Someone damaged your property — suing in California small claims court
Get two written repair quotes before you send a demand. A specific, sourced number is persuasive; a round figure you arrived at yourself invites argument.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
3 years — Injury to personal or real property (Code Civ. Proc. § 338(c)).
What this kind of case is worth
Property damage claims in California small claims court typically run from $300 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.
- Photographs and video of the damage from several angles
- Two written repair quotes, or the receipt if you have already paid
- Proof you owned the item — receipt, registration, insurance schedule
- Any police or incident report
- Witness details
- Anything the other person said admitting responsibility, in writing
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They deny causing it — witnesses and timing evidence matter most here
- They dispute the value — bring two independent quotes, not one
- They argue the item was already old or worn — be ready to talk about actual value rather than replacement cost
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 claim repair cost or replacement cost?
Normally the lesser of the repair cost and the item's actual value just before the damage. If repairing a ten-year-old fence costs more than the fence was worth, the court will usually award the value, not the repair. Bring evidence of both figures so the judge can pick.
What if my insurance already paid me?
Then your insurer usually owns that part of the claim and will pursue it themselves through subrogation. You can still sue for what you were genuinely out of pocket, which is typically your deductible. Do not claim the amount the insurer reimbursed, and tell the court what was paid.
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.