   Review the complaint and decide how you wish to respond to the lawsuit.

   You must either admit or deny each and every point of the complaint. In addition, if you think the plaintiff owes you something, file a countersuit. Or if the plaintiff owes you money that should be subtracted from the amount of damages desired by the plaintiff, file a setoff.

2. 

   Admit allegations you agree with in a lawsuit and deny all others.

   Write your answer to the plaintiff's allegations.

   Your answer and side of the story come in the form of admitting or denying each allegation of the plaintiff's complaint. Nothing more or less, you simply "admit" or "deny" each point. Your local county court may provide a generic form.

3. File your answer in the same court in which you're being sued.

   Take your answer along with your countersuit or setoff, if applicable, to the county court in which you were sued and file the document with the court.

4. 

   Send the plaintiff your answer to the lawsuit.

   Send your answer to the person suing you.

   After you've filed your answer, send it along with other applicable documents to the plaintiff. In most cases, you can send your answer to the plaintiff through normal mail service. Check with your county clerk for specific rules.

5. 

   The judge decides the case at trial.

   Appear in court on the date set by the court.

   On the trial date the judge hears both sides of the story and makes the final decision on the case.

Tips & Warnings

• If you're countersuing or offsetting the plaintiff your countersuit or offset must be filed when you file the answer.

• Review examples of answers by reviewing public records at your local courthouse or through online sources.

• Contact your local small claims court for specific rules in your area.

• If the amount of a counterclaim is over the amount designated by the small claims court in your county you'll have to transfer the case to civil court.

References

• County of Santa Clara Self Service Center