Online or marketplace sale gone wrong — suing in California small claims court
Use the platform's dispute process and your card issuer's chargeback right first — both are free and faster than court. Keep the records either way, because a denied chargeback is itself useful evidence that you tried.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Contract for the sale of goods (Code Civ. Proc. § 337; Com. Code § 2725).
What this kind of case is worth
Online sale dispute claims in California small claims court typically run from $100 to $6,000. 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 listing as it appeared, screenshotted with the date
- The full message thread with the seller or buyer
- Proof of payment
- Photographs of what actually arrived, next to the listing description
- Shipping and tracking records
- The platform's dispute decision, if you tried that first
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim the item was sold as-is
- They claim it was damaged in transit — this turns on who bore the shipping risk
- They claim you broke it after delivery
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
Where do I sue an out-of-state online seller?
This is the hard part. California small claims generally requires you to file where the defendant lives or does business, or where the deal was made or performed. Suing a seller in another state is often impractical even when you are plainly right, which is why a chargeback is usually the better route for interstate purchases.
Is a chargeback better than small claims?
Usually, for card purchases. It is free, takes weeks rather than months, and the issuer does the work. Small claims becomes the right tool when the chargeback window has closed, you paid by a method with no protection such as Zelle or cash, or the amount justifies the effort.
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.