Recently updated on October 14th, 2025 at 11:39 pm

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

Begin by stating in plain language what happened, who was involved, what duty or promise was broken, and the specific money loss that followed. Small claims is built for money-only remedies—repayment of an unpaid loan, reimbursement of a withheld security deposit, compensation for property damage, or recovery for a clear breach of a simple agreement. Draft a short narrative that answers four questions: (1) Who are the parties and what is their relationship (landlord–tenant, buyer–seller, friends with a loan, customer–contractor)? (2) What agreement or legal duty applied (written contract, invoice, estimate, warranty, or a straightforward oral promise)? (3) What exactly went wrong (dates, locations, missed deadlines, defective work, or nonpayment)? (4) What dollar amount fixes the harm, and how did you compute it?

Translate your story into evidence. Attach or be ready to show two or three key documents that “prove the point” without legal jargon: the signed estimate, the text or email where the promise was made, the bank transfer for the loan, the repair invoice, or before/after photos. If you claim repair costs, obtain written estimates from licensed providers; if you seek a refund for services, quantify the unperformed portion using a reasonable percentage or a competing quote to complete the job. Judges value clear, conservative math and contemporaneous documents more than long speeches.

Confirm the parties’ correct legal names and the right venue. For businesses, look up the registered legal name (e.g., “ABC Widgets, LLC” rather than “ABC Widgets”) using the California Secretary of State’s search. Venue is typically proper where the defendant lives or does business, where the contract was made or to be performed, or where the damage occurred. If your objective is a non-money remedy (eviction, custody order, injunction), or the facts are complex and hinge on expert testimony, small claims is not the right forum. But if your dispute is a straightforward money claim supported by regular receipts, messages, and photos, you have the core of a small claims case.

Source: California Courts – Small Claims Self-Help

Step 2: Confirm the Amount of the Claim

California caps small claims recovery. In general, individuals can sue for up to $10,000, while most businesses are limited to $5,000 per case. You cannot split one dispute into multiple lawsuits to dodge these caps, and the cap applies to the total case—not “per defendant.” If your damages exceed your cap, choose between waiving the excess to stay in small claims (faster, cheaper, no attorneys arguing at the hearing) or filing a limited civil case to pursue the full amount (more formal rules, discovery, higher costs, longer timeline).

Calculate a credible number. Build a mini-ledger with line items for principal loss (e.g., unpaid loan balance, repair cost, or refund amount), incidental out-of-pocket costs caused by the problem (towing, rental equipment, extra materials), and credits you already received (partial payments, refunds, insurance payouts). Attach proof to each line: invoice, receipt, estimate, bank statement, or written quote. If claiming interest, show the contract clause or statute and compute from the correct due date; if your contract provides late fees, make sure they are reasonable and actually agreed upon.

Aim for simplicity and fairness. Judges often ask, “How did you arrive at this total?” Prepare a 60–90 second answer referencing two or three exhibits. If a small discretionary item complicates the math or pushes you near a cap, consider whether it’s worth including. Conversely, don’t under-claim just to fit a lower filing-fee tier; the difference in filing fee is usually trivial compared to a fair recovery. Lock your total before sending any demand letter so your pre-suit communications and court filings match.

Step 3: Review Prohibited Cases

Small claims is a money-only forum. It does not handle divorces, child custody or support, immigration matters, evictions (unlawful detainers seeking possession), or injunctions ordering someone to do or stop doing something. Filing these categories in small claims wastes time and fees and risks dismissal. Likewise, disputes that revolve around complex expert testimony—professional malpractice, intricate construction defect causation, or multi-year accounting—are poor fits because small claims hearings are brief and informal.

Check common edge cases. Landlord–tenant deposit disputes, discrete rent balances, or repair-cost disagreements usually belong in small claims; seeking possession of the unit does not. Neighbor conflicts about money to fix a fence or restore landscaping may fit; trying to obtain a restraining order does not (that requires separate procedures). Business disputes about an unpaid invoice or warranty refund fit; trademark injunctions or noncompete enforcement do not. When in doubt, scan the Self-Help site’s topic pages to confirm whether your remedy is monetary and available in small claims.

If your claim mixes money and non-money relief, separate them: pursue the money component in small claims and use the appropriate court process for any equitable order you need. Bringing only the money portion keeps your case streamlined and within the court’s authority. If you discover you primarily need an order (e.g., to compel return of property), consider whether replevin/claim-and-delivery or another civil remedy is more suitable in superior court.

Step 4: Consider Debt Collection Cases

Small claims frequently resolves unpaid loans and invoices. If you’re the creditor, prove the agreement and the balance: a signed note, an invoice accepted by conduct, or a clear text/email thread can establish terms. Bring a simple running account showing charges, credits, and the final amount due. If the debt was assigned or purchased, include the assignment chain and records linking the original account to you. If claiming interest or fees, cite the clause or statute and do the math transparently.

If you’re the consumer disputing a collection claim, prepare concise defenses and evidence: statute of limitations (is the claim too old?), proof of payments not credited, lack of contract formation, identity theft (with police report/FTC affidavit), or settlement/accord and satisfaction. Judges appreciate a one-page timeline with references to exhibits (bank statements, letters, emails). Avoid broad accusations; focus on entries and documents.

Professional debt collectors face additional constraints and documentation expectations. Courts scrutinize inflated add-ons or ambiguous “collection costs.” Be conservative and clear. Both sides should consider a pre-suit demand or response outlining facts and a concrete number or plan. Many debt cases settle with short payment plans; if you settle, put it in writing and, if appearing in court, ask for a stipulated judgment that captures the terms so you can enforce if payments stop.

Step 5: Landlord–Tenant Disputes

Security deposits, discrete rent balances, and damage claims are staples of small claims—so long as you are not seeking possession of the unit (eviction belongs in unlawful detainer). Tenants seeking deposit returns should assemble the lease, move-in checklist, timestamped move-in and move-out photos, receipts for cleaning they performed, and any written notices requesting the itemized deduction statement. If the landlord missed the statutory deadlines or deducted for ordinary wear and tear, highlight those points succinctly with proof.

Landlords pursuing damages or unpaid rent should present the lease clause authorizing deductions, the move-in/move-out inspections, before/after photos, and licensed repair estimates or invoices. Provide a rent ledger showing due dates, amounts paid, and balances. If late fees are claimed, point to the lease term and show they are reasonable. Distinguish clearly between wear-and-tear (nonrecoverable) and actual damage (recoverable)—for example, faded paint vs. large holes; traffic wear vs. pet-damaged carpet.

If habitability issues are raised (mold, major leaks, broken heat), tenants should document notice dates, response times, and out-of-pocket costs. Judges will listen for prompt, good-faith communication and proportionate remedies. Local ordinances (rent caps, relocation rules) can influence outcomes; bring printed references if relevant. Settlement on the day of trial is common: deposit disputes often resolve when parties see each other’s photo sets side-by-side. If you settle, ask the clerk for options to enter a stipulated judgment or dismissal so the agreement is enforceable.

Step 6: Auto Accidents and Property Damage

Auto accidents and property damage claims are among the most common categories in small claims because they convert naturally into dollar amounts that a judge can evaluate in a short hearing. To decide if your case belongs in small claims, confirm two things: (1) you seek money only, up to the small claims cap for your status (generally up to $10,000 for individuals and $5,000 for most businesses), and (2) your proof can be presented through straightforward documents and testimony—photos, estimates, invoices, and a concise description of what happened. If your case needs expert accident reconstruction or prolonged medical testimony, it may be too complex for small claims and better suited to a higher court.

Start with liability. Prepare a simple timeline of the collision or incident: date, time, location, weather and lighting, the direction each vehicle traveled, and the point of impact. If law enforcement responded, bring the police report or incident number. If not, use clear, dated photos of the scene and the damage. For vehicle cases, dashcam screenshots or maps with arrows can help you explain angles and right-of-way. If a property (like a fence or mailbox) was damaged, include “before” and “after” photos if available, and a short note describing the property’s condition before the event. Witness statements can be powerful: have them signed and dated, with a one- or two-paragraph account focused on what the witness saw or heard.

Next, quantify damages in a manner that shows reasonableness. If you already repaired the damage, bring the final invoice and proof of payment. If you have not repaired yet, bring at least two written estimates from reputable shops or licensed contractors to show the projected cost. Judges routinely prefer estimates that itemize parts and labor separately; vague or handwritten numbers without company information carry less weight. Include related out-of-pocket expenses that flow directly from the incident (towing, temporary storage, rental car, or materials), and bring receipts. For personal items inside the vehicle or on the property, provide purchase receipts or current price listings and a brief explanation of condition and age (depreciation may apply).

If you sustained minor bodily injury but still want to keep the claim in small claims court, limit your request to medical bills, co-pays, and other out-of-pocket costs supported by records. Keep medical evidence to what a judge can review quickly: bills showing dates of service and diagnosis codes, a doctor’s visit summary linking the treatment to the incident, and pharmacy receipts. Avoid complex causation debates. If your injury is substantial, consult counsel about a higher court where testimony and discovery can address medical issues more fully.

Defendants should assemble evidence that narrows or negates responsibility: photos showing pre-existing damage, proof that the plaintiff’s vehicle partially caused the collision, or invoices showing that damage claimed was repaired earlier for another incident. Comparative negligence can reduce damages; a concise map with measurements (skid marks, lane width) helps explain why your share of fault is lower. If the plaintiff’s repair estimate seems excessive, bring a competing estimate or parts list to show a reasonable alternative.

At hearing, present a clean package: a one-page overview (timeline + fault summary), followed by photos, police report (if any), estimates/invoices, and receipts. Reference each exhibit as you talk, and keep the math transparent (invoice totals minus insurance payments or credits, plus documented out-of-pocket expenses). The judge’s decision will hinge on two things—who is more credible on fault and whose cost proof looks most reasonable. Clarity and organization can win the day even in a crowded calendar.

Step 7: Consumer Complaints (Goods, Services, Warranties)

Small claims is well-suited to consumer disputes because most turn on straightforward proof: receipts, order confirmations, warranties, and a short record of attempts to resolve the issue. To determine eligibility, confirm that your remedy is a money amount (refund, partial refund, or repair cost) and not an order forcing a company to perform or change its policies. If a company failed to deliver goods, shipped defective items, or performed substandard services, your case fits the small-claims model when the financial ask is within the court limits and supported by concise documentation.

Organize your documents in chronological order. Begin with the advertisement or statement that formed part of the bargain (web page screenshot, quote, or scope-of-work email). Follow with proof of purchase (receipt, card statement), delivery records, and your first notice to the seller about the problem. For goods, include photos or a brief video still that clearly shows the defect; for services, include “before” and “after” photos, checklists, or a deliverables table showing what was promised vs. what arrived. If there’s a written warranty or return policy, print and highlight the clauses that matter (deadlines, authorized repairs, or refund rules).

Quantify a fair remedy. For goods that can’t be repaired or replaced under the policy, the purchase price is a common measure; if a repair is feasible and cheaper, bring a written repair estimate to justify seeking that amount instead. For services, ask for a partial refund reflecting the difference between the promised scope and the value delivered, or the cost for a qualified provider to cure the defects. Judges favor reasonableness: a $500 housecleaning that skipped two rooms may warrant a proportional refund, not the entire price, unless you show why the nonperformance ruined the whole value.

Show that you followed required steps. Many warranties require an opportunity to cure or specific contact channels. Keep copies of emails, ticket numbers, or call logs. If the business offered a reasonable fix and you refused, be prepared to explain why (repeated failed attempts, unreasonable delay, safety concerns). If the company ignored you, your records become proof of notice and reasonableness.

Before filing, send a crisp demand letter with a specific amount and a deadline. Attach two or three key documents and explain that, absent resolution, you will file in small claims. Many retailers and service providers settle quickly when they see a well-documented claim. If you reach an agreement, confirm it in writing; if not, file and bring your packet. At hearing, present a three-part story: what you were promised (exhibit A), what you got (exhibit B), and the fair dollar difference (exhibit C). Keep emotions low and facts high; judges appreciate concise, documented logic more than long grievances.

Step 8: Loan and Contract Disputes

Loan and contract disputes live comfortably in small claims when the terms are simple and the money due is within the cap. Your goal is to show the court there was a binding agreement, the other side breached it, and your dollar loss flows directly from that breach. For a personal loan, that means proving the principal advanced (bank transfer, Zelle/Venmo records, or a signed note), the repayment terms (due date, installments, interest if any), and the unpaid balance. For service contracts, provide the quote or statement of work, any change orders, dates of performance, and the gap between what was promised and what was delivered.

Map your evidence to the legal elements in plain English. A simple checklist works: “Agreement: yes—see email exchange dated X confirming scope and price. Performance: I paid the deposit on Y—see receipt. Breach: no delivery by deadline Z and still incomplete—see photos and messages. Damages: cost to complete by another contractor—see two estimates, plus return of deposit.” If you’re the defendant claiming offset (you had to fix substandard work), bring the fix invoice and a short explanation tying each charge to the deficiency; courts are wary of inflated offsets that go beyond remedying the breach.

Anticipate defenses. Common ones include “no meeting of the minds,” “work was acceptable,” or “payment was a gift.” Counter with contemporaneous communications—acceptance emails, delivery confirmations, and thank-you texts. Where contracts were oral, assemble a mosaic of messages and conduct showing what both parties understood and did. If the other side alleges your breach came first (e.g., you failed to provide materials), have receipts and delivery confirmations ready.

Keep your ask tight. For loans, seek principal minus credits and any contract interest you can prove. For services, seek unpaid invoices for work you delivered, or the reasonable cost to cure deficits (not a windfall). Avoid punitive add-ons; small claims is about making you whole, not punishing the other side. A calm, evidence-led presentation—agreement, breach, and math—lets the judge rule in minutes without parsing legal jargon.

Finally, use a brief demand letter before filing. Offer a reasonable payment plan if appropriate. Judges notice parties who tried to resolve disputes in good faith, and many opposing parties pay once they see your documentation is organized and court-ready.

Step 9: Professional Services Disputes (Contractors, Mechanics, Technicians)

When workmanship, scope, or billing quality is disputed, the clearest path to a small-claims win is to show the gap between what was promised and what was delivered, then price that gap with objective estimates. Begin with the written estimate or contract and any change orders; if terms are missing or vague, supply the messages that clarify scope and price. Add a simple milestone table (promised date vs. actual date), plus photos or short video stills documenting defects (crooked tile lines, miswired fixtures, paint overspray, parts left unrepaired).

If you’re the customer, get at least one detailed estimate from a licensed professional to fix or complete the job; two is better if reasonably available. The estimate should list line items (materials and labor) so the judge can see why the cost is tied to specific deficiencies. If you already paid someone to fix the work, bring the invoice and proof of payment. Be candid about any benefit you received from partial performance; judges may award the cost to cure, not a full refund, unless you show that the job failed fundamentally.

If you’re the provider suing for unpaid work, bring proof of authorization (signed estimate, texted approvals, or emails), delivery logs, and photos of completed milestones. Itemize your invoice, match it to the scope, and demonstrate that any extras were approved before doing them. If the customer claims defects, address them specifically: show punch-list communications and your attempts to cure. Courts look favorably on providers who documented quality control and gave reasonable opportunities to fix issues.

Quality standards should reference objective sources when possible (manufacturer specs, building codes, or service guidelines). While full-blown expert testimony is rare in small claims, a short letter on company letterhead from a licensed professional describing the defect and the reasonable fix can be persuasive. Keep it concise—one page with photos and a cost range.

Anchor your ask to fairness: cost to cure, proportionate refund, or unpaid balance for value delivered. Avoid emotive arguments; judges prefer a clean record: contract/scope, what happened, the defect list, the fix cost, and the final number. Settlement on the hearing day is common; if you settle, ask to memorialize the deal as a stipulated judgment so you have an enforceable order if payments stop.

Step 10: Government-Related Claims (Public Entities)

You can sue a California public entity (city, county, state agency, school district) in small claims for money damages, but only if you follow strict pre-suit procedures. Most claims for personal injury or property damage require a written claim to the government within a short deadline, often six months from the incident (some contract claims allow longer). Use the agency’s claim form if provided, or submit a written claim that includes your name and address, the date, place, and circumstances of the loss, a general description of the damage, and the amount you seek. Send it using a traceable method and keep copies. The agency may accept, reject, or ignore your claim. A written rejection starts a short window to file in court; no response after a statutory period may also allow you to proceed. Missing these steps can bar your lawsuit entirely, regardless of merit.

Once you’ve complied with the Government Claims Act, prepare your small-claims packet as you would against a private party, but add proof of compliance: a date-stamped copy of your claim, proof of mailing or receipt, and the rejection letter if one was issued. For property damage (e.g., a pothole damaging your wheel), include photos of the scene and the damage, repair estimates or invoices, and any prior service requests or public complaints showing the agency knew—or should have known—about the hazard. For contract disputes with public entities, include the signed contract, proof of your performance, billing records, and the unpaid balance calculation.

Understand governmental immunities. Public entities are not liable for every harm; many policy decisions or discretionary acts are protected by statute. Small claims judges must apply those immunity rules and cannot create exceptions. Frame your case within recognized theories—dangerous condition of public property (with notice and causation), breach of a written contract, or other specific statutory bases. Keep the presentation simple and evidence-led: a short narrative of what happened and a dollar amount backed by documents a judge can review quickly.

If the agency proposed a reasonable settlement during the claim process and you declined, be prepared to explain why (insufficient amount, missing key costs, or conditions you could not accept). Conversely, if the agency ignored your claim or delayed unreasonably, your timeline and correspondence will help show diligence on your part. Should you win, public entities typically pay through dedicated units; still, keep your judgment, cost receipts, and any required tax forms organized to avoid payment delays.

Because procedures are technical and deadlines unforgiving, double-check the California Courts Self-Help materials and the target agency’s instructions before filing. A few minutes of verification can save you from dismissal on procedural grounds and keep your claim squarely within small-claims jurisdiction.

Costs Associated

Typical filing fees range from $30–$75 depending on claim size. Service of process costs $40–$75. Fee waivers are available for those who cannot afford fees.

Time Required

From filing to hearing, most cases take 30–70 days. Resolution may be delayed if service is not completed on time or if appeals are filed.

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