Small claims court is designed to resolve money claims quickly, cheaply, and with minimal technicalities. If you’ve been served with a Summons and Statement of Claim, this guide explains—step-by-step—how to respond, what to file, what to bring to the hearing, the defenses you can raise, and what happens after judgment.
At a glance
- Deadline to respond: generally 10 calendar days from receipt of the Summons.
- Hearing: the date is printed on your Summons; personal appearance is required.
- Lawyers: parties ordinarily appear without lawyers; representatives need proper authority.
- Decision: issued on the same day when possible; final and unappealable (subject to very narrow exceptions like correction of clerical errors).
- Scope: money claims only (e.g., unpaid loans, debts, rentals, damages to property), not criminal cases or claims for moral/exemplary damages as the main relief.
Important: Monetary thresholds, standardized forms, e-filing rules, and fees are periodically updated by the Supreme Court. Check the Summons, the Office of the Clerk of Court (OCC), or the court’s posted guidelines for the current amounts, acceptable service methods (e.g., email, courier), and the exact titles of required forms.
1) Confirm the Court’s Authority and Venue
Before preparing your response, verify basic eligibility:
- Nature of claim: Must be a purely money claim (e.g., debt, price of goods, unpaid services, damages to property). Claims for moral, exemplary, or attorney’s fees may be included only as incidental to the main money claim.
- Amount involved: The small claims jurisdictional cap is set by the Supreme Court and may be adjusted over time. If the principal amount (exclusive of interest, damages, and costs) exceeds the cap, small claims is improper.
- Venue: Typically where you (defendant) reside, where the plaintiff resides, or where the cause of action arose—as allowed by the current rules. If venue is wrong, raise it as a ground in your Response.
- Parties eligible: Individuals and juridical persons (e.g., corporations) may sue or be sued. Barangay conciliation may be a precondition if the parties are natural persons living in the same city/municipality and the dispute is not among the Katarungang Pambarangay exceptions. If required but skipped, raise this in your Response.
2) Calendar Your Deadline to Respond
- You generally have 10 calendar days from actual receipt of the Summons to file your Response using the prescribed Small Claims Response Form (title may vary).
- Count calendar, not working, days. If the deadline falls on a weekend/holiday, local rules on the next working day filing apply.
- Late or no response can lead to default-style judgment based on the plaintiff’s evidence alone.
3) Prepare Your Response (Verified Statement of Defense)
Use the court-issued Response form (or its most recent version). Keep it simple, factual, and documentary-driven.
A. Contents Checklist
Caption and case number (from the Summons).
Your contact details (including email/mobile if e-service is used).
Admissions/denials of each allegation. Be specific—admit what is true; deny what is false; state if you lack knowledge.
Defenses (see Section 6), clearly labeled:
- Affirmative defenses (e.g., payment, prescription, lack of jurisdiction, improper venue, failure to undergo barangay conciliation when required).
- Factual defenses (e.g., no loan, different amount, defective goods/services).
Counterclaims (if any): Only those within small claims jurisdiction and arising from the same transaction are typically allowed. Keep totals within the cap.
Documents/Evidence list: Attach supporting documents (see below).
Verification: Sign the verification and certification against forum shopping on the form.
B. Attach Your Evidence (Front-load Your Proof)
Small claims cases are document-centric. Attach photocopies (bring originals to the hearing):
- Receipts, deposit slips, checks, promissory notes, ledgers.
- Text messages/emails/letters showing payment, extension, waiver, compromise.
- Photos for property damage; repair estimates/bills.
- IDs/authority documents (SPA, corporate Secretary’s Certificate/Board Resolution) for representatives.
- Barangay Certification (if applicable).
- Computation of amounts showing principal vs. interest vs. penalties; show the interest rate basis (contract clause, date, and manner of computation).
Tip: Organize exhibits with tabs (Exh. “1”, “2”, etc.) and a short index. Label every page with the case number.
C. Format, Copies, and Service
- Number of copies: Follow the court’s posted requirement (commonly original + copies for the court and each plaintiff).
- Service on the plaintiff: Serve your Response and attachments via the allowed method (personal, courier, registered mail, or electronic service if permitted). Indicate the method and date of service in your Proof of Service.
4) File the Response and Pay Any Applicable Fees
- Filing: Submit at the Office of the Clerk of Court or the branch indicated. Some courts accept e-filing (check the Summons).
- Fees: The plaintiff pays most docket fees at filing; defendants may pay minimal fees for certain counterclaims or services.
- Fee waivers: Indigent litigants may apply to litigate as pauper with supporting proof.
5) Appear at the Hearing (Personal Appearance Required)
Bring: a valid government ID, the originals of your exhibits, and a pen-and-paper computation if amounts are in issue.
No lawyers in the hearing: Parties ordinarily appear without counsel.
- Representatives must present an SPA (for individuals) or a Board Resolution/Secretary’s Certificate (for corporations/partnerships/associations) authorizing them to appear and settle.
Flow of hearing:
- Pre-trial/settlement talk led by the judge (or court-annexed mediation step, if implemented locally).
- If no settlement, summary reception of evidence (mostly documents; brief clarificatory questions).
- Judgment usually on the same day.
If you fail to appear, the court may proceed without you and decide based on the available evidence.
6) Common Defenses You Can Raise
Choose those that genuinely apply; support with documents or specific facts.
- Payment/Performance: Debt already paid; attach receipts, bank proofs, or acknowledgment messages.
- Partial Payment/Incorrect Computation: Challenge interest, penalties, and compounded charges not authorized by contract/law; present your re-computation.
- No Contract / No Delivery / Defective Goods or Services: Show absence of a signed agreement, proof of return/refund requests, or defect documentation.
- Lack of Jurisdiction: Amount exceeds the small claims cap; or claim is not a money claim.
- Improper Venue: Parties/transaction are outside the allowed venues under the rules.
- Non-compliance with Barangay Conciliation: Required but not undertaken; attach proof if the case should have gone to barangay first.
- Prescription/Laches: Claim filed beyond the prescriptive period.
- Unenforceable/Invalid Contract: E.g., usurious or unconscionable interest, lack of authority to bind a company, absence of written authorization for agents.
- Conditional/Contingent Obligation Not Yet Due: Due date has not arrived; or suspensive condition not fulfilled.
- Fraud/Misrepresentation/Failure of Consideration: Beware—allege only with factual basis you can prove.
7) Settlement Options
Small claims strongly favors amicable settlement:
- Full settlement: Case ends with a dismissal or judgment based on compromise.
- Installments: Put clear dates, amounts, default clause, and mode of payment. Ask that the compromise be made a judgment, so it’s immediately enforceable on default.
- Partial settlement: Narrow issues (e.g., agree on principal; litigate only interest or penalties).
Put everything in writing and sign in court.
8) Judgment and Post-Judgment
- Nature of judgment: Typically final and executory—no appeal. The court may correct clerical errors; some courts allow narrowly-tailored motions (e.g., to vacate void judgments), but motions for reconsideration/new trial are prohibited under small claims rules.
- Execution: If you lose and don’t pay on time, the plaintiff may file a Motion for Execution to garnish bank accounts, levy personal property, or garnish a portion of salary (subject to exemptions).
- Voluntary compliance: If you win, seek dismissal with prejudice or entry of judgment; if you lose but can pay, settle promptly to avoid interest and costs.
9) Prohibited Pleadings and Filings (Common Pitfalls)
Small claims rules streamline proceedings by banning many technical pleadings, typically including:
- Motion to dismiss (except for lack of subject-matter jurisdiction or other grounds expressly allowed by the latest rules).
- Motion for bill of particulars, reply, third-party complaint, intervention, memoranda.
- Motion for new trial or motion for reconsideration (ordinarily not allowed).
- Extensive discovery (depositions/interrogatories) is generally not used; rely on documentary evidence and short testimony.
Always check your Summons or the court’s bulletin for the current prohibited-pleadings list.
10) Special Notes for Defendants That Are Organizations
- Authorized representative: Attend through an officer/employee with a Board Resolution/Secretary’s Certificate specifically authorizing appearance and compromise/settlement.
- Document custodian: Bring the original contracts, SOAs, delivery receipts, and updated ledger.
- Interest and penalties: Be ready to justify contract rates and computation method (e.g., simple vs. compounding; date ranges).
11) Evidence & Computation Tips
- Principal vs. interest: Courts focus on the principal for jurisdiction; interest is typically computed up to filing date, then post-judgment interest may apply at the legal or contractual rate.
- Authenticate electronic evidence: Printouts of emails, chats, or e-wallet transactions are acceptable if properly identified; bring the device to show the original message/thread if asked.
- Translations: If any document is not in English/Filipino, attach a translation.
- Number your pages and initial corrections.
12) Practical Timeline
- Day 0: Receive Summons and Statement of Claim.
- By Day 10: File and serve your Response with attachments.
- Hearing Day (per Summons): Attempt settlement; if none, proceed to summary hearing; decision typically issued the same day.
- After Judgment: Comply or face execution; if you win, seek prompt closure (entry of judgment, release of bonds if any).
13) Quick Templates
A. Response (outline)
Admissions/Denials:
- ¶1: Admit/deny for lack of knowledge.
- ¶2: …
Defenses:
- Improper Venue: Defendant resides in ___; cause of action arose in ___; venue improper.
- Payment: Payments on (dates) totaling ₱___; see Exh. “2–5”.
- Unconscionable Interest: Contract rate ___% p.a. compounded monthly is unconscionable; recomputation attached as Exh. “8”.
Counterclaim (if any): For ₱___ arising from the same transaction.
Prayer: Dismiss/Reduce claim; costs.
Verification & Certification: Signed and dated.
B. Exhibit Index (example)
- Exh. “1” – Contract / Promissory Note
- Exh. “2–5” – Receipts / Deposit slips
- Exh. “6” – SMS screenshots (payment acknowledgments)
- Exh. “7” – Barangay Certification (if applicable)
- Exh. “8” – Interest recomputation table
14) Frequently Asked Questions
Do I need a lawyer? No. Parties ordinarily appear without lawyers. You may consult a lawyer before the hearing to help prepare your Response and evidence.
What if I can’t attend the hearing? Send an authorized representative with proper SPA or corporate authority. Unsupported absence risks an adverse judgment.
Can the court award attorney’s fees against me? Yes, reasonable attorney’s fees or costs may be awarded as damages if prayed for and justified—even though no lawyers appear at the hearing.
Can I appeal a small claims judgment? Small claims judgments are final, executory, and unappealable under the rules, subject only to limited remedies (e.g., to correct clerical errors or attack a void judgment).
What if the plaintiff sued the wrong person or wrong amount? Raise mistaken identity, lack of privity, or wrong computation in your Response; attach proof.
15) Checklist for Defendants
- Diarize the 10-day Response deadline.
- Fill out the official Response form completely and truthfully.
- Attach all key documents; prepare originals for the hearing.
- Serve the Response on the plaintiff and keep proof of service.
- Bring ID and any authority documents (SPA/Board Resolution).
- Prepare a clear computation of any admitted liability or proposed settlement.
- Arrive early on hearing day; be concise and respectful; focus on documents.
Closing Notes
Small claims is meant to be fast and practical. Your best strategy is to (1) meet the deadline, (2) front-load your documents, (3) consider settlement if the debt (or part of it) is truly due, and (4) present clear, simple defenses for any disputed portions. For the latest jurisdictional amounts, filing options (e-service/e-filing), and local practices, rely on the instructions in your Summons and the OCC’s guidance at the court where your case is pending.