How to File Small Claims in San Diego: Step-by-Step Guide

To file small claims in San Diego, fill out form SC-100, pay the filing fee at the Central Courthouse, serve the defendant, submit your evidence, and show up to your hearing. The whole process takes 30 to 75 days from filing to hearing day. No lawyer needed.

This guide walks you through every step. By the end, you'll know exactly what to do, what to bring, and what to say.

Before You File: Check If You Have a Case

Small claims court handles money disputes. You're asking a judge to order someone to pay you. That's it. You can't use small claims to force someone to do something or stop doing something. It's for recovering money you're owed.

A few things to confirm before you file:

• Your claim is $12,500 or less (for individuals). Businesses are capped at $6,250.
• The dispute happened in San Diego County, or the defendant lives or does business here.
• You're still within the statute of limitations. For written contracts, that's 4 years. For verbal agreements, it's 2 years.

If your claim is bigger than the limit, you can reduce it to fit. Or go to a higher court. Most people reduce and move on.

For the full overview of what San Diego small claims court covers, see our San Diego small claims court guide.

Step 1: Send a Demand Letter First

This step isn't required by law. But it often saves you the trip to the courthouse.

A demand letter is a written notice. It tells the other party what they owe you and asks them to pay. About 70% of disputes settle after a demand letter. Most people would rather pay than face court.

If they ignore you, the letter becomes evidence. It shows the judge you tried to fix this before filing. That looks good.

You can send a demand letter through PettyLawsuit for $29. It goes out the same day via certified mail. The "Go Full Petty" option ($49) adds follow-up calls and a Final Notice on day 10.

If they still don't pay, move to Step 2.

Step 2: Fill Out Form SC-100

Form SC-100 is the official form to start a small claims case in California. The full name is "Plaintiff's Claim and Order to Go to Small Claims Court." You can download it free at courts.ca.gov.

The form asks for:

• Your name, address, and phone number
• The defendant's name and address (be exact, especially for businesses)
• The amount you're claiming
• Why you're claiming it (a brief description)
• Whether you've tried to settle the dispute before filing

Keep it simple. Two or three sentences is fine. You don't need a legal brief. "Defendant was hired to replace my roof for $8,000. The work was not done. I paid a deposit of $3,500 that was not returned." That's enough.

Naming the Defendant Correctly

This matters more than people realize. If you name the defendant wrong, service fails and your case gets delayed or dismissed.

• Individuals: use their full legal name
• Sole proprietors: use their name AND their business name ("John Smith dba ABC Plumbing")
• Corporations or LLCs: use the exact legal name on file with the California Secretary of State

You can look up a business's legal name on the California Secretary of State website. Search by business name. The registered name is what goes on the form.

Print Multiple Copies

Print at least three copies of the completed SC-100. The clerk keeps the original. You get a stamped copy. The defendant gets a copy when served. Keep one extra for yourself just in case.

Step 3: File Your Claim at the Courthouse

All small claims cases in San Diego County are filed at one location:

San Diego Superior Court, Central Divisionbr> 330 W. Broadway, Room 225br> San Diego, CA 92101

Clerk's office hours: Monday through Friday, 8:30 a.m. to 4:30 p.m.

Bring your completed SC-100 and your filing fee. The fee depends on how much you're suing for:

• Up to $1,500: $30
• $1,500 to $5,000: $50
• $5,000 to $12,500: $75

The clerk will stamp your forms, assign a case number, and give you a hearing date. That date is usually 30 to 75 days out.

Can't Afford the Filing Fee?

Ask for a fee waiver. Fill out form FW-001 at the clerk's office. If you qualify (many people do, especially those receiving Medi-Cal or CalFresh), you pay nothing to file.

E-Filing Option

San Diego Superior Court allows electronic filing for small claims. You can submit your SC-100 and pay online from home. Check the court's website for the current e-filing portal. Our post on e-filing small claims in California has the step-by-step process.

Step 4: Serve the Defendant

Filing isn't enough. The defendant has to be officially notified about the case. This is called "service of process." Until service is complete, the case can't move forward.

California law has strict rules about who can serve papers and how.

Who Can Serve the Papers?

Anyone over 18 who is NOT a party to the case can serve the defendant. That means you cannot serve the papers yourself. A friend, family member, coworker, or professional process server can do it.

Service Methods

There are several ways to serve small claims papers in San Diego:

Certified mail through the clerk: The court clerk can mail the papers for you via certified mail. This is the cheapest option, usually under $15. But if the defendant refuses the mail or isn't home to sign, it fails and you need another method.

Sheriff or marshal service: The San Diego County Sheriff can serve the papers for you. Cost is around $40 to $65 per defendant. This is more reliable than mail. You drop off the papers and fees at the Sheriff's civil division.

Private process server: A licensed process server can handle it for $50 to $125 or more. This is the fastest and most flexible option. They'll track down the defendant and hand them the papers directly.

Personal service by someone you know: A friend or family member can hand the papers directly to the defendant. They'll need to fill out a Proof of Service form (SC-104) afterward.

Deadline for Service

The defendant must be served at least 15 days before the hearing (if they live in California) or 20 days before (if they live out of state). Check your hearing date and work backward.

File the Proof of Service

After service is complete, your server fills out form SC-104 (Proof of Service). You file this with the clerk's office before your hearing. Without it, the judge won't proceed.

Step 5: Prepare Your Evidence

San Diego Superior Court requires you to submit your evidence before the hearing. This changed a few years ago. You can't just walk in and hand the judge a folder.

Submit your evidence online through the court's document submission portal at least 10 days before your hearing date. Both you and the defendant get copies of each other's evidence in advance.

Strong evidence for a small claims case includes:

• Written contracts, agreements, or work orders
• Text messages or emails discussing the dispute
• Receipts, invoices, and bank statements showing payment
• Photos of damaged property or unfinished work
• Your demand letter and any response (or lack of response)
• Estimates from other contractors showing what the repair should cost

Organize your evidence in order. Label each item. Bring three copies to the hearing: one for the judge, one for the defendant, one for yourself.

Step 6: Attend Your Hearing

Show up. This sounds obvious, but many people lose cases simply by not appearing. If you don't show, the judge dismisses your case. If the defendant doesn't show, the judge usually rules in your favor by default.

What to Expect in the Courtroom

Small claims hearings in San Diego are informal. The judge runs things. There's no jury. Both sides get a few minutes to tell their story. Then the judge asks questions and makes a decision.

In California, you cannot have a lawyer represent you in court. You must speak for yourself. You can ask a lawyer for advice before the hearing, but they cannot stand up and argue your case for you.

Keep it short. Stick to the facts. Tell the judge what happened, what you're owed, and why. Don't vent. Don't ramble. Judges have seen it all before. They want facts and proof.

Can You Appear Virtually?

Yes. San Diego Superior Court allows virtual hearings for small claims. You need to notify the court and the defendant in advance that you want to appear by video. The court will send you a video link.

Virtual hearings work the same way. You still present your evidence, answer questions, and get a ruling.

After the Hearing: Collecting Your Judgment

Winning is step one. Collecting is step two.

If the judge rules in your favor, the defendant has 30 days to pay. Many do. But some don't. If they don't pay, you have options:

• Wage garnishment: The court can order their employer to withhold a portion of their paycheck.
• Bank levy: The court can order their bank to transfer funds to you.
• Lien on property: You can place a lien on real property they own in California.

Each one needs a court filing and a small fee. But once you have a judgment, you can collect.

The San Diego Superior Court has a free Judgment Calculator at ijcalc.sdcourt.ca.gov that tracks interest building up on unpaid judgments.

How to File Small Claims in San Diego: Summary

1. Send a demand letter first (optional but smart)
2. Fill out form SC-100
3. File at 330 W. Broadway, Room 225, and pay $30 to $75
4. Have the defendant served and file form SC-104
5. Submit your evidence online before the hearing
6. Attend the hearing and present your case
7. Collect your judgment

For more on the San Diego filing process and courthouse details, visit our San Diego small claims court overview.

And for the broader California process, check out our guide on how to file small claims in California.

Frequently Asked Questions

What form do I need to file small claims in San Diego?

You need form SC-100, called "Plaintiff's Claim and Order to Go to Small Claims Court." Download it free at courts.ca.gov. Fill it out, bring it to the clerk's office at 330 W. Broadway, Room 225, and pay the filing fee. The clerk stamps it and gives you a hearing date.

Where do I file small claims in San Diego County?

All San Diego small claims cases are filed at the Central Division of the San Diego Superior Court: 330 W. Broadway, Room 225, San Diego, CA 92101. The clerk's office is open Monday through Friday, 8:30 a.m. to 4:30 p.m.

Can I file small claims online in San Diego?

Yes. San Diego Superior Court accepts e-filing for small claims. You can submit your SC-100 and pay the filing fee online. Check the court's website for the current e-filing portal link.

How long does it take to get a hearing date in San Diego?

After you file, hearings are typically scheduled within 30 to 75 days. The exact date depends on the court's schedule. You'll receive the hearing date when you file.

Can a lawyer represent me in San Diego small claims court?

No. California law does not allow lawyers to represent parties in small claims court. You must speak for yourself. You can consult a lawyer before the hearing for advice, but they cannot appear in court on your behalf.

What happens if the defendant doesn't show up?

If the defendant was properly served and doesn't appear, the judge will usually rule in your favor by default. This is called a default judgment. You still need to have your evidence ready in case the judge asks questions.