How To File A Small Claims Case In California
Recently updated on October 15th, 2025 at 05:50 am
Overview
Filing a small claims case in California is a streamlined way for individuals and some businesses to resolve money disputes without full civil litigation. Small claims is intended to be faster, less formal, and less expensive: you generally use Judicial Council forms (most commonly SC-100), file at the superior court serving the county with proper venue, serve the defendant with the notice, attend a short hearing where evidence is presented succinctly, and — if you win — take steps to collect the judgment. For most individuals the current small claims limit is $12,500; for many business entities the limit is $6,250. The process emphasizes self-representation (attorneys are usually not allowed to speak for parties at the hearing), plain-language forms, simplified procedures, and relatively low filing fees (commonly between $30–$100, depending on the amount and filing history). Some claims (for example, certain government claims or specialized disputes) have special rules or prerequisites; additionally, winning a judgment does not guarantee payment — collection often requires separate enforcement steps like garnishment or levies. The California Courts self-help pages and Judicial Council forms are the authoritative starting points: they tell you how to check jurisdiction, complete SC-100, serve papers correctly, prepare evidence for your hearing, and pursue post-judgment collection or appeals if necessary.
Who typically benefits and who can apply (including on behalf of someone else)
Small claims is most useful for people with straightforward monetary disputes who want a quick, low-cost forum. Typical users include tenants seeking return of security deposits, consumers and customers seeking refunds or compensation, individuals owed money on personal loans, people recovering modest property-damage or repair costs, and small businesses (subject to business limits). A plaintiff must generally be the original owner of the claim (assignments have limits). Individuals (natural persons) may sue up to the individual monetary limit; business entities have a lower limit and certain entities (like collection agencies trying to collect assigned debts) are sometimes restricted from suing in small claims. Parents or guardians may generally file for minors (or a conservator for a conservatee) as allowed by the rules; an authorized agent can file if properly designated. Because rules differ by case type and defendant, check the Judicial Council SC-100-INFO and your county’s small claims self-help pages for precise eligibility and representation rules.
Benefits of small claims in California
- Faster resolution than regular civil court and simplified procedures.
- Lower cost: reduced filing fees and limited pretrial discovery.
- Designed for non-lawyers: plain-language forms (SC-100, SC-100-INFO) and self-help resources.
- Ability to obtain a court judgment enforceable by standard collection tools.
Detailed step-wise process (10 steps)
Step 1 — Decide whether small claims is appropriate (what qualifies and what doesn’t)
Small claims court exists to provide a quick, inexpensive, and accessible way for individuals and smaller business entities to resolve relatively low-value disputes without the formalities of traditional civil litigation.
Before taking any step, the plaintiff must confirm that the dispute fits within the jurisdictional scope set by Cal. Code Civ. Proc. (CCP) §§ 116.110–116.950. The limits are strictly monetary: an individual (natural person, including a sole proprietor operating under the individual’s own name) may sue for up to $12 500, while most business entities—including corporations, partnerships, and government bodies—are limited to $6 250 (CCP § 116.221).
Claims exceeding these caps must be filed as limited or unlimited civil actions in superior court.
The small-claims division hears actions that demand money only; the court cannot grant injunctions, order someone to perform or refrain from an act, determine title to property, or award attorney fees beyond narrow statutory costs (§ 116.220).
Typical eligible disputes include unpaid personal loans, damage to property, consumer refunds, or security-deposit recoveries. Conversely, small claims is inappropriate for family-law issues, probate, unlawful detainer, or matters governed by specialized administrative bodies such as the Labor Commissioner (Lab. Code § 98 et seq.).
The plaintiff should also verify that no arbitration clause controls the dispute.
Many retail contracts, service agreements, and employment documents include binding arbitration provisions enforceable under the Federal Arbitration Act (9 U.S.C. § 1 et seq.).
If such a clause exists and the defendant invokes it, the small-claims case may be stayed or dismissed.
Similarly, certain defendants—government agencies and public entities—require a preliminary written “Government Claim” under Gov. Code §§ 905 and 910 before any court action can proceed.
Missing that prerequisite permanently bars recovery.
Small claims also excludes most assigned claims. Under CCP § 116.420, a person who purchased or received an assignment of a debt for collection generally may not sue in small claims.
The original owner of the claim must file personally. The law’s intent is to preserve the forum for genuine individual grievances rather than commercial collection activity.
Evaluate collectability as part of your filing decision. Even if you win, enforcement requires time, diligence, and often additional costs (for writs, levies, or garnishments).
Before filing, determine whether the defendant has steady wages, bank accounts, or real property that could satisfy a judgment. The California Courts Self-Help Center suggests conducting basic due diligence such as reviewing county-recorder indexes or Secretary-of-State business filings.
Finally, consider frequency restrictions. Plaintiffs may file an unlimited number of small claims not exceeding $2 500 each, but only two per calendar year for amounts greater than $2 500 (§ 116.231).
This limitation prevents serial high-value filings and ensures equitable access to the forum.
If after review your dispute fits within these boundaries, small claims is appropriate.
If it does not—because the amount exceeds limits, an injunction is sought, or statutory prerequisites are unmet—pursue a limited civil action or mediation.
Judicial Council form SC-100-INFO and the California Courts “Start a Small Claims Case” guide provide authoritative checklists to confirm jurisdictional fit before you invest any time or fees.
Step 2 — Confirm venue, proper defendant name, and jurisdictional details
Once jurisdictional eligibility is confirmed, determine the correct venue—the county and courthouse where the case must be filed.
Venue rules appear in CCP § 116.370 and largely mirror the general civil rules (§ 395): file where the defendant resides, where the obligation arose, or where the property damage occurred.
Improper venue can lead to dismissal or transfer, wasting time and fees.
For consumer-contract cases (§ 395(b)), venue must be where the buyer signed the contract, resides, or the goods or services were provided.
In landlord-tenant disputes over deposits or rent, venue lies where the rental property is located.
When multiple defendants are involved, venue is proper in any county where one resides or does business.
Accurate identification of the defendant’s legal name and entity type is critical for valid service and later enforcement.
For individuals, use the full legal name.
For corporations or LLCs, check the Secretary of State’s business search (bizfileonline.sos.ca.gov) to confirm the registered name and agent for service (Corp. Code §§ 1502 and 17701.13).
If the defendant operates under a fictitious business name (DBA), list both: “Jane Smith dba Smith Design Studio.”
For partnerships, include each partner individually if joint liability is alleged.
Government-entity defendants require additional compliance.
Plaintiffs must first file an administrative claim under Gov. Code § 910 et seq. within six months of the incident and wait for rejection or expiration before proceeding.
Failure to do so deprives the court of jurisdiction (Gov. Code § 945.4).
Attach proof of claim rejection when filing your SC-100 to demonstrate compliance.
For cases involving real property, verify boundaries or ownership through the county recorder.
If the dispute involves mobile homes or vehicles, record title information from the Department of Motor Vehicles.
Accuracy avoids later enforcement issues—writs and abstracts must precisely match the defendant’s name on title documents.
Lastly, confirm filing-frequency limits under CCP § 116.231 and the plaintiff’s standing.
Corporations and partnerships must appear through an authorized employee or agent, not counsel (§ 116.540(b)), and must bring photo ID or a written authorization.
Parents or guardians may file for minors; conservators may file for conservatees with court documentation (§ 116.540(a)).
A brief pre-filing checklist should confirm: (1) venue, (2) jurisdictional limit, (3) proper defendant identity, and (4) standing or authorization.
Courts frequently reject claims for errors in these areas.
LegalAtoms workflows automatically validate many of these fields, reducing rejection rates and ensuring that filings reach the correct county and division on the first attempt.
Step 3 — Complete SC-100 and supporting paperwork
Judicial Council form SC-100 Plaintiff’s Claim and Order to Go to Small Claims Court is the foundational pleading (CCP § 116.310).
The form is mandatory statewide under Cal. Rules of Court Rule 1.35 and must be the current revision (check the lower-left corner for revision date).
Download the official PDF from courts.ca.gov/forms—third-party copies risk rejection if outdated.
Fill in the caption boxes carefully: court address, plaintiff(s), defendant(s), and any additional parties listed on attachment SC-100A.
Use the same names verified in Step 2. Errors in spelling or entity type cause enforcement problems later.
Under “Why are you suing?”, give a short factual summary (who, what, when, where, and why).
Avoid legal jargon; write in plain English—e.g., “On May 12 2024, defendant failed to refund $1 500 security deposit after I moved out.”
Attach extra pages labeled “Attachment to Item 3” if space runs out (Rule 2.111).
List the total amount claimed, excluding future interest or costs unless specifically allowed (CCP § 116.610(c)).
If claiming property damage, include repair estimates or receipts.
If claiming unpaid wages, attach pay stubs or correspondence.
Do not round numbers arbitrarily; specificity shows preparation and credibility.
Sign the verification block under penalty of perjury (CCP § 2015.5).
Unsigned forms are void. Digital signatures must meet Rule 2.257 if e-filing.
If multiple plaintiffs sign, ensure each signature line corresponds to a name on page 1.
If you cannot afford the filing fee, complete FW-001 Request to Waive Court Fees and attach supporting documentation (Gov. Code § 68631).
Include FW-003 Order on Court Fee Waiver for the clerk’s convenience.
Fee-waiver determinations are confidential and do not appear on the public docket (§ 68634.6).
Before filing, perform a thorough review: confirm addresses, totals, attachments, and signatures.
Print at least three copies—one for filing, one for service, one for your records.
LegalAtoms’ digital workflow generates these automatically and locks the revision date to prevent outdated versions.
Accurate completion of SC-100 ensures clerks can process your claim promptly and prevents costly rejection at intake.
Step 4 — Filing, fee payment, and scheduling
Filing converts your paperwork into an official case. Under Cal. Code Civ. Proc. (CCP) § 116.330, the act of submitting the SC-100 Plaintiff’s Claim to the clerk begins the proceeding and triggers the statutory timeline for service and hearing. Always file in the correct superior court branch for your venue. Large counties such as Los Angeles, San Diego, and San Bernardino have multiple small-claims locations; check the county’s small-claims filing locator before visiting.
Most counties accept (1) in-person filing at the clerk’s window, (2) filing by mail, and (3) electronic filing (e-filing) through approved service providers. E-filing is governed by Cal. Rules of Court 2.250–2.261 and is mandatory in certain jurisdictions (e.g., Orange County Superior Court). If you file in person, bring three complete sets of SC-100 and attachments: the original for the court, one for service, and one for your records. The clerk will stamp “Filed” and assign a case number that must appear on all future documents.
Pay the appropriate filing fee at the counter or electronically. Fees are set by Gov. Code § 70613 and the Judicial Council’s Statewide Civil Fee Schedule: approximately $30 for claims ≤ $1 500, $50 for claims up to $5 000, and $75–$100 for larger claims (up to the small-claims cap). If you cannot afford the fee, submit a completed FW-001 Request to Waive Court Fees. The clerk forwards it for review under Gov. Code §§ 68630–68641; processing takes about one business day.
Once accepted, the clerk sets a hearing date not less than 20 and not more than 70 days after filing (CCP § 116.330(b)). The date and department number appear on page 1 of SC-100, which also serves as your official Notice of Hearing. Some courts mail a separate confirmation; others rely entirely on the conformed copy returned to you.
If the clerk finds errors (missing signature, wrong venue, outdated form), the packet will be returned for correction. Filing is deemed effective only upon acceptance (Rule 2.259(c)). LegalAtoms workflows automatically validate each mandatory field and version tag before submission, minimizing returns and saving staff time.
After filing, review deadlines for service: 15 days before the hearing if the defendant is served within the county, 20 days if outside (CCP § 116.340(a)). Calendar these dates immediately and keep your receipt or electronic confirmation as proof of filing. The court will not hear your case without proof of timely service.
Always retain the clerk-stamped copy of SC-100. This document confirms that the claim is pending and may be required to prove filing date when serving or negotiating settlement. For e-filings, download the PDF bearing the digital file-stamp metadata. Failure to save the stamped copy is a common error that complicates later enforcement and appeal.
Step 5 — Service of process and proof of service
Proper service is a jurisdictional requirement; without it the court cannot enter judgment (CCP § 116.340). You must serve each defendant with a file-stamped copy of SC-100 and the Notice of Hearing. Service ensures that the defendant has actual notice and an opportunity to appear, a due-process right under the Fourteenth Amendment.
Acceptable methods include:
- Personal service (§ 415.10): Delivery by a non-party adult ≥ 18 years old (sheriff, marshal, or registered process server). This is the most reliable method and creates strong proof of service.
- Substituted service (§ 415.20): Leaving papers with a responsible adult at the defendant’s home or usual business and mailing a copy the same day. The server must describe the person served on the proof form.
- Certified mail by the clerk (§ 116.340(b)): Some courts offer this service for an extra fee; the clerk mails the claim and returns a certificate if delivery is accepted. If returned undelivered, you must re-serve.
Defendant type dictates method. Serve a corporation or LLC through its registered agent listed with the Secretary of State (Corp. Code § 1701); serve a government entity on its clerk or secretary (Gov. Code § 915(a)). Improper recipient invalidates service.
Deadlines are strict: 15 days before the hearing if the defendant is in-county, 20 if out-of-county (CCP § 116.340(a)). Missing the deadline requires a continuance or refiling. Courts rarely waive this rule.
After service, the server completes the appropriate proof form—SC-104 Proof of Service for personal or substituted service or SC-104A/B for mail service. The proof identifies the date, time, place, and manner of delivery and must be signed under penalty of perjury (§ 417.10). File it with the court immediately or bring it to the hearing. No proof = no judgment.
If you cannot locate the defendant after reasonable diligence, request alternate service by motion under § 413.30. The judge may authorize service by posting, publication, or electronic means in rare cases. Keep detailed search records; the court will evaluate “reasonable diligence.”
LegalAtoms platforms automatically generate deadline alerts and accept upload of signed proof forms for audit tracking. Following these procedures ensures jurisdiction and avoids one of the most common dismissal causes in California small-claims court.
Step 6 — Prepare evidence, witnesses, and courtroom presentation
Preparation for the hearing determines outcome. Small-claims hearings are informal but still require coherent presentation of evidence (CCP §§ 116.510–116.530). You carry the burden of proof by a preponderance of the evidence (Evid. Code § 115). Judges expect facts and documents organized logically and presented succinctly.
Begin by listing every fact you must prove and the document or witness that supports it. Typical exhibits include contracts, invoices, estimates, receipts, photographs, emails, and texts. Each exhibit should be numbered and referenced in a brief outline. Bring three copies (one for the judge, one for the defendant, and one for your records). Avoid submitting original bank cards or phones—print screenshots or make color copies instead.
If witnesses are necessary, serve a Small Claims Subpoena (SC-107) or a Subpoena for Personal Appearance and Production (SC-134) at least 10 days before the hearing (CCP § 1987). Tender the statutory daily fee ($35 plus mileage, § 1986.5) with the subpoena. Failure to serve properly renders the subpoena void.
Rehearse a five-minute summary explaining what happened, why the defendant owes money, and how you calculated the amount. Judges value clarity and brevity. Avoid interrupting the defendant or debating legal technicalities—stick to facts and documents. Your goal is to show that your version of events is more probable than not.
Check your court’s local rules on remote appearances (Rule 3.672). Some courts allow Zoom hearings or electronic exhibit submission. If so, upload files at least five days before the hearing and label each clearly (“Exhibit A – Lease Agreement”). Technical failures are the litigant’s responsibility; test equipment in advance.
Mediation is encouraged (CCP § 116.520(c)). Many courts offer same-day mediation before the hearing. If a settlement is reached, reduce it to writing and file it as a Stipulated Judgment (§ 664.6). Settlements save time and ensure collectability because terms are agreed voluntarily.
Finally, review the courthouse layout and rules on electronic devices, dress code, and check-in procedures. Arrive 30 minutes early with photo ID and your organized packet. Professional demeanor builds credibility. LegalAtoms users receive automated checklists mirroring this process to standardize quality across counties.
Step 7 — At the hearing: presenting your case and receiving the judgment
Hearings are governed by CCP §§ 116.510–116.570. They are informal bench trials presided over by a judge or commissioner. Neither side may be represented by an attorney at trial (§ 116.530), so clear communication and organization are paramount.
Arrive early and check in with the clerk or bailiff. If you are late and your case is called, it may be dismissed (§ 581(b)(5)). When the judge calls your case, both parties are sworn in (Evid. Code § 710). You will have only a few minutes to explain your case—usually five to ten. Follow a simple structure: (1) what happened, (2) what evidence supports it, (3) what you are asking for.
Provide documents to the clerk when directed and point out relevant sections concisely. Avoid handing disorganized papers. If you have photographs, identify date and subject. If the defendant offers evidence, listen respectfully and take notes. Judges notice demeanor and cooperation.
The defendant may assert defenses or a counterclaim (Form SC-120). Address each point calmly, referring to your exhibits. If either party needs more time to produce key evidence, the court may continue the matter (§ 116.530(a)).
Most judges announce decisions orally or take them “under submission” for later mailing. When issued, you will receive Form SC-130 Notice of Entry of Judgment. This starts the 30-day period for appeal or voluntary payment (§ 116.610). Review the judgment carefully to confirm the amount and any payment schedule.
If you win, politely ask the judge whether the defendant must pay immediately or within a set time. Do not discuss collection in open court beyond confirming basic procedures; collection steps are covered post-judgment (see Step 8). If you lose, ask the clerk about appeal rights. Judges appreciate litigants who remain professional regardless of outcome.
Maintain composure and thank the court before leaving. Courtroom decorum contributes to credibility in later enforcement or appeals. LegalAtoms’ guidance videos simulate this hearing sequence so litigants and clerks can practice efficient, uniform presentation techniques.
Step 8 — After the judgment: collecting the money and enforcement tools
Winning in small claims court provides a judgment — a legal declaration that the defendant (now “judgment debtor”) owes you money — but it does not automatically result in payment. Enforcement is your responsibility. Under Cal. Code Civ. Proc. (CCP) §§ 116.820–116.880, you may begin enforcement 30 days after the Notice of Entry of Judgment (SC-130) is mailed, unless the debtor files an appeal. Within this 30-day period, contact the debtor informally to request payment. Many debtors will pay voluntarily to avoid wage garnishment or credit-report issues. Always provide written documentation of payments received.
If voluntary payment fails, the first enforcement step is obtaining information about the debtor’s assets. Send the Judgment Debtor’s Statement of Assets (SC-133); debtors must return it within 30 days (CCP § 116.830). If they ignore it, you may request a court-ordered Debtor’s Examination (EJ-125 Application and Order for Appearance and Examination) under § 708.110. At that hearing, the debtor appears under oath to disclose income sources, bank accounts, and property. Failure to appear can trigger a bench warrant (§ 708.170).
With that information, pursue one or more collection methods:
- Writ of Execution (EJ-130) — Authorizes the sheriff to seize non-exempt property, garnish wages, or levy bank accounts (CCP § 699.510). The writ is valid for 180 days and may be re-issued.
- Earnings Withholding Order (WG-002) — Used to garnish wages (§ 706.010 et seq.). Serve the employer with the order and required notices; funds are deducted until the judgment is satisfied.
- Bank Levy — The sheriff serves the bank holding the debtor’s account; funds are frozen and turned over after statutory waiting periods (§ 700.140).
- Abstract of Judgment (EJ-001) — Recording creates a lien on the debtor’s real property for 10 years (§ 697.310), renewable (§ 683.110).
Each enforcement action requires small fees (recoverable as costs under § 685.070). Track every expense and keep copies of receipts; you may later add those costs to the judgment total. When any portion of the debt is paid, file a partial acknowledgment; when the debt is fully satisfied, file an Acknowledgment of Satisfaction of Judgment (SC-290 or EJ-100) within 15 days (§ 724.030). Failure to do so can result in statutory penalties (§ 724.050).
Collection can take time. Judgments accrue simple interest at 10 percent per year (§ 685.010). Keep records of all correspondence, payments, and enforcement actions. LegalAtoms automates these calculations and stores proof-of-service and writ-tracking data to assist courts and litigants in maintaining compliance with enforcement rules.
If the debtor files bankruptcy, enforcement halts automatically under the federal automatic stay (11 U.S.C. § 362). You may file a proof of claim in the bankruptcy but must cease all collection outside that court. Always check the status before proceeding with levies or garnishments to avoid sanctions.
In summary, enforcement transforms a paper judgment into tangible recovery. Diligence, documentation, and strict adherence to statutory procedure ensure that a favorable judgment leads to real compensation.
Step 9 — Appeals, post-judgment motions, and responding to appeals
The losing party in a small-claims case may have the right to appeal, but the rules are narrow and time-sensitive. Under CCP § 116.710, only the defendant may appeal a judgment on the plaintiff’s claim; either party may appeal a judgment entered on a counterclaim. Appeals are heard in the superior-court civil division as a new trial (de novo) before a different judicial officer (§ 116.770). Prior testimony and exhibits are not automatically considered; you must present your case again.
The notice of appeal must be filed within 30 days after mailing of the Notice of Entry of Judgment (SC-130). Use SC-140 Notice of Appeal (Small Claims) and pay the filing fee specified in Gov. Code § 70615. Failure to file on time waives the right to appeal. Filing an appeal stays enforcement of the judgment (§ 116.810), meaning the plaintiff cannot collect until the appeal concludes.
Upon receiving notice that the other party has appealed, prepare your documents anew. Gather the same exhibits and witnesses used in the original hearing. If you are the respondent (the winner below), consider negotiating settlement; appeals reset the process, and fees and time may exceed the judgment amount. At the appeal hearing, both parties may have legal counsel (§ 116.780(a)), unlike the original small-claims trial.
Other post-judgment remedies include motions to vacate or correct clerical errors. A losing party who did not attend the hearing may file a Motion to Vacate the Judgment (SC-135) within 30 days of mailing (§ 116.720(a)); if served outside California, within 80 days. The motion must show good cause (e.g., lack of notice). If denied, the movant then has 10 days to file an appeal (§ 116.730).
After an appeal or motion resolves, final judgments become enforceable immediately. Always request a conformed copy of the final order and retain it with your case file. LegalAtoms’ digital workflows automatically update case status and trigger new enforcement reminders once the stay lifts.
Appeals in small claims are rare—fewer than 10 percent of judgments statewide—but they provide an essential safeguard for fairness. Understanding the narrow timelines and procedural differences ensures that neither party forfeits rights through delay or oversight.
Step 10 — Closing the case, judgment renewal, and lessons learned
Once enforcement and appeals are complete, close out your case properly. Maintain a permanent file containing:
- Stamped SC-100 and SC-100A (if any);
- Proofs of service (SC-104 series);
- Notice of Entry of Judgment (SC-130);
- Any writs, garnishments, or liens issued;
- Proof of payment or Satisfaction of Judgment (SC-290 / EJ-100).
Judgments remain enforceable for 10 years (CCP § 683.020). If not collected by then, renew it using SC-134 Application and Order to Renew Judgment. File before the 10-year mark to prevent expiration. Renewed judgments accrue additional interest but do not extend liens automatically; record a new Abstract of Judgment after renewal.
If you received payment in installments, maintain a running ledger of amounts and dates. Once paid in full, promptly file the Acknowledgment of Satisfaction within 15 days (§ 724.030). This releases liens and closes the court file. Neglecting to acknowledge satisfaction can damage the debtor’s credit and expose you to penalties under § 724.050.
From a policy perspective, California’s small-claims system aims to promote access to justice by simplifying procedure and reducing costs (§ 116.120). Once your case is closed, consider what preventive measures could avoid future disputes — for example, clearer contracts, written receipts, or mediation clauses. The California Courts Self-Help Center offers templates for standard agreements and rental forms to minimize repeat litigation.
For businesses, regular review of customer policies and documentation practices reduces exposure to small-claims actions. For individuals, keeping written records of transactions and communication is the most effective defense against future disputes. LegalAtoms incorporates these lessons into its workflow design — prompting users to capture receipts, agreements, and communications before issues escalate.
Proper closure completes the lifecycle of a small-claims case: eligibility assessment, filing, service, hearing, judgment, enforcement, and recordkeeping. With diligent compliance and organized documentation, litigants achieve the core statutory goal of the Small Claims Act — “speedy, inexpensive, and just resolution of minor civil disputes” (§ 116.120(b)).
Costs associated
Filing fees vary by claim amount and by filing history; typical small claims filing fees often fall between $30 and $100. Additional costs include service of process (process server or certified mail), copying and exhibit preparation, possible mediation fees, and enforcement fees (writs, garnishments). Fee waivers are available for those who qualify based on income; submit FW-001/FW-003 with your filing to request relief.
Time required
Timelines depend on county caseload and service complexity. Many courts schedule hearings within a few weeks to a few months after filing if service proceeds smoothly. If the defendant is difficult to serve, or if continuances, appeals, or enforcement actions occur, the process can extend to many months. Use your county court’s calendar for the most accurate timing.
Limitations of small claims in California
- Monetary caps (individuals: up to $12,500; many businesses: up to $6,250).
- No injunctive or equitable remedies in small claims court.
- Limited discovery and procedural tools compared with full civil litigation.
- Attorneys generally cannot speak for parties at the hearing (self-representation emphasis).
- Enforcement of a judgment is separate and may be difficult or costly.
Risks and unexpected problems
Common problems include incorrect party naming, improper venue, defective service, missed deadlines, insufficient evidence at the hearing, counterclaims by the defendant, and collection obstacles after judgment. Special complications include claims against government agencies (which may require an administrative claim first), arbitration clauses in contracts, or a defendant’s bankruptcy filing that stays collection. To reduce risks, follow Judicial Council form instructions, consult county self-help centers, and consider limited legal advice for complex issues.
Authoritative sources
- California Courts — Small claims pages and self-help: California Courts (judicial branch) small claims resources.
- Judicial Council of California — SC-100 (Plaintiff’s Claim) and SC-100-INFO (Information for the Plaintiff).
- Judicial Council / Statewide Civil Fee Schedule — fees and filing costs.
- County small claims self-help pages (examples: San Bernardino, Orange County, Alameda).
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