File a small claims case in California
Recover up to $12,500 as an individual without a lawyer. Small claims court is designed to be used without representation and hearings are informal.
- Timeline
- 30-70 days from filing to hearing
- Cost
- $30-$75 filing fee, plus service costs
- Steps
- 9 stages
Deadline — read this first
Two years for oral contracts, four years for written contracts, two years for personal injury, three years for property damage.
Who can file
Individuals up to $12,500; businesses and entities up to $6,250. Attorneys may not represent parties at the hearing.
Step by step
- 1
Demand payment in writing
Send a written demand before filing. The court will ask whether you asked the defendant to pay, and a documented demand strengthens your case.
- 2
Identify the correct defendant name
Sue the exact legal entity. For a business, search the Secretary of State register for the registered name; a judgment against the wrong name is unenforceable.
- 3
Choose the right courthouse
File where the defendant lives or does business, or where the injury or contract breach occurred.
- 4
Complete form SC-100
Plaintiff's Claim and Order to Go to Small Claims Court. State the amount and why the defendant owes it in plain language.
- 5
Pay the filing fee
Fees scale with the claim amount. A fee waiver (form FW-001) is available on income grounds.
- 6
Serve the defendant
Service must be completed at least 15 days before the hearing (20 if the defendant is outside the county), by sheriff, process server or certified mail through the clerk.
- 7
Prepare your evidence
Bring three copies of every document: one for the judge, one for the defendant and one for yourself. Photographs, contracts, receipts and text messages all help.
- 8
Attend the hearing
Hearings usually last 10-15 minutes. Present facts chronologically and answer the judge's questions directly.
- 9
Collect the judgment
Winning does not mean being paid. Use form SC-134 to ask about assets, then wage garnishment or a bank levy to enforce.
Documents you must produce
- Completed form SC-100
- Proof of the written demand
- Contract, invoice or receipt evidencing the debt
- Photographs or repair estimates where relevant
- Proof of service (form SC-104)
Common mistakes that sink cases
- Naming a trading name rather than the registered legal entity.
- Serving fewer than 15 days before the hearing, which forces a postponement.
- Claiming more than the jurisdictional limit, which requires the excess to be waived permanently.
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