California small claims court: the complete guide

What small claims court is for

Small claims is a division of the California Superior Court built for money disputes that are too small to justify a lawyer. The procedure is stripped down deliberately: simplified forms, a short hearing, relaxed evidence rules, and a prohibition on attorney representation so that neither side can out-lawyer the other.

It is the right forum for an unreturned security deposit, an unpaid invoice, a contractor who took a deposit and vanished, a fender-bender deductible, or a loan to someone who stopped answering. It is the wrong forum for a serious injury, an eviction, a family law matter, or anything worth substantially more than the limit.

How much you can sue for

California small claims court handles money disputes up to a ceiling that depends on who is suing. An individual can claim anything under $12,500. A corporation, LLC or partnership is held to under $6,250 — half as much. If your claim is larger than your ceiling you can either give up the excess and stay in small claims, or file in limited civil court instead, where a lawyer may appear.

What it costs

On top of the filing fee, budget for service of process — the sheriff's civil division or a registered process server. Both are recoverable as costs if you win. If the filing fee itself is out of reach, FW-001 asks the court to waive it based on income, household size or receipt of public benefits. There is nothing unusual about asking; the waiver exists precisely so that the fee is not a barrier.

Work out your exact fee →

Your deadline, by claim type

Miss the statute of limitations and the claim is gone regardless of its merits. The common California periods:

Check your deadline from your own dates →

Which court to file in

California has 58 Superior Courts, one per county, each with its own website and local practices. Venue is generally the county where the defendant lives or does business, or where the agreement was made or was to be performed. Filing in the wrong county can get your case transferred or dismissed, which costs you the fee and the time.

Larger counties run small claims out of multiple courthouses, so the county is only half the answer — you need the right branch for the defendant's address.

Find your county court →

Step one: the demand letter

Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.

A good demand letter is short, dated, specific about the amount, and cites the rule that applies — the 21-day security deposit rule, the unlicensed contractor rule, the bad check statute. Send it by certified mail with a return receipt if you may need to prove it arrived.

Step two: file the SC-100

SC-100, the Plaintiff's Claim and ORDER to Go to Small Claims Court, opens the case. File the original plus at least two copies. The clerk takes the fee, stamps the order section and assigns your hearing date.

Get the defendant's name exactly right. A judgment against "Joe's Plumbing" when the real entity is "J. Smith Plumbing Services, LLC" can be uncollectable. For a company, check the California Secretary of State's business search for the registered name and the agent for service of process.

Step three: service of process — where cases die

Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.

The permitted methods are personal service, substituted service (left with a responsible adult, then followed by a mailed copy declared on SC-104C), and in some circumstances certified mail by the clerk. Deadlines differ depending on whether the defendant is inside or outside the county, and they are applied strictly.

Calculate your service deadline →

Step four: the hearing

You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.

Expect a few minutes, not an afternoon. Judges in small claims decide overwhelmingly on documents. Bring three sets of everything — yours, the judge's, and the other side's — numbered in the order you will refer to them. Say, briefly: who you are, what the agreement or event was, what went wrong, what it cost, what you want. Then stop talking and hand up your evidence.

If you were the one sued, there is no written answer to file in California. You simply appear. Not appearing is what produces a default judgment. See responding to a small claims case.

Step five: collecting

This is the part nobody warns you about. Winning is not being paid. The court records the judgment and then does nothing further — enforcement is entirely your job.

A California money judgment is enforceable for 10 years, can be renewed before it expires, and accrues 10% simple interest a year on the unpaid balance. The sequence is SC-133 to make the debtor disclose assets, SC-134 to compel them to court if they ignore it, and EJ-130 to send a levying officer after a bank account, wages or property. Add your enforcement costs with MC-012.

The full collection guide →

Appeals

Broadly, only a defendant may appeal a California small claims judgment, and only within 30 days of the Notice of Entry of Judgment being delivered or mailed. The appeal is not a review of the first judge's reasoning — it is an entirely fresh trial in the superior court, and there, attorneys are allowed. A plaintiff who loses their own claim generally cannot appeal it, because the plaintiff chose the informal forum.

When not to use small claims

• Unpaid wages. The California Labor Commissioner is free, has no dollar ceiling, investigates for you, and handles penalty claims most people miss. Usually the better route. See unpaid wages.
• Serious personal injury. The $12,500 cap is final — you cannot come back for more. Talk to an injury attorney, who will normally work on contingency.
• Claims worth far more than the limit. Limited civil court goes higher and allows representation.
• Interstate disputes. If the defendant is in another state, suing them in California is often impractical even when you are clearly right. For card purchases, a chargeback is usually faster and free.