California Small Claims Court: Filing Made Simple

What is Small Claims Court in California?
Small claims court in California is a simplified legal venue for resolving disputes involving monetary amounts up to a specific limit. It is designed to be accessible, with no need for extensive legal representation.

Who Can File?
- Individuals or sole proprietors can file claims up to $10,000.
- Corporations and other entities are limited to claims of $5,000 per case.
Frequency Limit: Individuals cannot file more than two claims exceeding $2,500 in a calendar year.

What Types of Disputes Qualify for Small Claims Court?
Common disputes include:

Unpaid Debts: Recovering loans or invoices.
Property Damage: Repair or replacement costs.
Breach of Contract: Disputes over unfulfilled agreements.
Landlord-Tenant Issues: Claims for security deposit refunds or minor damages.
Consumer Complaints: Compensation for defective goods or poor services.

Table of Contents

Ensure you have the correct legal name and address of the individual or business you’re suing.
For businesses, check their registration details with the California Secretary of State.

File your case in the county where the defendant resides, does business, or where the dispute occurred.

Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court): Provide details of your claim, including the amount and reason for the lawsuit.
Additional forms may be required based on your case (e.g., fee waivers or interpreter requests).

Submit the completed forms to the small claims clerk at your local courthouse.
Filing fees are based on the amount claimed:
- Claims up to $1,500: $30
- Claims $1,501–$5,000: $50
- Claims $5,001–$10,000: $75

Notify the defendant of your claim using court-approved service methods:
- Personal service by a process server or sheriff.
- Certified mail by the court clerk (only available in certain counties).
Ensure the service is completed at least 15 days before the court date (or 20 days if the defendant is outside the county).

Filing fees range from $30 to $75, depending on the amount claimed.
Additional costs may include service fees ($40–$75 for a process server) or certified mail fees.
Fee waivers are available for low-income individuals.

Mediation: Many California courts offer free or low-cost mediation services.
Negotiation: Directly resolve the dispute with the other party to avoid court.

Judge’s Decision: The judge typically issues a decision immediately after the hearing.
Appeals: Only the defendant can appeal a small claims judgment, within 30 days.
Judgment Enforcement: If the defendant doesn’t pay, you can pursue enforcement actions such as wage garnishment or liens.

Can I have a lawyer in California small claims court?
No, lawyers are not allowed to represent clients during the hearing, but they can provide advice beforehand.
How long does it take to resolve a small claim in California?
Most cases are resolved within 30–90 days of filing, depending on court schedules.
What if the defendant doesn’t respond or show up?
The court may issue a default judgment in your favor.
Can I file a claim online in California?
Some counties allow online filing; check your local court’s website for availability.
What if my claim exceeds $10,000?
You must file in civil court, where legal representation is allowed.
Can I file multiple claims in one year?
Yes, but you cannot file more than two claims exceeding $2,500 in the same calendar year.

Conclusion: Filing a Small Claim in California
Filing a small claim in California provides a straightforward way to resolve disputes under $10,000. By following the steps outlined here and preparing effectively, you can navigate the process with confidence and achieve a fair resolution.