Suing a company or LLC — suing in California small claims court
Search the California Secretary of State's business records for the exact name and the agent for service of process, and screenshot it. Getting this right before you file is the difference between a collectable judgment and a worthless one.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Depends on the underlying claim; 4 years for a written contract (Code Civ. Proc. § 337).
The rule that decides most of these cases
Name the business exactly as it is registered and serve the right person. A judgment against "Joe's Plumbing" when the real defendant is "J. Smith Plumbing Services, LLC" can be worthless. Look the entity up on the California Secretary of State's business search first.
What this kind of case is worth
Suing a business claims in California small claims court typically run from $200 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 entity's exact registered name and agent for service, from the Secretary of State
- The contract, invoice or receipt naming the business
- Proof of payment
- Correspondence on company letterhead or from a company email
- The fictitious business name statement, for a DBA
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- You named the wrong entity
- You served the wrong person
- The individual argues the company is liable, not them
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
How do I find out who to serve at a company?
Use the California Secretary of State's business search for the entity's agent for service of process — that is the person or company designated to receive legal papers. For a sole proprietorship operating under a DBA, you sue the owner personally and can find them through the county's fictitious business name records.
Can I sue the owner personally as well as the company?
Usually only the entity you contracted with is liable, which is the entire purpose of an LLC. Suing the owner personally requires a reason to look through the entity — for example they were unlicensed, they signed a personal guarantee, or the company is a sham. If you contracted with a proper LLC, it is the LLC you sue.
The business closed down. Can I still sue?
You can file, but think hard about collectability. A dissolved entity with no assets produces an uncollectable judgment. Check the Secretary of State for the entity's status and whether a successor company exists, and consider whether an individual gave a personal guarantee.
Where to file a suing a business claim
Venue is generally where the defendant lives or does business, or where the agreement was made or performed. Each county page gives that county's Superior Court, its own website, and the local service deadlines.
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.