How to Navigate Small Claims Court in San Francisco County

1. What is Small Claim Court in San Francisco?
San Francisco’s small claim court provides a straightforward and affordable way to resolve minor disputes involving money or property damages. Designed to avoid lengthy legal proceedings, small claims court allows individuals and businesses to settle claims up to a monetary limit without hiring an attorney.

Maximum Claim Amounts:
- Individuals: Up to $10,000.
- Businesses or Corporations: Up to $5,000.

Small claims court can address:

Unpaid debts.
Property damage.
Breach of contract.
Refunds for unsatisfactory goods or services.
Landlord-tenant disputes (e.g., withheld security deposits).

2. San Francisco Small Claim Court Location
All small claims cases in San Francisco are handled at the following courthouse:

San Francisco Superior Court – Small Claims Division
Address:
400 McAllister Street
Room 103
San Francisco, CA 94102

Contact Information:

Phone: (415) 551-3957
Hours: Monday–Friday, 8:30 a.m. – 4:00 p.m.
Website: San Francisco Superior Court Small Claims

3. Who Can File in San Francisco Small Claims Court?
You can file a case in San Francisco small claims court if:

The defendant (person or business you are suing) resides, works, or does business in San Francisco County.
The dispute occurred within San Francisco.

Who Can File:

Individuals aged 18 or older (or a legal representative for minors).
Businesses or corporations.

Note: Attorneys are not allowed to represent you in small claims court, although you can consult with one for advice.

4. How to File a Small Claim in San Francisco

Table of Contents

Step 1: Identify the Defendant and Gather Information

For individuals: Full name, address, and contact information.
For businesses: Verify the legal business name and registered agent using the California Secretary of State’s Business Search Tool.

Step 2: Fill Out the Necessary Forms

Obtain the following forms from the court’s website or clerk’s office:

SC-100: Plaintiff’s Claim and Order to Go to Small Claims Court.
SC-104: Proof of Service (used after notifying the defendant).

Information Needed:

Your name and address.
Defendant’s name and address.
A detailed description of the claim (what happened, dates, and why the defendant owes you money).
The exact amount you are suing for.

Step 3: File Your Claim with the Court

Submit the completed SC-100 form to the Small Claims Division at the courthouse.
Pay the filing fee based on the amount of your claim:

Claim Amount	Filing Fee
Up to $1,500	$30
$1,501–$5,000	$50
$5,001–$10,000	$75

The clerk will assign a case number and provide a court date.

Fee Waiver: If you cannot afford the filing fee, you can request a fee waiver using Form FW-001.

Step 4: Serve the Defendant

You must legally notify the defendant of your claim, a process known as service of process. Service must be completed at least 15 days before the court date (20 days if the defendant is outside San Francisco County).

Methods of Service:

Certified Mail: The court clerk can serve the defendant for a small fee.
Process Server or Sheriff: Hire a professional to deliver the papers.
Substituted Service: If the defendant cannot be served personally, papers can be left with someone at their residence or workplace.

File the Proof of Service (SC-104) with the court after serving the defendant.

Step 5: Prepare for Court

To strengthen your case, organize the following:

Evidence: Contracts, receipts, invoices, emails, photos, or repair estimates.
Witnesses: Ask anyone who can support your claim to attend court or provide written statements.
Timeline: Write a clear and logical timeline of events.
Practice Your Argument: Be concise, stick to the facts, and explain why you are owed the amount claimed.

Bring at least three copies of all evidence—one for yourself, one for the judge, and one for the defendant.

Step 6: Attend the Small Claims Hearing

Arrive 30 minutes early and check in with the court clerk.
Present your case clearly, confidently, and professionally.
Show your evidence and explain why you are entitled to the money or compensation.
The defendant will have an opportunity to present their side.

The judge will either issue a decision immediately or mail the ruling within a few weeks.

5. What Happens If You Win the Case?
If the judge rules in your favor, the court will order the defendant to pay the judgment amount.

Collecting Your Judgment:
If the defendant does not pay voluntarily, you can:

Garnish wages (take money directly from their paycheck).
Levy their bank account (seize funds from their account).
Place a lien on their property.

The court clerk can guide you on filing additional forms to enforce the judgment.

6. What If You Lose the Case?
If the court rules against you:

You may not appeal as a plaintiff unless the defendant filed a counterclaim.
Evaluate your options for resolving the dispute outside of court, such as mediation.

7. Tips for Success in San Francisco Small Claims Court

Be Organized: Have all documents and evidence ready.
Stay Professional: Present your case calmly and respectfully.
Follow Deadlines: File forms and serve the defendant on time.
Be Prepared: Anticipate the defendant’s arguments and have responses ready.

8. Alternatives to Filing in Small Claims Court
If you are hesitant to file a claim, consider:

Mediation: San Francisco courts offer mediation services to resolve disputes outside of court.
Demand Letter: Send a formal letter requesting payment or resolution before filing.
Consumer Protection Agencies: Report businesses to agencies like the Better Business Bureau (BBB) or local consumer affairs departments.

Conclusion
Filing a case in San Francisco small claims court is a practical and cost-effective way to resolve disputes involving money or property damages up to $10,000. By understanding the process—filing forms, serving the defendant, preparing for the hearing, and enforcing judgments—you can navigate the system confidently. With proper preparation and strong evidence, you increase your chances of achieving a favorable outcome.

Martin taggart