1. What Is a Small Claim in California?
A small claim in California is a legal process to resolve disputes involving money or property damages in an informal, affordable court setting. Small claims court is part of the California Superior Court system and is designed for individuals and small businesses to handle cases without hiring an attorney.
Common Small Claims Cases in California:
- Unpaid debts or loans.
- Property damage (e.g., car accidents or broken items).
- Breach of contract.
- Landlord-tenant disputes (e.g., security deposits).
- Refunds for faulty goods or services.
2. California Small Claim Limits
The maximum claim amount depends on who is filing the case:
| Filing Party | Claim Limit |
|---|---|
| Individuals | $10,000 |
| Businesses | $5,000 |
Exceptions and Rules
- Individuals can file two claims over $2,500 per year. If filing more than two, the limit is capped at $2,500 per case.
- Claims exceeding the above limits must be filed in civil court instead of small claims court.
3. Eligibility to File a Small Claim in California
1. Jurisdiction
File the claim in the county where the defendant resides, works, or conducts business.
2. Statute of Limitations
File your claim within the following time limits:
- Breach of Contract: 4 years (written contract) or 2 years (oral contract).
- Property Damage: 3 years.
- Unpaid Debts: Typically 4 years.
4. Steps to File a Small Claim in California
Step 1: Prepare Your Case
Gather the following information:
- The defendant’s full legal name and address.
- A clear explanation of the dispute (dates, events, and amounts).
- Supporting evidence, such as:
- Contracts or agreements.
- Receipts, invoices, or repair estimates.
- Photos or videos showing damages.
- Witness statements or communication records.
Step 2: Complete the Forms
The main form is the Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100). You can:
- Download the form from the California Courts website.
- Obtain it from your local courthouse.
Details to Include:
- Your name and contact information.
- The defendant’s name and address.
- The amount of money you are claiming.
- A description of why the defendant owes you money.
Step 3: File Your Claim
Submit the completed forms to the Small Claims Clerk’s Office at your local courthouse.
Filing Fees:
Fees vary 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 |
Fee Waiver: If you cannot afford the fee, complete a Request to Waive Court Fees (Form FW-001).
Step 4: Serve the Defendant
The defendant must be notified of the claim through service of process, which ensures they know about the lawsuit and the court hearing.
Service Methods:
- Certified Mail: $15 fee, arranged by the court.
- Sheriff or Process Server: Typically costs $40–$100.
You must file a Proof of Service (Form SC-104) to confirm that the defendant was properly notified.
Step 5: Prepare for the Hearing
To succeed in court, organize your evidence and arguments:
- Create a timeline of events to explain the dispute.
- Print copies of all documents, including contracts, receipts, and photos.
- Practice presenting your case in a clear, concise manner.
Tip: Bring at least three copies of all documents—one for the judge, one for the defendant, and one for yourself.
Step 6: Attend the Court Hearing
On your court date:
- Arrive at least 30 minutes early and check in with the court clerk.
- Present your case to the judge, including evidence and witness statements.
- Respond to questions from the judge and the defendant.
The judge may issue a decision immediately or notify you by mail.
5. What Happens After the Hearing?
If You Win the Case
The judge will issue a judgment ordering the defendant to pay you.
Enforcing the Judgment:
If the defendant doesn’t pay voluntarily, you can:
- Garnish Wages: Deduct payments directly from their paycheck.
- Bank Levy: Seize funds from their bank account.
- Property Lien: Place a lien on their property until payment is made.
If You Lose the Case
- You may not recover any money.
- In California, plaintiffs cannot appeal a small claims court decision, but defendants can.
6. Tips for Success in California Small Claims Court
- Be Prepared: Collect strong evidence and rehearse your presentation.
- Follow Deadlines: File your claim and serve the defendant on time.
- Stay Professional: Remain respectful and calm during the hearing.
- Consider Mediation: California courts offer free mediation services to resolve disputes without a hearing.
7. Alternatives to Small Claims Court in California
- Demand Letter: Send a written request for payment or resolution before filing a claim.
- Mediation: Work with a neutral mediator to settle the dispute amicably.
8. Where to File a Small Claim in California
Visit the California Courts Directory to find your local courthouse.
Conclusion
Filing a small claim in California is a straightforward way to resolve disputes involving money or property damages. By understanding the claim limits, following filing procedures, and preparing your case thoroughly, you can confidently present your case and seek a fair resolution in court.