Overview

Small claims court in California provides an accessible way for people to resolve disputes without hiring a lawyer. It is designed to be faster, less formal, and less expensive than other courts. However, not every dispute qualifies for small claims court. The law specifies what types of cases can be filed, with the general requirement being that the dispute involves money up to $10,000 for individuals or $5,000 for businesses. The court does not handle divorces, child custody, immigration, or eviction cases but is commonly used for everyday financial disputes such as unpaid rent, loan defaults, property damage, and breaches of contract. Knowing which cases are eligible is important to avoid dismissal and wasted time.

The small claims process allows both plaintiffs and defendants to represent themselves. The judge will base decisions on facts and evidence, not legal technicalities. This makes it a popular choice for consumers, tenants, landlords, contractors, and small business owners who need resolution for smaller disputes without the cost of full litigation. Understanding exactly which types of cases qualify ensures efficient use of the system and improves chances of success.

Who Benefits and Who Can Apply

Small claims court is most beneficial to individuals, tenants, landlords, consumers, tradespeople, and small business owners seeking to recover smaller amounts of money. Plaintiffs can file for themselves or, in some situations, through guardians, agents, or legal representatives. Beneficiaries also include those defending themselves against small claims lawsuits who want a quick, inexpensive resolution.

Benefits of Knowing Eligible Cases

• Helps claimants file correctly and avoid dismissal.
• Saves time and money by directing cases to the right venue.
• Provides clarity about what relief the court can award.
• Encourages fair, timely dispute resolution for everyday problems.

Step-by-Step Process to Determine Case Eligibility

Step 1: Identify the Nature of Your Claim

Check whether your dispute involves money owed, property damage, breach of contract, or a loan repayment—the most common small claims issues. If your requested relief is non-monetary (like forcing someone to do or stop doing something), small claims is not the right venue. Write a short plain-language statement describing what happened, how you were harmed financially, and the exact dollar amount you are asking for. (Source: California Courts – Small Claims Self-Help)

Step 2: Confirm the Amount of the Claim

For individuals, the current cap is generally $10,000; for corporations and many entities, $5,000. You cannot split one dispute into multiple cases to get around the cap. If your damages exceed the cap, you may waive the excess to stay in small claims, or consider limited civil court. Add up actual losses (invoices, estimates, receipts) to confirm you fit within the monetary limits.

Step 3: Review Prohibited Cases

Small claims cannot hear divorces, child custody/support, guardianship, immigration, or eviction (unlawful detainer) cases. It also does not grant injunctions (orders to do or stop doing an act). If your dispute falls into any of these categories, redirect to the appropriate division of superior court or to administrative processes (e.g., eviction actions).

Step 4: Consider Debt Collection Cases

Both consumers and creditors can use small claims for legitimate debts, but professional debt collectors face filing-frequency limits and must comply with notice rules. If you are disputing a debt, bring account histories, contracts, and proof of payments. If you are collecting, bring the original contract, assignment (if any), and an accounting of the balance.

Step 5: Landlord-Tenant Disputes

Security deposit returns, repair costs, and unpaid rent (without eviction) are typical small claims. Bring the lease, move-in/move-out checklists, photos, and repair invoices. Evictions and possession of property must be filed as unlawful detainer in superior court.

Step 6: Auto Accidents and Property Damage

For vehicle or property damage, you can sue for repair/replacement costs up to the small claims limits. For personal injury, you may recover medical bills and related out-of-pocket losses within the cap. Bring estimates, invoices, photos, police reports, and witness statements to support the amount claimed.

Step 7: Consumer Complaints

Use small claims against businesses that failed to deliver goods/services or breached warranties. Document purchase contracts, receipts, service agreements, and any communications. If a manufacturer’s warranty applies, show you followed required steps (e.g., notice or repair attempts).

Step 8: Loan and Contract Disputes

For unpaid personal loans or breached service contracts, gather the original agreement (or messages showing the terms), proof of funds transferred or services provided, and a ledger of amounts due. If the agreement was oral, prepare a simple timeline and any corroborating texts/emails.

Step 9: Professional Services Disputes

If a contractor, mechanic, or repair service performed poorly or overcharged, bring the written estimate, change orders, invoices, photos of defects, and (ideally) a competing repair estimate to quantify damages. Small claims can award money damages, not compel future performance.

Step 10: Government-Related Claims

You can sue a government entity in small claims, but you usually must first file a written claim with that entity—often within six months of the incident—before going to court. Keep copies of the claim, any response or denial, and proof of mailing. After the government claim process, file your small claim within the required timeframe. (Source: California Courts – Small Claims Basics)

Costs Associated

Typical filing fees range from $30–$75 depending on claim size and your filing history. Service of process often costs $40–$75 (sheriff or registered process server). Fee waivers are available based on income; submit the Judicial Council fee-waiver forms if you qualify. Budget for copies, parking, and time off work for your hearing.

Time Required

From filing to hearing, many cases are set within 30–70 days. Allow extra time if the defendant is difficult to serve, if you need continuances to gather evidence, or if an appeal (trial de novo) is filed. Preparing your exhibits early and confirming service deadlines helps prevent delays.

Limitations

• Cannot exceed $10,000 (individuals) or $5,000 (businesses).
• No eviction, divorce, custody, or injunction cases.
• Small claims awards may not cover all personal injury losses beyond the monetary cap.

Risks and Unexpected Problems

• Cases filed in the wrong venue or court type may be dismissed or delayed.
• Government claims require strict pre-filing procedures—missing deadlines can bar your case.
• Winning a judgment does not guarantee payment; you may need separate enforcement (wage garnishment, bank levy, liens).

Authoritative Resources

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