What to Do If You Are Sued in Small Claims Court

Do not ignore the summons

Read the summons and follow the response and hearing instructions. Missing a deadline or hearing can lead to a default judgment. Requirements and possible remedies vary, so contact the court promptly if anything is unclear.

Understand the claim against you

Read the complaint carefully. What exactly is the plaintiff claiming? What evidence do they likely have? Is the claim accurate? Are there any defenses available to you? Consider whether you owe the money, whether the amount is correct, and whether there are any procedural defects in how you were served.

File a counterclaim if appropriate

If you believe the plaintiff owes you money, ask the court whether you can file a counterclaim and what limits, forms, service requirements, and deadlines apply. For example, a dispute with a contractor may involve claims about both unpaid work and its quality.

Gather your evidence

Collect all documents that support your defense: contracts, receipts, photos, communications, and any other evidence that contradicts the plaintiff's claims. Organize your evidence chronologically and be prepared to present it clearly at the hearing.

Consider settling before the hearing

A settlement may avoid a hearing. If you reach an agreement, consider putting its terms in writing. Ask the court how a settlement should be reported and whether any further filing is required.