San Diego Small Claims Court Filing Fees and Limits (2026)
San Diego small claims court filing fees range from $30 to $75, depending on how much you're suing for. Individuals can sue for up to $12,500. Businesses and LLCs are capped at $6,250. If you know those two numbers, you know the most important facts before you step into court.
This guide covers every fee you'll face, the exact limits for 2026, and what to expect at the San Diego Superior Court. No surprises.
San Diego Small Claims Court Dollar Limits for 2026
California raised the small claims limit for individuals in 2024. It went from $10,000 to $12,500. That increase is still in effect for 2026.
Here's the breakdown:
- Individuals and sole proprietors: up to $12,500 per case
- Businesses (corporations, LLCs, partnerships): up to $6,250 per case
You cannot split a larger claim into two smaller cases to get around the limit. If you do, the court can throw both cases out.
If your claim is larger than $12,500, you have two options. You can reduce your claim to fit the limit. Or you can file in a higher court, which is more expensive and takes longer. Most people reduce the claim and take the win.
What Counts Toward the Limit?
The limit applies to the money you're asking for. That includes the original amount owed plus any damages you can prove. It does not include filing fees you paid to the court. Those get added on top if you win.
You can ask the court to award you interest on the money owed. California's legal interest rate is 10% per year on most debts. The San Diego Superior Court has a free Judgment Calculator on its website to help you figure out what interest has built up.
How Many Cases Can You File?
Individuals can file up to two small claims cases per calendar year that ask for more than $2,500. There's no limit on the number of cases under $2,500. Businesses can file as many cases as they need, but each one is capped at $6,250.
San Diego Small Claims Court Filing Fees
The fee you pay to file depends on how much you're suing for. Here's the 2026 fee schedule for San Diego County:
You pay this fee when you file your claim at the clerk's office. The court accepts cash, check, and most credit cards.
Can You Get the Filing Fee Waived?
Yes. If you can't afford the fee, you can ask the court to waive it. You'll need to fill out form FW-001 (Request to Waive Court Fees). The court will review your income and expenses. If you qualify, you pay nothing to file. Serving costs can also be waived.
Most people who receive public benefits like Medi-Cal, CalFresh, or SSI automatically qualify for a fee waiver.
Service Costs
Filing is only step one. You also have to serve the defendant. That means officially notifying them that you've filed a case.
Service costs in San Diego typically run $0 to $125 depending on the method you use:
- Certified mail through the court clerk: usually $15 or less
- Sheriff or marshal service: $40 to $65 per defendant
- Private process server: $50 to $125, sometimes more
The cheapest option is certified mail. The clerk can handle it for you. But certified mail doesn't always work. If the defendant refuses the letter or it comes back undelivered, you'll need another method.
Where to File in San Diego
All small claims cases in San Diego County are filed at the Central Division of the San Diego Superior Court:
San Diego Superior Court, Central Divisionbr> 330 W. Broadway, Room 225br> San Diego, CA 92101
This is the only location where you can file a small claims case in San Diego County. Hearings also take place here.
The clerk's office is open Monday through Friday. Business hours are 8:30 a.m. to 4:30 p.m. The clerk's office is closed on state holidays.
You can also file your small claims case online. San Diego Superior Court accepts e-filing for small claims. This lets you submit your forms from home and skip the trip downtown. See our guide on how to e-file small claims in California for step-by-step instructions.
What to File: The SC-100 Form
To start your case, you fill out form SC-100. The full name is "Plaintiff's Claim and Order to Go to Small Claims Court." You can download it free from the California Courts website.
The form asks for:
- Your name and address
- The defendant's name and address
- How much you're asking for
- Why you're suing (a short explanation)
You don't need to write a legal argument. Just explain what happened in plain terms. Bring copies. The clerk will keep the original and stamp copies for you.
Our full San Diego small claims court guide walks through the SC-100 in more detail, including tips on describing your claim clearly.
Costs After You File
Once you file and serve the defendant, there may be a few more costs:
- Postponement fee: If you ask to reschedule your hearing, you may owe $10 to $20.
- Writ of execution: If you win and the defendant doesn't pay, you can get a writ to collect. This costs around $25 to $40.
- Judgment debtor exam: If the defendant claims they have no money, you can force them to appear and answer questions under oath. This costs about $25.
If you win, the court can order the defendant to pay your filing fee and service costs on top of the judgment. So your out-of-pocket costs can come back to you.
Total Cost to File: A Real Example
Let's say you're suing a contractor who took $4,000 and didn't finish the job. Here's what you'd spend:
- Filing fee: $50 (claim between $1,500 and $5,000)
- Certified mail service: $15
- Total out of pocket: $65
If you win, the judge can order the contractor to reimburse that $65 plus the $4,000. So your real risk is $65 for a chance to recover $4,065.
That math is why small claims court is worth it. The barrier is low. The upside is real.
What Disputes Can You Bring?
Small claims court in San Diego handles money disputes. The most common cases include:
- Security deposit disputes with landlords
- Unpaid loans between individuals
- Car accident damage
- Contractor disputes (work not done, overcharging)
- Defective products or services
- Unpaid wages under $12,500
- Gym memberships or subscription refunds
- Moving company damage or overcharges
You cannot bring certain cases to small claims court. These include most criminal matters, cases involving injunctions (orders telling someone to stop doing something), and cases that require a lot of complex legal argument. For those, you'd need a higher court.
You also cannot sue for more than what's owed. If your landlord kept your $1,200 deposit, you can sue for $1,200. You could add interest if it's been a while. But you can't tack on extra emotional distress claims in small claims.
California Small Claims Dollar Limit vs. Other States
California's $12,500 limit for individuals is one of the highest in the country. Many states cap small claims at $5,000 to $7,500. Texas is $20,000, which is higher. But for most disputes, $12,500 covers the claim.
The business limit of $6,250 is stricter. If you own an LLC or corporation and you're owed more than that, you'll need to decide whether to reduce the claim or go to a higher court.
For a broader look at California's small claims rules, see our California small claims court guide.
Statute of Limitations: Don't Wait Too Long
There's a deadline for filing small claims cases. It's called the statute of limitations. If you miss it, the court will throw out your case no matter how strong it is.
Here are the key deadlines in California:
- Written contracts: 4 years from the date of the breach
- Oral contracts: 2 years from the date of the breach
- Property damage: 3 years from the date of the damage
- Personal injury: 2 years from the date of injury
- Security deposits: 2 years from when you should have gotten it back
If you're close to a deadline, file now. You can always ask for a hearing postponement later. But you can't file after the deadline passes.
Should You Try a Demand Letter First?
Before you file, it's worth sending a formal demand. A written demand letter puts the other party on notice. It tells them exactly what you're owed and gives them a chance to pay without court.
About 70% of disputes that start with a demand letter settle before court. That means most people never have to stand in front of a judge. They get paid because the other side realizes they'll lose anyway.
A demand letter costs $29 through PettyLawsuit and sends the same day. If the other side ignores it, you can escalate. The "Go Full Petty" option ($49) adds phone calls, follow-up emails, and a Final Notice on day 10. It's the pressure campaign most people need.
If that doesn't work, you've got your paper trail and you're ready to file. Visit our San Diego small claims court page to get started.
Frequently Asked Questions
How much does it cost to file small claims in San Diego?
Filing fees in San Diego range from $30 to $75. Claims of $1,500 or less cost $30. Claims from $1,500 to $5,000 cost $50. Claims from $5,000 to $12,500 cost $75. You also pay service costs of $15 to $125 depending on the method.
What is the small claims limit in California for 2026?
Individuals and sole proprietors can sue for up to $12,500 per case. This limit was raised from $10,000 in January 2024 and applies in 2026. Businesses such as corporations and LLCs are limited to $6,250 per case.
Can I get my filing fee back if I win?
Yes. If the judge rules in your favor, you can ask the court to include your filing fee and service costs in the judgment. The defendant would then owe you those costs in addition to the original amount.
Where do I file small claims in San Diego?
All small claims cases in San Diego County are filed at the Central Division of the San Diego Superior Court at 330 W. Broadway, Room 225, San Diego, CA 92101. You can also file online through the court's e-filing system.
What if I can't afford the filing fee?
You can apply for a fee waiver using form FW-001. If you receive public benefits like Medi-Cal, CalFresh, or SSI, you likely qualify. The court will waive both filing fees and service costs if approved.
How long does a San Diego small claims case take?
After you file, you'll usually get a hearing date within 30 to 75 days. The hearing itself is short, often under 30 minutes. The judge usually gives a decision the same day or within a few days by mail.