What do these papers mean?

Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt)(form SC-500)

If you received a Plaintiff’s Claim and ORDER to Go to Small Claims Court (COVID-19 Rental Debt) (form SC-500), your landlord is suing you for COVID-19 rental debt in small claims court. The court set a date to hear from you and your landlord (a trial) before it makes a decision.

Highlight of Form SC-500 showing Order to Go to Court

Trial date and time

The date, time, and location are on the first page.

If you can't go to court on the day and time listed, you can ask the court to change the court date. Fill out and file Request to Postpone Trial (form SC-150). There's a $10.00 fee to change the court date.
Highlight of Form SC-500 showing Plaintiff

Who's suing you

Your landlord's name is listed on page 2. If your landlord is a business, then an employee, like the property manager, may be the person who shows up in court.

Highlight of Form SC-100 showing money owed

How much money is your landlord asking for?

Item 3 lists the amount of COVID-19 rental debt your landlord is suing you for. Item 4 lists what your landlord has already been paid.

 

COVID-19 rental debt is rent and other payments required under the rental agreement, like utilities or parking fees, that came due between March 1, 2020 and September 30, 2021.

What you can do

Agree with the other side

If you can work with your landlord (and there is no restraining order involved), you may be able to agree on your own without going to court.

Go to your court date

If you disagree with all or some of what your landlord is saying or you have some other defense, you can go to the court date and give your side of the story. For example, you can explain if the amount your landlord is asking for is wrong. There isn't a form to file to respond. You can just show up on the court date. You can ask a lawyer for advice before your court date, but you can't have a lawyer in court (nor can your landlord).

Sue the other side back and go to the court date

If you think your landlord owes you money (for example, they owe you money from your security deposit), you can fill out, file, and serve a Defendant’s Claim and ORDER to Go to Small Claims Court (form SC-120). Then you can go to the court date and give your side of the story. If you can’t afford the filing fee, you can ask for a fee waiver.

Choose not to show up in court

If you were given the forms (served) correctly and don’t go to the court date, the judge will decide without your input. You'll probably lose the case and owe your landlord money. 

Consider getting help. 

This website has information to walk you through the basic process, but you may need more help. If so, you can start with the Small Claims Advisor, a free program. A Small Claims Advisor can explain other options, like what to do if you think you weren't served properly or your landlord is suing you in the wrong county.

 

Explore your options

What's next?

Once you decide if and how you’re going to react to the other side’s papers, go to the step-by-step instructions. 

Keep in mind that you may have to do something quickly. If you’re going to file a Defendant’s Claim, there's a deadline you'll need to meet.