Defective home repair or installation — suing in California small claims court
Give them one written chance to fix it, with a deadline, and keep the letter. Judges respond well to a plaintiff who offered a cure, and badly to one who went straight to court.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Breach of written contract (Code Civ. Proc. § 337).
For a defect you could not reasonably have discovered at the time, the period may run from discovery. Construction defect claims have their own longer statutes of repose.
The rule that decides most of these cases
An unlicensed contractor must return everything you paid and cannot recover for the work, however well it was done. Check the license at cslb.ca.gov before anything else. (Bus. & Prof. Code § 7031)
What this kind of case is worth
Defective repair work claims in California small claims court typically run from $500 to $12,500. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
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.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- The contract and all written change orders
- Proof of payment
- Photographs and video of the defect
- A second contractor's written assessment and repair quote
- Any inspection report or permit records
- The license status printout, dated
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you supplied defective materials
- They claim you refused to let them return and fix it
- They claim the work met code and you simply dislike it
Serving the papers
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 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.
Common questions
Do I have to let them fix it before I sue?
Not as a strict legal requirement in most cases, but it helps you considerably. Many contracts include a right to cure, and a judge will want to know whether you gave them the chance. One written request with a reasonable deadline protects you either way.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.