1. What Is Small Claims Court in California?
Small Claims Court in California provides a simplified legal process for resolving disputes involving smaller amounts of money. Individuals can file claims for up to $10,000, while businesses are limited to $5,000 per claim.
This court is designed to be accessible, with no requirement for legal representation.
2. Types of Cases Handled in California Small Claims Court
- Unpaid debts or loans.
- Property damage claims (e.g., car accidents).
- Breach of contract disputes.
- Landlord-tenant disputes (e.g., security deposits).
- Faulty goods or services.
3. Steps to File a Claim in California Small Claims Court
Step 1: Confirm Eligibility
- Monetary Limits: Claims must not exceed $10,000 for individuals or $5,000 for businesses.
- Timeframe: File within the statute of limitations (e.g., 2 years for oral contracts, 4 years for written contracts).
- Self-Representation: Attorneys are not allowed to represent either party in small claims court.
Step 2: Attempt to Resolve the Dispute
Before filing, try to resolve the issue with the other party. Sending a demand letter is often required and should include:
- A clear explanation of the issue.
- The amount you are seeking.
- A deadline for resolution (typically 7–14 days).
Step 3: File the Claim
- Obtain and Complete the Forms:
- Use Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court), available online at the California Courts website.
- File the Forms:
- File the completed forms at the small claims court in the county where:
- The defendant lives, or
- The dispute occurred.
- You can file in person, by mail, or online in some counties.
- File the completed forms at the small claims court in the county where:
- Pay the Filing Fee:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501–$5,000 | $50 |
| $5,001–$10,000 | $75 |
Fee waivers are available for those who qualify based on financial hardship.
Step 4: Serve the Defendant
The defendant must be notified of your claim through a process called service of process.
- Approved methods include:
- Certified Mail: Sent by the court clerk.
- Personal Service: Delivered by a process server, sheriff, or someone over 18 not involved in the case.
- Service must be completed at least 15 days before the hearing (20 days if the defendant lives outside the county).
- File Form SC-104 (Proof of Service) with the court.
Step 5: Prepare for the Hearing
- Gather Evidence: Collect contracts, invoices, receipts, photos, and other relevant documents.
- Organize Witnesses: If applicable, ensure they are available to testify.
- Practice Your Presentation: Be ready to explain your claim clearly and concisely.
Step 6: Attend the Hearing
- Arrive early and bring all evidence and documents.
- Present your case to the judge, including supporting evidence and witness testimony.
- The judge may issue a decision on the same day or provide a written decision later.
4. What Happens If You Win?
Judgment Issued:
- The defendant is required to pay the amount awarded by the court.
Enforcing the Judgment:
If the defendant does not pay voluntarily, you can enforce the judgment through:
- Wage Garnishment.
- Bank Account Levy.
- Property Liens.
5. Frequently Asked Questions
Q1: Can I file multiple claims in a year?
Yes, individuals can file unlimited claims under $2,500, but only two claims exceeding $2,500 annually.
Q2: Can businesses file small claims?
Yes, but businesses are limited to claims of $5,000 or less.
Q3: What if the defendant doesn’t respond?
The court may issue a default judgment in your favor.
Q4: How long does the process take?
Most cases are resolved within 1–3 months, depending on court schedules.
Q5: Can I appeal the court’s decision?
Only the defendant can appeal a judgment in small claims court.
6. Tips for Success in Small Claims Court
- Be Prepared: Organize all documents and evidence well in advance.
- Be Professional: Present your case respectfully and clearly.
- Negotiate: Consider settling the dispute before the hearing.
7. Conclusion
Filing a claim in small claims court in California is a straightforward process that provides an accessible way to resolve disputes. By following these steps and preparing thoroughly, you can navigate the system confidently and work toward a fair resolution.