How to Resolve Disputes in California Small Claims Court


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

  1. 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.
  2. 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.
  3. Pay the Filing Fee:
Claim AmountFiling 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

  1. Be Prepared: Organize all documents and evidence well in advance.
  2. Be Professional: Present your case respectfully and clearly.
  3. 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.