Before you start
Usually, you must file and serve your Defendant's Claim at least 5 days before your court date.
But, if you were served with the Plaintiff's Claim (form SC-100) 10 days or less before your court date, you only need to file and serve your Defendant's Claim at least 1 day before your court date.
How to file your Defendant's Claim with the court
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Take your forms to the clerk and pay fee
Take your forms to the small claims filing clerk.
You’ll need to pay a fee of $30-$100 to the clerk when you file your form.
- $30 if you're suing for less than $1,500
- $50 if your suing for between $1,500 and $5,000
- $75 if you're suing for between $5,000 and $10,000
If you've filed more than 12 small claims cases in the past 12 months, your fee is $100.
If you can’t afford the fee, you can ask the clerk for a fee waiver. You qualify for a fee waiver if:
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You receive public benefits
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Your income is less than a set amount
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You can’t afford the fee and meet your basic needs
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Get forms back from clerk
The court will keep the original and return the copies to you. One is for you, the other(s) for the other side.
Yes, you can file by mail. Mail the original and 2 copies to the clerk. You need to include the filing fee (or a fee waiver request form) and a self-addressed stamped envelope so the clerk can mail your copies back to you. If you do not include a self-addressed stamped envelope you will have to go to the courthouse to pick up your copies.
Some courts allow online filing. You can find out if your court has online filing by visiting your court’s website.
Small claims
What's next
Once you’ve filed the form, the next step is to deliver the form with the other side. You need to follow a specific process to do this called service.