Being sued in small claims court?

Do not ignore the papers. Here is what to do, in order, and how to walk into the hearing with your side written down. You can prepare your response and a script for the judge in about ten minutes for $29.

Prepare your defense before the deadline

Answer a few questions about the claim and your side. You get a written answer (where your state requires one) or a defense statement to bring to the hearing, a counterclaim check with your state’s deadline, an evidence checklist and a script for the judge, for $29.

Prepare My Defense

What to do when you are served

  1. Find the two dates on your papers. The hearing or appearance date, and, in some states, a deadline to file a written answer that runs from the day you were served.
  2. Check whether your state requires a written answer. Look up your state’s rule: it is free and shows the citation. Verified rules are on file for 44 of 51 jurisdictions; for the rest, ask the clerk.
  3. Decide whether they owe you anything. Money owed to you from the same events may be a counterclaim, and counterclaims have their own deadlines.
  4. Gather your evidence: the contract or lease, texts and emails, photos, receipts, and the names of anyone who saw what happened.
  5. Write down your side in short, dated points the judge can follow, and practise saying it.
  6. Go to the hearing. A defendant who does not appear can lose by default, however strong their side.

What is in the Defense kit

$29, one time. 30-day money-back guarantee.

Deadlines by state

Questions people ask when they are sued

What should I do first if I am sued in small claims court?

Read the papers for two dates: the hearing (or appearance) date, and any deadline to file a written answer. Some states require a written answer within days of service; others only require you to appear. Missing either can mean a default judgment against you without your side being heard.

Do I have to file a written answer in small claims court?

It depends on the state. Some, such as Texas and Alabama, require one by a deadline that runs from service; others, such as California, do not unless the court orders it. Our free lookup shows the rule for your state with its citation, and where we have not verified it we say so rather than guess.

Can I countersue in small claims court?

Usually, if the plaintiff owes you money from the same events. A counterclaim has its own filing rules and deadline, and if it is larger than the small claims limit it may need a different court. The Defense kit flags whether you may have one and gives your state’s deadline where we have verified it.

What happens if I ignore a small claims lawsuit?

In every state, a defendant who neither responds nor appears risks a judgment entered without being heard, and that judgment can then be enforced by wage garnishment or a bank levy.

What is in the Defense kit?

For $29, one time: a written answer where your state requires one, or a defense statement to bring to the hearing; a word-for-word script for the hearing; an evidence checklist; and a counterclaim check with your state’s deadline caveat. It is document preparation, not legal advice.

Information, not legal advice. SmallClaimsHelper is a document preparation service, not a law firm. Deadlines are read from each state’s statutes and court rules where we have verified them; local courts can add their own requirements, and the date on your summons controls. Rules dataset version 2026-10-07.