Defendant's Claim and ORDER to Go to Small Claims Court
California · Judicial Council of California · Effective July 1, 2025
This form is used by a person who is being sued in Small Claims Court to file their own claim against the person who sued them. It asks the court for an order to proceed with the case in Small Claims Court.
The court describes it as: Sue the person or business suing you in Small Claims court.
Where this fits in a case
JudgmentStage: Judgment
This form is used when a defendant wants to sue the person who initially sued them within the Small Claims Court system.
Either party may file.
Official instructions
How-to guides published by the court for this form.
Common questions
- What is this form for?
- This form allows a defendant to file a claim against the person who originally sued them in Small Claims Court.
- Who needs to fill this out?
- The defendant fills out the claim section, and the form also includes an order section that the clerk fills out.
- Do I need to pay a fee?
- The instructions mention paying the filing fee when submitting the original and copies of the form to the court clerk's office.
Revision history
No changes recorded since we started tracking this form on October 9, 2026. The current version took effect July 1, 2025.
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