Overview

Filing a small claims case in California is designed to be affordable and accessible to the public. The exact cost depends on the amount of your claim and how many claims you have filed in the past 12 months. California courts set a tiered filing fee structure ranging from $30 to $75 for most claims. If you file more than 12 claims within one calendar year, the cost increases to $100 per case. Additional fees may apply for serving court papers, requesting certified copies, or filing certain enforcement documents. Low-income individuals may qualify for a fee waiver, ensuring that financial limitations do not prevent access to justice. Understanding these costs up front helps you prepare and avoid delays in the small claims process.

Who Benefits and Who Can Apply

Any person, business, or organization seeking to recover money owed under California’s small claims system benefits from knowing the filing costs. Plaintiffs include landlords, tenants, consumers, contractors, small businesses, or individuals. Claims can be filed on your own behalf, by an authorized agent, or in some cases by guardians or representatives. Knowing the costs ensures proper budgeting and helps claimants decide whether pursuing the claim is worth the expense relative to the amount owed.

Benefits of Understanding Filing Costs

• Clear budgeting before filing.
• Ability to request a fee waiver if needed.
• Helps weigh whether filing is financially worthwhile.
• Promotes equal access to justice by keeping costs relatively low.

Step-by-Step Process of Filing with Costs

Step 1: Determine Your Claim Amount

The filing fee depends on the size of your claim. Tally the principal you are claiming (do not include interest or costs yet). Add documented out-of-pocket damages (e.g., repair invoices). In California, an individual can claim up to $10,000, and most businesses up to $5,000 in small claims. If your losses exceed those limits, decide whether to waive the excess or file a limited civil case instead.

Step 2: Review the Fee Schedule

According to California Courts: $30 (claims up to $1,500); $50 (claims $1,500.01–$5,000); $75 (claims $5,000.01–$10,000). If you have filed more than 12 small claims cases in the past 12 months, the fee is $100 per case. Budget these fees and remember some courts add small e-filing vendor charges if you file online. (Source: California Courts Self-Help – Small Claims)

Step 3: Prepare the Plaintiff’s Claim (Form SC-100)

Complete SC-100 with the parties’ names, correct addresses for service, and a short plain-English statement of what happened and how much is owed. Attach any essential exhibits (e.g., invoices, photos) and keep originals for the hearing. Calculate the correct filing fee from Step 2 to submit with your claim.

Step 4: File at the Correct Courthouse

Venue is usually where the defendant lives or where the dispute occurred. File in person, by mail, or electronically (where available). Pay the filing fee at the clerk window or online. Ask the clerk for the hearing date and confirm any local rules (e.g., mandatory mediation programs).

Step 5: Apply for a Fee Waiver (If Needed)

If you cannot afford fees, submit FW-001 (Request to Waive Court Fees) with supporting information (income, public benefits, financial hardship). If granted, your filing fee and some subsequent fees are waived or deferred, allowing your case to proceed without upfront payment.

Step 6: Pay Service Fees

After filing, serve the defendant with SC-100 and the hearing notice. Sheriff’s service often runs about $40–$75; registered process servers can vary. If the defendant is hard to reach, budget for multiple attempts or alternate service methods. Keep the Proof of Service for filing with the court.

Step 7: Budget for Extra Court Services

Plan for ancillary costs: certified copies ($10–$25), continuance motions, interpreter requests (often no cost if court-provided), and enforcement forms (e.g., writs). These add modest but real expenses—track them so you can request reimbursement if you win.

Step 8: Recover Costs if You Win

Ask the judge to award allowable costs—filing fees and reasonable service costs—when you present your case. If costs are granted, they are added to the judgment. Keep your receipts to prove amounts paid.

Step 9: Keep Records

Maintain a file with your stamped SC-100, fee receipts, server invoices, proof of service, and any certified copies. Good recordkeeping prevents delays, helps with reimbursement, and smooths enforcement if you win.

Step 10: Monitor Annual Claim Limits

Frequent filers (often businesses or property managers) should track filings; after 12 cases in a calendar year, each additional filing costs $100. Build this into annual legal budgets to avoid surprises and evaluate whether settlement or mediation is more cost-effective.

Costs Associated

The main cost is the filing fee ($30–$75 for most cases). Additional costs include service fees ($40–$75), certified copies ($10–$25), and possible enforcement actions. Low-income litigants may qualify for fee waivers to reduce or eliminate these expenses.

Time Required

Filing at the clerk’s office usually takes less than an hour if forms are complete. Service of process may take several days to weeks, depending on method. Court dates are typically scheduled 30–70 days after filing.

Limitations

• Costs may add up if service or enforcement actions are required.
• Businesses with frequent filings face higher fees after 12 cases annually.
• Even with fee waivers, litigants may still bear service expenses.

Risks and Unexpected Problems

• Fee waiver requests may be denied if income limits are exceeded.
• Service of process can cost more than anticipated if multiple attempts are needed.
• If the defendant cannot be located, filing costs may be wasted without a hearing.

Authoritative Resources

• California Courts – Small Claims Self-Help
• California Judicial Council Forms
• California Courts Self-Help Guide – Small Claims