- What Is a Small Claim Suit in California?
Small claims court in California allows individuals and businesses to resolve disputes involving limited monetary amounts without the need for an attorney.
- Monetary Limits:
- Individuals: Up to $10,000.
- Businesses: Up to $5,000.
- Only two claims exceeding $2,500 are allowed in a calendar year.
- Common Cases:
- Unpaid debts or loans.
- Property damage.
- Breach of contract.
- Security deposit disputes.
- Eligibility Requirements
- Plaintiff: Must be at least 18 years old or an emancipated minor.
- Defendant: Must reside, work, or have conducted business in California.
- Statute of Limitations:
- 2 years for oral contracts or personal injury.
- 4 years for written contracts.
- Steps to File a Small Claim Suit in California
- Step 1: Identify the Correct Court
File your claim in the small claims division of the court where:- The defendant lives or does business.
- The incident occurred.
Use the California Court Locator to find the appropriate venue.
- Step 2: Obtain and Complete the Required Forms
- SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court).
- Forms are available at the courthouse or online at the California Courts Website.
- Step 3: File Your Claim
- Submit the completed forms in person or via e-filing (if available in your county).
- Pay the filing fee, which depends on the claim amount.
| Claim Amount | Filing Fee |
|---|---|
| $1,500 or less | $30 |
| $1,501 to $5,000 | $50 |
| $5,001 to $10,000 | $75 |
- Fee waivers are available for those who qualify based on income.
- Step 4: Notify the Defendant
- Serve a copy of the filed claim to the defendant.
- Service methods:
- Certified Mail: $15 (handled by the court).
- Process Server: Typically $40–$100.
- Sheriff’s Department: Fees vary.
- Step 5: File Proof of Service
- Submit SC-104 (Proof of Service) to confirm the defendant has been served.
- Prepare for the Hearing
- Organize Evidence:
- Gather contracts, receipts, invoices, photographs, and any other relevant documents.
- Rehearse Your Case:
- Clearly outline your claim and practice presenting it in a concise and logical manner.
- Witnesses:
- Arrange for witnesses who can support your case to attend the hearing.
- Attend the Hearing
- Arrive Early: Plan to arrive at least 30 minutes before your scheduled time.
- Present Your Case: Provide your evidence and explain your claim to the judge.
- Judge’s Decision: The judge may issue a ruling immediately or send the decision by mail.
- What Happens After the Hearing?
- If You Win:
- The court will issue a judgment in your favor.
- If the defendant does not pay, you may need to enforce the judgment through wage garnishment, property liens, or bank levies.
- If You Lose:
- You cannot appeal the decision as a plaintiff, but the defendant can appeal within 30 days.
- Tips for Filing a Small Claim Suit in California
- Be Prepared: Gather all necessary evidence and organize your documents.
- Understand the Rules: Familiarize yourself with California’s small claims procedures.
- Consider Mediation: Many courts offer mediation services as an alternative to a trial.
- Be Professional: Present your case respectfully and clearly.
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