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What if I have a claim against the person who is suing me?

First, you must demand that the person pay you the exact amountthat you believe you are owed. If you do not receive the money,you may file a Claim of Defendant against the plaintiff. This isa paper that says how much the other person owes you and why. Youcan get the form from the small claims clerk. Do this well beforethe hearing date because, in most cases, the person suing you mustreceive the form at least five days before the hearing. Youmust serve the Claim of Defendant the same way that a Claim ofPlaintiff is served.

Important: If your case deals with personal injury (automobile accidents, motorcycle accidents, pedestrian accidents, slip and falls, dog bites, medical or legal malpractice) or workers' compensation cases (accidents at work) and deals with California law, you can reach us 24 hours a day, 7 days a week just by calling 1-800-LAW-TALK, from anywhere in the United States, for a free consultation.

These Frequently Asked Questions are based on California Law. Information with a * was originally published by the State Bar of California and is also available through them. It is reprinted with their permission.

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CAUTION! Please remember that no information found at this site can replace a face to face meeting or telephone consultation with a "real live" attorney about your particular case, problem or question. The information you find here or in the answers should just be a starting point in finding your answers.

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