Replying to a claimGuide to procedures in small claims court 2025

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California-Specific Requirements Under the California Fair Claims Settlement Practices Regulations, insurers must: Acknowledge receipt of a claim within 15 days. Provide the necessary claim forms or instructions within 15 days. Accept or deny a claim within 40 days after receiving all necessary documentation.
After youve been served with a complaint. If you are the defendant (the person being sued) in a small claims case , you do not need to file anything with the court if you have been served with a Small Claims Affidavit of Complaint. You simply need to attend your small claims court date to defend yourself.
If the defendant does not reply to your claim, you can ask the court to enter judgment by default (that is, make an order that the defendant pay you the amount you have claimed because no reply has been received). You should do this as soon as possible after the 14 days have passed.
The Decision to Accept or Refuse When you receive a settlement offer, you have a choice to make - accept the offer and resolve your claim now, or refuse it and continue negotiating for a higher amount. It can be a difficult decision, especially if youre eager to get your money and move on with your life.
For the part of the claim that you dispute, give a full response to what is claimed. It may be helpful to use separately numbered paragraphs. Attach an Additional Parties [Form 1A] form, if there is more than one plaintiff or defendant in the case and check the Additional plaintiff/defendant box on the defence form.
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This study answers two fundamental questions about small claims courts: (1) Who usually wins? (2) Do victors collect their judgments? The rate of victory for plaintiffs who file claims and appear in court is eighty-five percent. Of winning plaintiffs, fifty-five percent never collect any part of their judgments.
When a claim is left unaddressed, it may lead to the insurance company assuming that youre at fault. This could result in you paying higher amounts than if you had addressed the claim promptly. Not responding to a claim can be seen as a breach of your insurance contract. This can lead to legal actions against you.
Responding to a statement of claim If you have been served with a Statement of Claim, you must respond within 28 days. Do not ignore it! If you ignore the Statement of Claim, the plaintiff can apply for default judgment against you to recover the money.

defence form 9a