For defendants
Got a letter — or a summons?
Being on the receiving end of a small claims dispute is stressful, but the process is designed for regular people — on both sides. Start by identifying which document you're holding, because they mean very different things.
✉️ A demand letter
A letter from a person or business saying you owe them money and asking you to pay by a date — sometimes mentioning small claims court. It is not a lawsuit. No case has been filed, no court is involved yet, and nothing has been decided.
It does mean the other side is organized enough to write, and may follow through by filing. Common responses include replying in writing, negotiating, paying, or waiting to see if they file — each with different trade-offs that depend on your situation.
🏛️ A court summons
Official court papers — usually a summons plus a claim form — meaning a case has been filed against you. This one has a deadline, printed on the papers, and it can be short.
The single most important thing on the page is that date. Whatever you decide to do, deciding before the deadline keeps all of your options open. Verifying the deadline with the court clerk is free and takes one phone call.
What happens if you do nothing
For a demand letter: sometimes nothing, sometimes the other side files a case. There's no court deadline yet, but the dispute doesn't resolve itself.
For a summons, the stakes are concrete: if you don't respond or appear, the court can enter a default judgment — a decision made without your side of the story, generally for the amount requested, sometimes plus costs. Depending on state law, a judgment can affect your credit and be enforced through wage garnishment or bank levies. Responding — even just to say you disagree — keeps you in the process.
Your options, side by side
These are the paths people in your position typically consider. They're presented here neutrally — which one fits is your decision, and it depends on facts only you know.
Pay or settle
If you agree you owe some or all of it, resolving directly with the other party can end the case before a hearing. Settlements can be for less than the demanded amount, on a payment schedule, or both — whatever both sides accept, in writing.
Respond in writing
For a demand letter, a written reply — agreeing, disagreeing, or proposing a resolution — often opens a negotiation. Keep a copy of everything you send and receive.
Prepare an answer
For a summons, many courts have an answer or appearance form where you respond to the claim. The summons or the court clerk can tell you which form your court uses and when it's due.
Understand it first
Reading your state's rules — deadlines, dollar limits, how hearings work — before deciding anything is free and often changes how the papers look. Your court's self-help center is built for exactly this.
The rules that apply to you are state rules
Dollar limits, hearing timelines, and whether attorneys appear in small claims at all vary by state. Published figures for your state:
See your state's small claims rules
Pick your state above to see its claim limit, deadlines, and rules — or browse all state guides.
If it goes to a hearing
Small claims hearings are short, informal, and built for people without lawyers. Both sides tell their story and show their documents. The preparation that matters is the same for defendants as plaintiffs: know the timeline of what happened, and bring the records — receipts, payments, texts, emails, photos, contracts, anything showing your side.
Our hearing preparation guide and evidence checklist were written for plaintiffs, but nearly all of it applies to defending a claim too.
Frequently asked questions
How long do I have to respond to a small claims summons?
It depends on your state and court — the deadline is printed on the summons itself, and it's often shorter than people expect (sometimes under three weeks). The summons is the authoritative source; read it carefully and verify anything unclear with the court clerk. Meeting the deadline is your responsibility.
What happens if I ignore the summons?
If you don't respond or appear, the court can enter a default judgment — a decision made without your side of the story, generally for the amount the plaintiff requested, sometimes plus costs. A judgment can affect your credit and can be enforced through methods like wage garnishment or bank levies, depending on state law. Ignoring the papers doesn't make the case go away; it usually means losing it by default.
Do I need a lawyer to respond?
Small claims court is designed for people to represent themselves, and in some states attorneys generally can't represent either side at the hearing. No state requires you to have a lawyer for small claims. If your situation is complicated or a lot is at stake, consulting a lawyer or your court's free self-help center is always an option — many courts offer one.
Can I countersue?
Most small claims courts allow a defendant to file a counterclaim — a claim back against the person suing you — if it arises from the same dispute and fits within the court's dollar limit. Courts set their own deadlines and forms for counterclaims, so check your court's rules early.
What if I already paid, or don't owe what they say?
Disputes over whether a debt was paid, or how much is actually owed, are exactly what the hearing is for. Records help: receipts, bank statements, texts, emails, photos, contracts. If you respond and appear, you'll have the chance to present your side and your documents to the court.
Can we still settle before the hearing?
Yes — parties can settle at any point, including the morning of the hearing. If you reach an agreement, putting it in writing and telling the court is the standard practice; the clerk can explain how a settlement or dismissal is recorded in your court.
Related guides
Last updated: July 3, 2026. Reviewed against our Editorial Standards.
This is general information to help you understand the process — not legal advice, and not a substitute for advice from a licensed attorney about your specific situation. Rules and deadlines vary by state and court and change over time; the papers you received and your court clerk are the authoritative sources. Always verify before acting.