Prepare your documents for Small Claims in California

This website helps prepare the forms required for Small Claims in California.

Start

HOW IT WORKS

1. Take Screening

Start with an online screening tool to help you determine which eviction-related legal option best fits your situation.

2. Prepare Documents

Instead of looking at the forms themselves, our system will help you complete your filing documents by having you answer all of the necessary information by topic. We will ask you questions in plain and non-legal language. To make this process as simple as possible, our system will then generate your response anywhere it is needed on the forms.

3. Consult Advocate (Optional)

You can consult a housing advocate to get guidance on eviction-related matters. If you’re facing eviction from a rental property, an advocate can help you understand your rights and options. They can review your case documents, speak with you directly about your situation, and assist with developing a plan to maintain housing stability.

4. File with the Clerk

You can formally begin the case by filing with the Office of the Clerk. You can do that by either printing and visiting the clerk's office at the court or using the clerk's virtual office online . The court has two locations, Seattle and Kent, listed at the bottom of this page.

Process

Step 1

You: Take Online Screening

Begin your small claims process by taking the screening on LegalAtoms. Just enter your zip code in the top right corner of the homepage, then answer a few simple questions about your situation and the dispute you want to resolve. This screening is designed to confirm whether your case qualifies for Small Claims Court and to identify the specific forms and steps you’ll need to follow. Based on your answers, LegalAtoms customizes the process to fit your county’s local rules and case requirements. Before starting, gather all relevant documents to support your claim.

Step 2

You: Gather Evidence and Prepare to File Your Small Claims Case

Start by collecting all relevant documents to support your small claims case, including:

Any written agreements or contracts related to your dispute
Proof of payments made or missed (e.g., receipts, invoices, bank statements)
Written communications such as emails, text messages, or letters
Photos, videos, or other evidence that support your claim

Next, use LegalAtoms’s screening tool to confirm that your case qualifies for Small Claims Court and to generate the appropriate California court forms. You can complete the forms online or upload your own if you already have them. Be sure to keep copies of all documents and any evidence you plan to submit—these will be important during your court hearing and when serving the other party.

Step 3

You: Wait for the Required Time Before Filing (If Applicable)

After sending a demand for payment or resolution, you should wait a reasonable period—typically 10 to 30 days—for the other party to respond.

If the other party resolves the issue within this time (e.g., pays the amount owed or fulfils their obligation), then there may be no need to proceed further. However, if they do not respond, refuse to pay, or deny responsibility, you can move forward by formally filing your small claims case in court.

Step 4

You: Create Your Small Claims Case on LegalAtoms

Log into your LegalAtoms account, or create a new one if you don’t have an account yet. On your dashboard, select “Start New Case” and choose “Small Claims” as the case type. The platform will then guide you step-by-step through entering:

The defendant’s full name and contact information
A description of your dispute and the amount you're claiming
Uploading supporting evidence such as contracts, receipts, messages, or photos

LegalAtoms automatically prepares the required California small claims court forms based on your answers and your county’s specific rules.

Review all documents carefully, then digitally sign them within the platform. If your county supports e-filing, you can submit your forms directly through LegalAtoms. Otherwise, you can download a complete packet to print and file in person at your local courthouse.

Step 5

You: Serve the Defendant with the Plaintiff’s Claim and Order to Go to Small Claims Court

Once your case is filed, the court will issue a notice called the “Plaintiff’s Claim and Order to Go to Small Claims Court” to notify the defendant about your lawsuit.

Serve the Defendant:

You are responsible for arranging service of this document—you cannot serve it yourself. It must be delivered by someone who is at least 18 years old and not a party to the case, such as:

A friend or family member
A professional process server
The sheriff’s department (available in some counties)

After the document is successfully served, the person who served it must complete and sign a Proof of Service (Form SC-104). This form must then be filed with the court clerk before your hearing date to show the defendant was properly notified.

Step 6

Wait for the Defendant’s Response

After the defendant is served with the court papers, they are not required to file a written response in small claims cases. Instead, both parties are expected to appear at the court hearing.

During this waiting period, the defendant may choose to:

Contact you to try to settle the case
Prepare their own evidence for the hearing
File a Defendant’s Claim (Form SC-120) if they have a claim against you

If the defendant does not appear at the hearing, you may still win your case by default judgment, as long as the court determines proper service was completed and your claim is valid.

Step 8

You: Obtain Final Judgment and Enforce the Court’s Decision

At the end of your small claims hearing, the judge will issue a final judgment. This decision may award you money or other relief based on your claim and the evidence presented.

If the judge rules in your favor and the defendant does not pay voluntarily, you may take steps to enforce the judgment, such as:

Requesting a Writ of Execution (Form EJ-130) to collect the money owed through wage garnishment or bank levy

FAQs

What is a small claims case?

What are valid reasons for filing a small claims case in California?

What is the small claims process in California?

The small claims process in California involves several key steps:

Determine Eligibility
Make sure your claim qualifies—generally for disputes involving $12,500 or less (or $6,250 if you're a business).
Prepare and File Your Case
Complete the Plaintiff’s Claim (Form SC-100) and file it with your county’s Small Claims Court, either in person or electronically (if supported).
Serve the Defendant
Have a neutral third party serve the court papers to the defendant using an approved method. File a Proof of Service (Form SC-104) with the court.
Attend the Hearing
Appear on your scheduled court date with all relevant evidence. The judge will hear both sides and issue a decision, often on the same day.
Collect the Judgment
If you win and the defendant doesn’t pay voluntarily, you can take steps to enforce the judgment, such as requesting a Writ of Execution (Form EJ-130).

How long does the small claims process take in California?

The small claims process in California typically takes 30 to 70 days from the time you file your case to when you attend the court hearing. Here’s a general timeline:

Filing the case: 1–3 days (depending on court backlog and whether you e-file or file in person)
Serving the defendant: Must be done 15–20 days before the hearing, depending on how and where the defendant is served
Court hearing: Usually scheduled 20–70 days after filing, depending on your county
Judgment: Often issued at the hearing, but the judge may take it under submission and issue it within a few weeks
Collection (if needed): Enforcing the judgment (e.g., wage garnishment) can take additional time

What happens if my filing is rejected?

When will I hear back about my filing?

Can a landlord evict a tenant without going to court?

Are there fees associated with filing a small claims case in California?

Yes, there are filing fees for small claims cases in California. The fee amount depends on the amount of your claim and whether you've filed other small claims cases in the past 12 months:

$30 – if you're claiming $1,500 or less
$50 – if you're claiming more than $1,500 and up to $5,000
$75 – if you're claiming more than $5,000 and up to $12,500
$100 – if you’ve filed more than 12 small claims cases in the last 12 months (regardless of claim amount)

Do tenants have rights regarding security deposits in California?

Yes, tenants in California have legal rights regarding their security deposits, whether or not they were evicted.

Landlords must:

Return the unused portion of the security deposit within 21 days after the tenant moves out
Provide an itemized list of any deductions, such as unpaid rent or damage beyond normal wear and tear
Include receipts or estimates for any repairs or cleaning costs deducted

Where can I get help with eviction issues?

Court Forms Created This website guides you through all the topics required to complete your small claims court documents and file your case.

Core Forms

Plaintiff's claim and order to go to small claims court
Other plaintiffs or defendants
Attorney fee dispute after arbitration
Fictitious business name