How do I serve a Defendant's Claim and ORDER to Go to Small Claims Court?
A Defendant's Claim (SC-120
) can be served in 2 ways, Personal Service
or Substituted Service
. Service must be made Personally on the Plaintiff/Cross-Defendant at least 5 days prior to the court hearing date
, or served by Substituted Service and mailed 15 days prior to the court hearing date
. If the Defendant was served with the Plaintiff's Claim (SC-100) 10 days prior or less prior to the court hearing date, the Plaintiff/Cross-Defendant can be served Personally up to 1 day prior to the court hearing date. Since this document is usually filed after the Plaintiff's Claim (SC-100) and as a result of being served with the SC-100, there is little often little time to serve the SC-120 in a timely manner. Service should be made anyway and let the Judge determine if valid service was attained. Even if you have to serve it at the hearing. (CCP 116.360