1. What Is California Small Claims Court?
The California Small Claims Court provides a simple, affordable way to resolve minor disputes without hiring an attorney. It handles cases where individuals or businesses seek monetary compensation for damages or unpaid amounts.
Key Features:
- Informal Process: No lawyers are required or allowed to represent you during the hearing.
- Quick Resolution: Cases are typically resolved within a few months.
- Accessible: Filing fees are low, and court procedures are easy to understand.
2. Claim Limits in California Small Claims Court
The maximum amount you can claim in California Small Claims Court depends on who you are:
- Individuals: Up to $10,000.
- Businesses: Up to $5,000.
Exceptions:
- You cannot file more than two claims exceeding $2,500 in a calendar year.
- Claims above the small claims limit must be filed in civil court.
3. Common Types of Small Claims in California
1. Unpaid Debts
- Loans or money borrowed that hasn’t been repaid.
- Unpaid invoices for services or goods.
2. Property Damage
- Repair or replacement costs for damaged items, vehicles, or property.
3. Breach of Contract
- Unfulfilled agreements for services, goods, or employment.
4. Landlord-Tenant Disputes
- Unreturned security deposits.
- Minor property damage caused by tenants.
5. Faulty Goods or Services
- Refunds for defective products or poor-quality services.
4. Steps to File a Small Claim in California
Step 1: Determine Eligibility
Before filing, ensure your claim meets the following requirements:
- It involves money (not property ownership or criminal issues).
- The defendant resides, works, or does business in California.
Step 2: Complete the Necessary Forms
The primary form is Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100).
You will need to provide:
- Your name and contact information.
- The defendant’s full legal name and address.
- A clear explanation of the dispute.
- The amount you’re claiming.
Where to Get Forms:
- Download forms from the California Courts Website.
- Pick them up at your local courthouse.
Step 3: File the Claim
Submit the completed forms to the Small Claims Clerk at the courthouse where the defendant lives or does business.
Filing Fees:
The filing fee is based on the amount of your claim:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501 to $5,000 | $50 |
| $5,001 to $10,000 | $75 |
If you cannot afford the fee, apply for a fee waiver using Form FW-001.
Step 4: Serve the Defendant
The defendant must be notified about the claim through service of process. This involves delivering a copy of the filed claim and hearing details.
Service Methods:
- Certified Mail (arranged by the court): $15 fee.
- Sheriff or Process Server: Typically costs $40–$75.
You must file a Proof of Service (Form SC-104) with the court to confirm that the defendant was notified.
Step 5: Prepare for the Hearing
Organize your case to present it effectively:
- Gather Evidence: Contracts, receipts, photos, repair estimates, and witness statements.
- Create a Timeline: Clearly outline the events leading to the dispute.
- Practice Your Presentation: Rehearse explaining your case concisely and confidently.
Tip: Bring at least three copies of all documents—one for yourself, one for the judge, and one for the defendant.
Step 6: Attend the Hearing
On the hearing date:
- Arrive early and check in with the court clerk.
- Present your case clearly and provide supporting evidence.
- Allow the defendant to respond.
The judge may issue a decision immediately or notify both parties later in writing.
5. After the Hearing: What to Expect
If You Win the Case
The court will issue a judgment ordering the defendant to pay you. If the defendant refuses to pay, you can:
- Garnish Wages: Deduct payments directly from their paycheck.
- Levy a Bank Account: Seize funds from their account.
- Place a Property Lien: Attach a lien to their real estate or assets.
If You Lose the Case
- You may appeal the decision if you are the defendant.
- Plaintiffs cannot appeal in California Small Claims Court.
6. Alternatives to Small Claims Court in California
Before filing a claim, consider:
- Mediation Services: Free or low-cost mediation is available through California courts.
- Demand Letters: Send a formal letter requesting payment or resolution before taking legal action.
7. Small Claims Court Locations in California
Find your local courthouse on the California Courts Directory.
8. Tips for Success in California Small Claims Court
- Be Prepared: Collect strong evidence to support your claim.
- Follow Deadlines: Submit forms and serve the defendant on time.
- Stay Professional: Present your case clearly and respectfully in court.
Conclusion
The California Small Claims Court is an efficient way to resolve disputes involving money or property damages. By understanding the claim limits, filing procedures, and court expectations, you can confidently present your case and seek a fair resolution.