How to File a Case in California Small Claim Court

What is Small Claim Court in California?
Small Claim Court in California is a simplified court system designed to handle disputes involving limited monetary amounts. It provides an affordable, fast, and accessible way to resolve disagreements without the need for extensive legal procedures or representation.

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Individuals can only file two claims exceeding $2,500 in a calendar year.

What Types of Cases Can Be Filed?
Common disputes handled by California Small Claim Court include:

Unpaid Debts: Recovering loans or invoices.
Property Damage: Seeking compensation for repairs or replacements.
Breach of Contract: Resolving disputes over unfulfilled agreements.
Consumer Complaints: Claims for defective products or poor services.
Landlord-Tenant Disputes: Issues such as unpaid rent or security deposit claims (not including eviction cases).

For claims exceeding these limits, you’ll need to file in Civil Court.

File in the county where:

The defendant lives, works, or does business.
The incident occurred (e.g., where a contract was signed or property damage happened).

SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court): This form outlines your claim details.
Attach supporting documents if applicable.

Submit the completed forms to the small claims clerk in person or by mail.
Pay the filing fee based on the claim amount:
- Claims up to $1,500: $30
- Claims $1,501–$5,000: $50
- Claims $5,001–$10,000: $75

Use court-approved methods to serve the defendant, such as:
- Personal delivery by a process server or sheriff.
- Certified mail through the court clerk (only available in some counties).
Service must be completed at least 15 days before the court date (or 20 days if the defendant resides outside the county).

Gather evidence, such as contracts, invoices, photos, and communication records.
Practice presenting your case clearly and concisely.
Bring any witnesses who can support your claim.

Judge’s Decision: The judge will issue a ruling, often on the same day.
Judgment Enforcement: If the defendant doesn’t pay, you may need to take steps such as garnishing wages or placing liens on property.
Appeals: Only the defendant can appeal, and they must do so within 30 days of the ruling.

Mediation: Many courts offer free or low-cost mediation services to help resolve disputes without a trial.
Negotiation: Attempt to reach an agreement directly with the other party.
Arbitration: A neutral arbitrator decides the case outside of court.

Can I have a lawyer represent me in California Small Claim Court?
No, lawyers are not allowed to represent you in small claims court. However, you can consult one before filing.
How long does it take to resolve a small claim?
Most cases are resolved within 30–90 days of filing.
Can I file online?
Some counties in California allow online filing. Check your local court’s website for availability.
What if the defendant doesn’t respond?
The court may issue a default judgment in your favor if the defendant fails to appear.
What if my claim exceeds $10,000?
You must file your case in Civil Court, where higher limits apply.
Can I recover court fees if I win?
Yes, the court may order the defendant to reimburse your filing and service fees.

Conclusion: Filing a Small Claim in California
California Small Claim Court offers an efficient and affordable way to resolve disputes under $10,000. By following the filing steps, preparing thoroughly, and presenting your case confidently, you can achieve a fair resolution to your legal issues.