Service business took payment and never showed — suing in California small claims court
Try a chargeback first if you paid by card — it is faster and free. Sue for whatever the chargeback will not recover, and keep the issuer's decision as evidence.
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).
2 years if the arrangement was purely verbal (Code Civ. Proc. § 339).
What this kind of case is worth
Service no-show 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 booking confirmation, quote or invoice
- Proof of payment
- The message thread, including the missed appointments
- What you paid someone else to do the job instead
- Photographs showing the work was never done
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim they attended and could not get access
- They claim you canceled
- They claim the deposit was non-refundable
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
They ghosted me after taking a deposit. What is my claim worth?
Normally the deposit back, plus any extra it cost you to get the work done by someone else at short notice. Keep the replacement invoice — the difference between what you were promised and what you had to pay is the clearest way to put a number in front of a judge.
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.