Recently updated on October 20th, 2025 at 03:21 am

Overview

The statute of limitations in California small claims court refers to the legal deadlines by which a person must file their lawsuit. If a claim is not filed within the appropriate timeframe, the court will likely dismiss it, regardless of its merits. These limits ensure fairness and finality in disputes. The specific statute of limitations depends on the type of case being filed, such as breach of contract, property damage, fraud, or personal injury. Understanding these deadlines is critical because even strong claims can be lost if filed too late. Small claims court follows the same statutes of limitation as higher civil courts in California, and they can range from one year to four years or longer depending on the claim type.

For example, cases involving written contracts generally have a four-year limit, while oral contracts are subject to a two-year limit. Property damage also carries a three-year limitation period, and personal injury lawsuits must be filed within two years. Claims against government entities often require much shorter timelines and special administrative steps before filing in court. Knowing and observing these deadlines helps claimants protect their rights while preventing delays or case dismissals.

In short, the statute of limitations is a critical factor in California small claims cases, and anyone considering filing should determine the correct deadline that applies to their situation before moving forward.

Who Benefits and Who Can Apply

The statute of limitations serves the public by ensuring timely claims are brought forward. It protects both plaintiffs and defendants: plaintiffs benefit by having a clear timeline for action, while defendants are protected from very old claims where evidence may no longer be available. Individuals, tenants, landlords, small businesses, and consumers who wish to file in small claims must abide by these deadlines. Legal guardians, agents, or representatives filing on someone’s behalf are also bound by the same statutes of limitation.

Benefits of Understanding the Statute of Limitations

• Ensures claimants do not lose their right to sue due to missed deadlines.
• Provides certainty to both parties by setting clear legal timelines.
• Helps courts manage cases more efficiently.
• Encourages early resolution of disputes while evidence is fresh.

Step-by-Step Process

Step 1: Identify the Type of Claim

Begin by classifying your dispute into a well-recognized legal bucket because the statute of limitations (deadline to sue) depends on the claim type. In California, common small claims categories include written contract (often four years under Code Civ. Proc. § 337), oral contract (often two years under § 339), property damage to personal property (often three years under § 338(b)), personal injury (often two years under § 335.1), and fraud (often three years under § 338(d), with a discovery rule discussed below). Sales of goods may be governed by the Uniform Commercial Code with a four-year period (Com. Code § 2725), even if some terms are verbal. Mislabeling the claim does not necessarily lose the case, but it can cause you to pick the wrong deadline, so align your story with the most fitting theory. To do this efficiently, draft a concise narrative that answers: What was promised (or what duty existed)? What exactly happened and on what dates? How were you harmed financially, and for how much? Who are the parties, and are they individuals, businesses, or public entities? Keep your explanation factual, not argumentative; judges prefer short, well-supported statements anchored by documents (contracts, invoices, texts, emails, photos). For contract matters, identify whether the agreement was signed (written) or formed by words/conduct (oral/implied), and attach proof like signed pages, email confirmations, or payment records. For property damage or personal injury, gather photos, estimates, medical bills, or repair invoices and tie each dollar to the incident. For fraud, list the misrepresentation, who made it, when and how you relied on it, and what loss followed. If multiple theories plausibly apply, note the shortest likely deadline and treat it as controlling to stay safe. Finally, confirm small claims eligibility: you are seeking money only (no injunctions or evictions), and your total requested amount fits within the small claims caps described below. This classification step becomes your foundation for every timeline calculation that follows, your venue choice, and your exhibit list. If you are unsure between close categories (e.g., negligent misrepresentation vs. breach of contract), organize your evidence around dates and documents first; a clear chronology with labeled exhibits will let a judge see the proper legal fit even in an informal forum like small claims. (Source: California Courts – Small Claims)

Step 2: Calculate the Start Date

Once you know the claim type, determine when the limitations clock began to run. For many claims, the clock starts on the date of the breach or injury: the day a payment became due and was not made (loan due date), the day a contractor failed to deliver by a firm deadline, the date a collision occurred, or the date property was damaged. For contract accounts with multiple invoices, each unpaid invoice may have its own accrual date; use the one most relevant to the amount you seek. For installment loans, the due date for each missed installment can start a clock; if the agreement has an acceleration clause and you invoked it, the acceleration date may control. Some claims apply a “discovery rule” that shifts accrual to when you discovered, or reasonably should have discovered, the issue—commonly fraud or concealed defects. For example, if a seller concealed prior collision damage on a car and you found out months later through an inspection, the date of discovery (or the date a reasonable person would have discovered it) may start the clock for a fraud claim, while any straightforward contract claim might still run from the sale date. Be precise and conservative: write down the earliest possible accrual date and the date you can credibly support, then use the earlier for planning so you never cut it too close. Capture the date in a simple evidence-backed timeline that lists the triggering event, linked exhibit (invoice, text, police report, medical bill), and resulting loss. If events stretched over time (e.g., progressive water damage), note the first actionable harm and any later separate harms so you do not overlook items. If the other side promised to “fix it later,” remember that casual promises rarely extend deadlines unless they qualify as a legally effective written acknowledgment or new agreement; diarize using the original accrual to be safe. This disciplined dating exercise ensures you file on time and are ready to rebut any “time-barred” defense at the hearing with a crisp, document-anchored chronology.

Step 3: Review Applicable Exceptions

After marking your start date, evaluate whether any tolling (pausing) or extension rules apply and document them rigorously. Classic tolling scenarios include minority (the plaintiff is under 18), legal insanity, bankruptcy’s automatic stay, and certain periods of absence from California by the defendant. Additionally, fraudulent concealment can equitably toll a statute until discovery when a defendant actively hides wrongdoing. Government-related claims have their own presentment deadlines (see Step 10) that interact with statutes; timely filing a government claim and waiting for the entity’s response or deemed rejection can affect when you may sue. Beware that tolling rules are technical and fact-dependent: for example, some absence-from-state tolling is narrowed by constitutional considerations and case law, and bankruptcy tolling turns on who filed and what the claim targets. If you rely on tolling, maintain precise records of start and end dates (e.g., date of 18th birthday; dates of a bankruptcy stay; dates you first learned of concealed facts). Courts expect proof—not assumptions—so print the order establishing a stay, the birth certificate, or the correspondence that shows concealment and discovery. Also consider written acknowledgments or partial payments by a debtor; in some contexts, they can reset or extend the time to sue, but the safest course is to treat them as supportive evidence, not a substitute for filing. Finally, do not double-count extensions: if multiple tolling grounds overlap, the pause period generally isn’t stacked beyond its actual duration. Your aim is a defensible, conservative deadline: compute it without tolling, then compute it with tolling, and file by the earliest date. Bring a one-page “limitations worksheet” to your hearing that lists your base period, accrual date, any tolling with citations or exhibits, and your filing date, so you can quickly defeat a statute-of-limitations defense and move the court to the merits.

Step 4: Consult California Code of Civil Procedure

Verify your deadline by checking the governing statutes rather than relying on memory or internet lists. California places most limitations rules in the Code of Civil Procedure (generally §§ 335–349.4), while certain commercial claims use the Uniform Commercial Code and specialized statutes. For quick orientation: many written contract actions are four years (§ 337); many oral contract actions are two years (§ 339); property damage to personal property is often three years (§ 338(b)); personal injury is often two years (§ 335.1); fraud is often three years from discovery (§ 338(d)); and sale-of-goods breach of contract is typically four years (Com. Code § 2725). These are guideposts, not legal advice; unique statutes can displace the general rule depending on your facts (e.g., claims on a note, construction defects with special statutes of repose, or claims against design professionals). When you check the statute, jot the section number and a short note explaining why it applies to your facts. If you find two arguably applicable statutes, plan to satisfy the shorter one. Also note any pre-suit requirements referenced by the statute (for example, special notices or claims presentment). Incorporating the exact code citation into your SC-100 description isn’t necessary, but having it ready strengthens your credibility in court and helps you respond crisply if the defendant argues that you sued too late. Keep a printed copy of the relevant section in your exhibit packet, highlighted for the judge’s convenience, and ensure your accrual math matches the statute’s wording (“accrues,” “discovery,” “injury,” “breach,” “entry of judgment,” etc.). This simple check lowers risk and keeps your filing strategy on track.

Step 5: Determine Small Claims Jurisdiction

Confirm that your claim is for money only and within the small claims dollar limits. In California, individuals can generally sue for up to $10,000, while corporations and many entities are capped at $5,000. You cannot split a single dispute into multiple suits to evade the cap. If your losses exceed the cap, decide whether to waive the excess to remain in small claims (faster, simpler, attorney representation generally not allowed at the hearing) or file in limited civil court to pursue the full amount (more procedure, potential attorney involvement, discovery, motions). For multi-defendant situations, the cap applies per case, and naming additional defendants does not multiply your ceiling; instead, allocate liability among them within the cap. Jurisdiction also includes venue—file in the county where the defendant lives or does business, where the contract was made or to be performed, or where the harm occurred. For businesses, use the correct legal entity name (e.g., LLC or corporation) from receipts or the Secretary of State’s search; suing a trade name risks collecting problems. Finally, ensure your claim type is permitted: small claims cannot grant injunctions, evictions, or family-law orders, and it will not decide immigration or custody disputes. Completing this checkpoint before you calculate deadlines prevents wasted filings and helps you prepare a focused SC-100 that a clerk will accept without issue.

Step 6: Prepare Your Claim Before Deadline

Work backward from your deadline and assemble every document needed to tell a tight, date-driven story. Create a one-page chronology (left column = date; right column = event; exhibit reference) and a simple damages ledger listing each amount and its proof (invoice, receipt, estimate, bank record). Then complete Judicial Council Form SC-100 (Plaintiff’s Claim): accurately identify parties (legal names), state your claim in plain language, list the amount requested, and attach additional pages if necessary for clarity. If you’re close to the limitations cutoff, aim to file weeks early to cushion against unexpected issues like e-filing rejection, clerk counter closures, or missing signatures. Consider sending a short, professional demand letter before filing—many local courts encourage this, and it can lead to quick resolution; include your deadline math and invite payment by a calendar date before your statute expires. If you rely on tolling or discovery, prepare a short addendum explaining those dates and the exhibits proving them, so the clerk or judge isn’t surprised later. For photos and screenshots, print clearly and label them; illegible images frustrate judges and undercut credibility. If your claim involves specialized rules (warranties, government claims, UCC), include those citations in your notes. Finally, proofread the SC-100 for venue, amounts, and defendant names; errors here can force refiling after the deadline. Preparing early and with checklists is the simplest way to transform a risky, last-minute filing into a smooth, timely case.

Step 7: File the Claim

File at the correct superior court location by e-filing (if enabled), mail, or in person. The critical point: the statute of limitations stops running only when the court receives and accepts your filing—ideally evidenced by a file-stamped SC-100 with a case number. E-filing submissions can be rejected for technical reasons (missing signatures, wrong party names, fee issues), and a rejection does not preserve your date; resubmission after the deadline may be untimely. To mitigate this, file early and monitor your e-filing portal until you see “accepted” with a timestamp on or before the last permissible day. If filing by mail, allow extra time and request the clerk return a conformed copy; mailed items that arrive late will not relate back merely because you sent them earlier. If filing at the counter, bring two copies and ask for a conformed stamp on your copy. Pay the correct filing fee or submit a fee-waiver request with complete financial disclosures. Keep your receipt and any portal confirmation. Immediately calendar the hearing date once assigned and calculate the last day to serve the defendant under small claims service rules, which are separate from the statute of limitations but equally unforgiving. Filing early also offers breathing room if you discover a naming mistake or venue issue and need to amend and re-serve before the hearing.

Step 8: Serve the Defendant

Proper, timely service ensures your case is heard on the merits rather than delayed or dismissed. Service does not extend the statute of limitations (that’s governed by filing), but failing to serve correctly can derail your hearing. In small claims, you generally cannot serve the papers yourself. Use the sheriff (where available), a registered process server, or an adult who is not a party; some courts allow certified mail by the clerk for out-of-county service. Confirm your court’s deadlines: defendants typically must be served a set number of days before the hearing, with more time required for out-of-county addresses. Choose a method with reliable proof—personal service is strongest, substituted service at a dwelling or usual place of business requires follow-up mailing and detailed declarations. For businesses, serve the registered agent or the authorized officer; verify the agent’s name and address via the Secretary of State’s records. After service, complete and file the Proof of Service form by the court’s deadline; bring extra copies to the hearing. If service attempts fail, file early enough to request a continuance and keep the case alive. When a defendant purposely evades service, meticulous logs from your server (dates, times, observations) and alternative addresses (workplace, mailing) support the court’s discretion to continue rather than dismiss. Treat service as a project plan with milestones: assign the server, verify addresses, attempt promptly, and confirm filing of proofs. This discipline keeps your timely-filed case on track toward a decision.

Step 9: Attend the Hearing

Come prepared to neutralize any statute-of-limitations defense in two minutes, then pivot to the substance of your claim. Bring your one-page limitations worksheet: the claim type and controlling code section, the accrual date with exhibit citation (e.g., invoice due 05/02/2023, Ex. B), any tolling with exact dates and supporting documents (e.g., bankruptcy stay 07/01/2023–11/15/2023, Ex. G), and your filing date (accepted 04/25/2025). If the defendant argues “you sued too late,” hand up the worksheet and point the judge to the highlighted statutes and exhibits; clarity ends the debate quickly. Next, present the merits using your chronology and damages ledger. Small claims is informal: keep testimony crisp, use plain English, and show—not tell—how each dollar ties to a document. Anticipate common pushbacks: for contracts, the other side may allege late discovery or claim a shorter statute; for fraud, they may argue you should have discovered earlier; for injury, they may attack causation. Have a one-sentence reply for each, grounded in dates and exhibits. If you are raising discovery or tolling, explain why it is reasonable (e.g., concealed VIN history discovered on 06/10/2024 via Carfax; landlord’s itemization sent months late; minor turned 18 on 03/01/2025). Bring two exhibit sets (court and opposing party) with tabs and legible printouts; judges appreciate organization and often rule more confidently when evidence is orderly. Finally, be ready to discuss settlement in the hallway; if you settle, ask for a stipulated judgment or dismissal with terms so enforcement is clear. A focused, document-driven appearance maximizes your odds of a fast, favorable ruling.

Step 10: Collect Judgment

If you win, the statute of limitations that mattered was the deadline to file; now different time rules govern enforcement. In California, a money judgment is generally enforceable for 10 years and can be renewed for an additional 10 years, letting you collect over time if the debtor cannot pay immediately. Start with voluntary payment: send the debtor a copy of the Notice of Entry of Judgment and a short demand with a due date. If unpaid, use post-judgment tools: an Application for Order of Examination to question the debtor under oath about income, bank accounts, and property; a Writ of Execution to garnish wages or levy bank accounts through the sheriff or levying officer; and an Abstract of Judgment to place a lien on real property. Add allowable costs (filing and service fees) and post-judgment interest to the balance as permitted. Keep meticulous records of amounts collected, employer responses, and bank levy results so you can update the court and avoid over-collection. If the debtor offers a payment plan, put it in writing with dates, amounts, and consequences for default; you can still maintain liens while accepting installments. Periodically check for debtor asset changes (new employment, property acquisitions). If the judgment nears its 10-year expiration and remains unpaid, calendar the renewal process well in advance; renewal preserves your liens and collection rights for another decade. For government debtors, coordinate with the agency’s claims or finance unit; for business debtors, confirm the correct entity to avoid levying the wrong account. With a disciplined, patient approach—starting with voluntary collection and escalating to lawful enforcement—you can convert a timely-filed judgment into real recovery over time without jeopardizing your rights or missing critical renewal deadlines.

Costs Associated

Filing fees ($30–$75 depending on claim amount), service of process ($40–$75), and document preparation costs may apply. Statute-of-limitations issues don’t change these fees—but filing late can cost you the entire claim if dismissed as time-barred.

Time Required

Common deadlines: two years for oral contracts and personal injury; three years for property damage; four years for written contracts. Claims against government entities usually require an administrative claim within six months (with limited exceptions) before filing in court. Start early to preserve your rights.

Limitations

• Failure to file within the statute almost always bars the claim.
• Calculating tolling/discovery accurately can be complex.
• Exceptions are narrow and must be proven with evidence.

Risks and Unexpected Problems

• Misidentifying the start date (e.g., confusing discovery vs. injury date).
• Overlooking tolling rules or government-claim prerequisites.
• Waiting too long and encountering clerk office closures or e-filing outages on the last day.

Authoritative Resources

• California Courts – Small Claims Self-Help
• California Code of Civil Procedure
• California Judicial Council Forms