#2 of Small Claims Series: Defendant’s Claim

Restored from the Empower Network archive (2011–2017), lightly edited to meet our current advertising standards. Views are the original author’s.

#2 of Small Claims Series:  Defendant’s Claim

From the first video on the Plaintiff’s Claim, I wanted to make sure you know that the process is the same.  You can go back to that video here and in the description you will find the links to help sits and the blog post. http://www.youtube.com/watch?v=Iy0s6M6byEo

This video lays out the basics of a Defendant’s Claim:

If you feel that the Plaintiff filed the claim in the wrong court you will need to follow the instructions for a Venue Challenge.

Basic outline on a Defendant’s Claim:

A Defendant’s Claim is what most people would consider a cross complaint or to counter sue in Civil Law to be.

A Defendant’s Claim needs to be filed in a timely manner.  What I mean by this is – when you are served with a Plaintiff’s Claim and Order, you have only a few days in order to file and serve your claim.  (Be sure to read the Plaintiff’s Claim for your guidelines on this)

When you have more than one Plaintiff, you will need to serve all of them, even if it is a husband and wife, they are individuals in the eyes of the Court.

Steps on filing a Defendant’s Claim:

1. Read through the Plaintiff’s Claim you were served with.
2. If you feel that the Plaintiff (s) owe you money on the same issue, get the paper work on filing your Defendant’s Claim.
3. Fill out the filing forms by either printing clearly, typing, or on a computer and print out the Defendant’s Claim form (SC-120). Make sure all the parties stay the same, no addition or subtraction.
4. Make at least one copy.
5. Take the Original and copy to the Court that the suite was filled in. (you should be able to file via fax)
6. If you are unable to pay for the filling, ask for a Fee Waiver and file it with your Claim.
7. Have all of the Plaintiff’s served with a copy of your Claim.
8. Make sure the Court receives an original Proof of Service for each Plaintiff.
9. Be in the Court room on time, with all evidence and witnesses’.
10. Your Notice to Entry of Judgment will be mailed to you, so make sure the Clerk has your proper address, if it is not already on the Plaintiff’s Claim.

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