You were sued unfairly by someone who unfairly accuses of having done something wrong. You find on a newspaper that he is an ex-convict and there is an outstanding warrant against him.
You want to get compensation for all the lost time, income, and expenses incurred due to your having to respond to a small claims which seems very unfair to you.
Then prepare SC120, asking for fair compensation. You check the website and find that SC104 is the right Proof of Service Form.
Now you prepare it and go to the court, but the clerk says you have to file SC112A as Proof of Service.
So you file SC112A instead. But at the day of hearing, the judge says your SC120 is dismissed because you didn’t file a Proof of Service. You submit the stamped SC112A and the judge says it should be SC104. Your SC120 is dismissed and there is no way for you to get fair compensation.
This happens frequently at Los Angeles Superior Court located at 111 N. Hill St. No matter what you do, your case is dismissed because you filed a wrong form.
Now, let’s discuss this step by step. How to avoid getting your SC120 dismissed by the court.
To file a Proof of Service for your SC-120 (Countersuit), you will use either Form SC-104 or SC-112A, depending on how the legal documents were delivered to the opposing party.
Here is the breakdown of how to use and file each form based on the article you are editing:
1. Choose the Right Form
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SC-104 (Proof of Service): Use this form for Personal Service (the server hands the documents directly to the other party) or Substituted Service (the server leaves the documents with a competent adult at the party’s home or business, and then also mails a copy to that same address).
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SC-112A (Proof of Service by Mail): Use this form for documents that the law allows to be served via standard mail. For an SC-120, this is generally only applicable if you are paying the court clerk to perform certified mail service for you.
2. Have the Server Complete the Form
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Remember the Golden Rule: You cannot serve the documents yourself. The server must be someone who is at least 18 years old and not a party to the case.
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After the server completes the delivery or mailing, they must fill out the exact date, time, and location of service.
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The server must then sign the SC-104 or SC-112A under penalty of perjury.
3. File the Original with the Court Clerk
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Once your server has completed and signed the form, do not forget to file the original signed document with the small claims court clerk.
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The Deadline: You should file the Proof of Service at least 5 days before your scheduled court date.
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If you fail to file this document, the judge will have no legal proof that the other party was notified of your countersuit, which will likely result in your claim being delayed or completely dropped.
Tip: Always bring a physical copy of the completed and filed Proof of Service to your hearing just in case the court misplaces the original!