What to Do If You Are Sued in Small Claims Court

Do not ignore the summons

If you receive a small claims summons, you must respond. Ignoring it will result in a default judgment against you — the plaintiff wins automatically without presenting any evidence. A default judgment can be used to garnish your wages and bank accounts.

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 have a claim against the plaintiff arising from the same transaction or occurrence, you can file a counterclaim. For example, if a contractor is suing you for unpaid work, you might counterclaim for defective workmanship. Filing a counterclaim shifts the dynamic and may result in a net judgment in your favor.

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

If you owe some or all of the money, settling before the hearing can save you time, stress, and potentially additional costs. Contact the plaintiff and see if you can reach an agreement. Get any settlement in writing and make sure the plaintiff files a dismissal with the court.