Small Claims Court California

Recently updated on October 17th, 2025 at 09:30 pm

Overview

Small claims court in California is a simplified, faster, and lower-cost court process designed so individuals, sole proprietors, and certain businesses can resolve money disputes and limited claims without full formal civil procedures. Most commonly, plaintiffs bring cases for unpaid debts, security deposit disputes, property damage, breach of contract or poor services. In general a natural person (including a sole proprietor) can ask for up to $12,500; businesses and other entities are generally limited to lower amounts (see exceptions set by statute). The process emphasises plain-language forms, limited fees, and an informal hearing where parties speak directly to the judge. Because strict rules of evidence and formal motions are largely relaxed, small claims is intended to allow people to present concise facts and supporting documents without hiring an attorney (though you may get legal advice beforehand). If you win, the court will issue a judgement you can try to collect; if you lose, appeals are limited and different from full civil appeals.

Who typically benefits and who can apply (including on behalf of someone else)

Intended users of small claims court are people or entities seeking to recover relatively modest sums quickly and affordably. Typical beneficiaries include consumers, renters seeking return of security deposits, contractors or homeowners with small construction disputes, people owed money on personal loans, individuals with property-damage claims from accidents, and small businesses (subject to limits). The process is especially helpful to people who cannot afford ordinary civil litigation costs or who want a quicker resolution without complex pretrial procedures.

Who can file: a natural person (an individual) can file for up to the personal limit (generally $12,500). A sole proprietor who operates under their personal name is treated as an individual for limit purposes; corporations, partnerships, and many formal business entities face lower monetary limits (see Judicial Council forms for exact classifications). A person may also file on behalf of someone else only in limited circumstances: a parent or guardian may typically file on behalf of a minor or a conservator may file for a conservator (check local court rules). Additionally, some small-claims forms allow an authorised agent to file if properly designated. If you are representing another adult who is competent, generally that adult is expected to appear or be represented in permitted ways under the rules—California restricts attorney participation at the hearing itself (except in limited circumstances such as appeals). Always check the court’s local rules and the SC-100/SC-120 form instructions for specifics.

Benefits of small claims in California

• Speed: shorter timeline from filing to hearing compared with standard civil cases.
• Lower cost: reduced filing fees and fewer procedural costs; fee-waivers are available for eligible litigants.
• Simplicity: forms are plain-language (SC-100 and helpers), informal procedures, simplified rules of evidence.
• Accessibility: designed for non-lawyers to represent themselves; self-help resources widely available from courts.ca.gov.
• Enforceable judgements: winning yields a judgement you can enforce through standard collection tools (writs, garnishment, levies).

Detailed step-by-step process (10 steps)

Step 1 — Check whether your dispute qualifies for small claims (scope, monetary limits, exceptions)

Before starting a small claims case, confirm that your dispute and the amount you seek fit small claims jurisdictional rules. For individuals, the typical maximum amount you may request is $12,500 (subject to statutory exceptions); businesses and other entities often face a lower cap (commonly $6,250 for many business entities, though rules can vary). Also review special rules for certain defendants (for example, claims against government entities may require a prior administrative claim and specific timelines). Check if any statute or contract requires arbitration or otherwise removes the dispute from court. Additionally, note limits on filing frequency: California restricts the number of larger small-claims filings a plaintiff may make in a calendar year (for example, limits on claims over certain dollar amounts). You should also determine the correct county to file in — generally where the defendant lives, the business is located, or where the contract was formed or the harm occurred.

Practically: gather the core facts (who, what, when, where), calculate the exact amount you will request (including allowable penalties or statutory sums if applicable), and confirm any prerequisites (e.g., a written claim to a government agency if suing a public entity). Use the California Courts “Before you start” and “Small claims index” pages to verify qualification and jurisdictional specifics.

Step 2 — Gather evidence and prepare your story (documents, witnesses, receipts, timeline)

One of the most important parts of preparing is creating a concise, credible record you can present at the hearing. Evidence matters even in small claims: you should collect contracts, invoices, repair estimates, photographs, emails, text messages, receipts, cancelled checks, bank statements, correspondence, inspection reports, and any other documents that directly support your claim. For oral testimony, prepare a clear timeline of events and a short opening statement (one to three minutes) that presents the facts in order — what happened, why the defendant owes money, and the specific amount requested. If witnesses will help, get their contact information and, if possible, written declarations or affidavits (some witnesses may not be able to appear; consider whether a witness can attend or provide a sworn statement). If physical evidence exists (damaged property), bring photos and measurements rather than bulky items when possible.

Label exhibits (Exhibit A, B, etc.) and bring multiple copies (one for the judge, one for the court file, one for the other party). Organise exhibits chronologically and reference them in your statement. Avoid extraneous or emotional material — judges focus on core facts and admissible documents. If you rely on calculations (damages, unpaid invoices, interest), show clear maths and cite the basis for any interest or fees you claim. Check the SC-100-INFO and county self-help materials for sample checklist items.

Step 3 — Fill out the correct forms (SC-100 and supporting forms) and choose the proper defendant names

To start a small claims case you generally complete the Plaintiff’s Claim and ORDER to Go to Small Claims Court (form SC-100). The SC-100 requires you to list parties accurately (use the defendant’s full legal name or business name), explain why you are suing, state the exact amount you request, and give the date and location of the events. Other forms you may use include the information sheet (SC-100-INFO), local court attachments, and, if necessary, fee-waiver forms (FW-001 and FW-003 in California). Accurate party naming is critical: suing the wrong legal entity (for example, a DBAs instead of the underlying corporation) can lead to dismissal or additional service complications. If you are suing a government agency, read the SC-100 instructions carefully — often a prior administrative claim must be filed and denied before the court will accept the small claims filing.

Step 4 — File the claim at the correct courthouse and pay (or request waiver of) filing fees

After completing forms, file them with the clerk at the appropriate superior court location for the defendant. California’s statewide civil fee schedule sets filing fees for small claims; fees typically range from $30 to $100 depending on the amount claimed and your filing history (higher fees may apply if you’ve filed many claims recently). If you cannot afford the fee, you can request a fee waiver by filing the court’s fee waiver forms; the clerk will evaluate eligibility based on income and expenses. Filing can often be done in person, by mail, or through some courts’ online e-filing systems — check your county’s procedures. When you file, the clerk will stamp the forms and provide a court date (the trial hearing). Keep a stamped copy and date the deadlines for service and hearing preparation.

Make sure to review whether additional fees will apply for serving the defendant, for certified mail (if used), or for other court services; these costs should be factored into your strategy. Use the Supreme Court / Judicial Council fee schedule and your county court’s small claims page for exact fee amounts and payment methods.

Step 5 — Serve the defendant correctly and evidence of service

After filing, the defendant must be given proper notice of the claim and hearing. California law specifies acceptable methods of service: personal delivery (in-person by a non-party adult), substituted service (leaving with a competent adult at the defendant’s usual residence or place of business and mailing a copy), or certified mail in some situations (and special rules for serving public entities). Service must be completed within the timeframe required by the court so the defendant has adequate notice before the hearing. The person who serves the papers (not the plaintiff if the plaintiff is over 18) must complete and sign a Proof of Service form (generally POS-010 or the small claims-specific proof), which is filed with the court to document service.

If service fails or is challenged, the court may continue the hearing or dismiss the case; therefore, follow the statutory and local rules carefully. If the defendant cannot be located, courts may allow alternative methods (for example, publication) only in narrow circumstances—seek guidance from self-help centers before proceeding. The Judicial Council and county pages provide step-by-step instructions and service forms.

Step 6 — Prepare for the hearing (what to say, how to present exhibits and witnesses)

Build a courtroom plan: a concise opening (2–5 minutes), your best exhibits in order, and questions for witness testimony if needed. Practice summarizing the case in plain language — judges value clarity. Arrive early, bring at least three copies of each exhibit (one for the judge, one for the other party, one for your file), and a neat exhibit list. If you expect complicated legal issues, prepare a short summary or a one-page chronology for the judge. Many courts permit or encourage mediation before the hearing; be ready to negotiate but know your bottom line.

During the hearing listen carefully, speak clearly, and avoid argumentative or repetitive statements. Stick to facts and documents; let the judge control procedure. Although you can get legal advice beforehand, parties are generally not permitted to have an attorney speak for them at the hearing itself (there are limited exceptions, and rules differ slightly for businesses and appeals). Review SC-100-INFO for practical tips on courtroom conduct and organisation.

Step 7 — At the hearing: presenting evidence, testimony, and the judge’s decision

At the hearing each party will have an opportunity to present opening remarks, evidence, and witness testimony. The judge may ask questions; keep answers direct and document-backed. The judge will weigh credibility, documents, and law, then issue an on-the-spot decision (often immediately after hearing or shortly thereafter). If the judge rules for the plaintiff, the court enters a judgement specifying the sum awarded (which may include court costs and allowable statutory fees). If the defendant wins, the case is dismissed. Note that the judge’s ruling in small claims is final in the trial court and the losing party has limited appeal rights: a defendant who loses may appeal in many cases (plaintiffs generally cannot appeal a judgement in their favour), but appeals follow different procedures and timelines — check the Judicial Council guidance.

Always obtain a certified copy of the judgement from the clerk for enforcement actions; the clerk’s office will provide instructions for collecting on a judgement.

Step 8 — If you win: collecting the judgement (enforcement tools and practical steps)

A judgement does not automatically result in payment. To collect, plaintiffs may use enforcement remedies such as wage garnishment, bank levies, debtor examinations, or liens against property. The court and county each provide forms and instructions for these enforcement actions (for example, wage garnishment forms and writs of execution). Before pursuing enforcement, attempt to collect voluntarily — send the judgement and a formal demand letter. If informal efforts fail, use the clerk’s office procedures to obtain writs or garnishments; note that collection may involve additional court costs and administrative steps. Keep accurate records of attempts to collect since some enforcement steps require proof of prior efforts.

Seek county-specific instructions from the clerk and use the Judicial Council’s enforcement forms; if the debtor files for bankruptcy, collection through state court may be stayed or limited.

Step 9 — If you lose or if the other side appeals: remedies and timelines

If you lose, your options are limited and depend on whether you were the plaintiff or defendant: a defendant generally can appeal a small claims judgement to the superior court (a new trial de novo is sometimes available), whereas plaintiffs have more restricted appeal rights (plaintiffs may not appeal a judgement in their favour, and plaintiffs may only appeal a judgement against them in narrow situations). Appeals require timely filing and payment of fees and may allow for a fuller record and counsel. If you believe the judge made a legal error or there was misconduct, consult the Judicial Council pages on appeals and your county’s self-help center for the exact deadline and forms (appeal deadlines are short — missing them typically forfeits the right to an appeal).

If the other party appeals, collection is usually paused until the appeal is resolved unless the plaintiff posts a bond or asks the court for relief; check the appeal rules carefully and consult local guidance.

Step 10 — Closing the file, record-keeping, and lessons for future prevention

Once the case is resolved and any judgement enforcement attempts are complete, close your records: keep copies of all pleadings, the judgement, proof of service, receipts for costs, and enforcement documents. Note how long judgements are enforceable in California and whether renewal steps are required (judgements have statutory lifespans and sometimes require renewal filings). Reflect on lessons learned and consider preventive contracts, receipts, clearer communication, or small claims mediation before future disputes to avoid litigation. Use the California Courts self-help index for post-judgement procedures and county clerk resources for renewal and record keeping guidance.

Costs associated

Typical costs include filing fees (commonly $30–$100 dependent on claim size and filing history), service costs (process server, certified mail), copying and exhibit preparation, potential mediation fees, and enforcement costs if you need garnishment or writs. If you lack funds, fee waiver forms are available and accepted under income-based standards. Consult the Judicial Council statewide civil fee schedule and your county court for precise current amounts and any local surcharges.

Time required

Timelines vary by county and caseload. After filing, a hearing is usually set within a few weeks to a few months depending on local calendars and whether service is straightforward. If matters proceed to collection or appeal, resolution can take additional months. In many counties the initial hearing is scheduled within about 20–60 days of filing, but check local court calendars for accurate expectations. Using mediation can sometimes shorten or resolve disputes before hearing.

Limitations of small claims California

• Monetary caps (e.g., $12,500 for individuals) limit recovery for larger disputes.
• Limited discovery and evidentiary procedures — fewer tools to compel complex document production.
• Restricted attorney participation at the hearing (generally attorneys cannot speak for clients at trial).
• Appeal rights are narrower and time-limited compared with full civil cases.
• Enforcement of a judgement may still be burdensome and uncertain (collection is not guaranteed).

Risks and unexpected problems

Common risks include improper service (leading to dismissal or continuance), suing the wrong legal entity, missing filing or service deadlines, inadequate evidence at hearing, or unexpected defenses by the other party (e.g., statute of limitations, arbitration clauses, counterclaims). Defendants may file counterclaims (a Defendant’s Claim form) that change the dynamic. If the defendant files bankruptcy, collection efforts may be stayed. Judgement debtors who move out of state or hide assets make enforcement difficult. There is also a risk of paying for filing and preparation time without collecting even if you win. To reduce risks, follow official form instructions carefully, use the court’s self-help materials, and consider mediation or obtaining limited legal advice before filing.

Authoritative sources

• California Courts — Small claims pages and self-help: California Courts – The Judicial Branch of California.
• Judicial Council of California — SC-100 (Plaintiff’s Claim) and SC-100-INFO.
• Judicial Council / Statewide Civil Fee Schedule (small claims fees).
• California Courts — Start a small claims case / how-to steps.