How to File
Small Claims
in California.
SC-100 forms, filing fees, service rules, and exactly what to expect at your hearing. The complete guide from filing to collecting your judgment.
California Small Claims Court:
What You Need to Know
California small claims court is designed for people to represent themselves - no lawyers allowed during the hearing. It handles disputes up to $12,500 for individuals ($6,250 for businesses) and is the fastest, cheapest way to resolve money disputes in the state.
The process follows a straightforward path: you fill out a one-page form (SC-100), pay a filing fee ($30-$100), serve the defendant, and present your case to a judge in a brief hearing. Most cases go from filing to hearing in 30-70 days, and the hearings themselves typically last 15-30 minutes.
California-specific rule: Unlike most states, California does not allow attorneys to represent parties in small claims hearings. You must present your own case. This levels the playing field - the person with better evidence wins, not the person who can afford a better lawyer.
Below is the complete process broken into 9 clear steps, with specific California requirements, costs, and common mistakes at each stage.
Determine the Right Court
California has 58 counties, each with its own superior court that handles small claims. Filing in the wrong county means your case gets dismissed and you start over. You must file in a county where:
Use our California county directory to find the correct courthouse address, hours, and contact information.
Gather Your Information
Before you touch the SC-100 form, collect everything you'll need. Missing or incorrect information is the #1 reason cases get delayed or dismissed.
Defendant Info
- Full legal name (exact spelling)
- Current mailing address
- For businesses: entity name from Secretary of State
- Registered agent name and address (for LLCs/corps)
Evidence
- Contracts, agreements, receipts
- Photos of damage (printed, not on phone)
- Text messages and emails
- Repair estimates or invoices
Critical for businesses: You must use the exact legal entity name - not the trade name or DBA. Search the California Secretary of State business search to find it. Suing "Joe's Plumbing" when the legal name is "Joseph Smith Plumbing LLC" can get your case dismissed.
Send a Demand Letter First
While California doesn't legally require a demand letter before filing, many judges ask whether you attempted to resolve the dispute first. A demand letter also resolves about 30-40% of cases without ever going to court - saving you the filing fee and time.
Your demand letter should include: what happened, the specific amount owed, a deadline to pay (typically 10-30 days), and a statement that you'll file in small claims court if they don't respond. Send it via certified mail so you have proof it was received.
PettyLawsuit generates demand letters automatically as part of the $29 filing process. See our demand letter guide for templates and tips.
Complete Form SC-100
The SC-100 ("Plaintiff's Claim and ORDER to Go to Small Claims Court") is California's standard small claims filing form. It's one page, but every section matters:
Your information
Full name, mailing address, phone number, and email
Defendant information
Full legal name and current address (must match exactly for proper service)
Claim amount
Exact dollar amount you're claiming (must be $12,500 or less for individuals)
Reason for the claim
Clear, factual description of what happened and why the defendant owes you money
Resolution attempts
What you've done to resolve the dispute before filing (demand letters, phone calls, etc.)
For a detailed walkthrough, see our SC-100 form guide. The form is available free at any courthouse or on the California Courts self-help website.
File Your SC-100 and Pay the Fee
Bring your completed SC-100 and at least 3 copies to the courthouse clerk's office. The clerk will review it, stamp it with a case number, assign a hearing date (usually 30-70 days out), and collect your filing fee.
| Claim Amount | Filing Fee |
|---|---|
| Under $1,500 | $30 |
| $1,500 - $5,000 | $50 |
| $5,000 - $10,000 | $75 |
| Over $10,000 | $100 |
Fee waiver: If you can't afford the filing fee, request a fee waiver using form FW-001. You may qualify if you receive public benefits, your income is below 125% of the federal poverty level, or paying the fee would put you in hardship.
Serve the Defendant
Service is the most technical step - and the one where people make the most mistakes. The defendant must be officially notified of the lawsuit, and California has strict rules about how it's done.
Personal service
Most reliableSomeone 18+ who is not involved in the case hands the papers directly. Cost: free if a friend does it, $25-$75 for a process server.
Certified mail
Send via certified mail with return receipt. The defendant must sign for it. Cost: $7-$15.
Sheriff service
The county sheriff's office serves the papers. Cost: ~$40. More formal but can take longer.
Substituted service
Last resortIf the defendant avoids personal service, papers can be left with someone at their home or business who is 18+. Requires court approval.
You cannot serve the papers yourself. This is the most common mistake. If you personally hand the defendant the papers, the service is invalid and your case will be dismissed. After service is completed, the person who served must fill out form SC-104 (Proof of Service) and you must file it with the court before the hearing.
Service must be completed at least 15 days before the hearing if the defendant lives in the same county, or 20 days if they live in a different county.
Prepare Your Evidence
This step separates winners from losers. Judges see dozens of cases a day - the ones with organized, clearly labeled evidence stand out.
Attend the Hearing
California small claims hearings are informal compared to regular court, but there's still a protocol. Here's what to expect:
Arrive 30 minutes early
Check in with the clerk. Your case may be called from a calendar with other cases.
Dress professionally
Business casual at minimum. First impressions matter - judges are human.
Address the judge as "Your Honor"
Speak clearly and directly. Start with a brief summary of your claim.
Present evidence in order
Hand copies to the clerk to give to the judge. Reference each piece as you explain.
Answer questions directly
Don't argue with the defendant or interrupt. Let the judge control proceedings.
Most hearings last 15-30 minutes. The judge may rule immediately or mail the decision within a few days. If the defendant doesn't show up, you can request a default judgment.
Collect Your Judgment
If you win, the defendant has 30 days to pay or file an appeal. Many defendants pay within this window. If they don't pay voluntarily, California gives you several collection tools:
Wage Garnishment
Court orders the defendant's employer to send up to 25% of each paycheck to you.
Bank Levy
Freeze and seize funds from the defendant's bank account. Requires knowing their bank.
Property Lien
Place a lien on real estate. The defendant can't sell or refinance without paying you.
Debtor's Examination
Force the defendant to appear in court and disclose their income, assets, and bank accounts.
California judgments are valid for 10 years and can be renewed for another 10. They also accrue interest at 10% per year.
Doing it yourself
vs. PettyLawsuit
The courthouse route takes hours of research, confusing forms, and days off work. We compressed that into 5 minutes from your phone.
DIY Route
10-20 hours of research and paperwork
Navigate confusing SC-100 form yourself
Drive to the courthouse to file in person
Figure out how to serve the defendant
Risk of mistakes and case dismissal
PettyLawsuit
5 minutes of your time, done from your phone
SC-100 auto-generated from your story
Defendant lookup and registered agent search
Certified mail service with tracking
Everything done correctly - $29
California Small Claims Filing Fees
Complete cost breakdown for filing and pursuing a case.
| Expense | Cost | Notes |
|---|---|---|
| Filing fee (under $1,500) | $30 | Fee waiver available |
| Filing fee ($1,500-$5,000) | $50 | Fee waiver available |
| Filing fee ($5,000-$10,000) | $75 | Fee waiver available |
| Filing fee (over $10,000) | $100 | Max fee |
| Service by sheriff | ~$40 | Varies by county |
| Process server | $25-$75 | Private company |
| Certified mail service | $7-$15 | Most affordable option |
| Typical total cost | $50-$175 | Recoverable if you win |
If you win, the judge can order the defendant to reimburse your filing fees. For a detailed calculator, see our California filing fee calculator.
California Statutes of Limitations
Miss the deadline and you permanently lose the right to sue - no matter how strong your case is.
| Type of Claim | Time Limit |
|---|---|
| Written contract | 4 years |
| Oral agreement | 2 years |
| Property damage | 3 years |
| Personal injury | 2 years |
| Fraud | 3 years (from discovery) |
| Security deposit dispute | 2 years |
| Unpaid wages | 3 years |
FAQ: California Small Claims
How much does it cost to file small claims in California?
What is the small claims court limit in California?
How long does small claims court take in California?
Do I need a lawyer for California small claims court?
What form do I need for California small claims?
Can I file small claims online in California?
What happens if the defendant doesn't show up?
Frequently asked questions
How much does it cost to file small claims in California?
California small claims filing fees are: $30 for claims under $1,500, $50 for claims $1,500-$5,000, $75 for claims $5,000-$10,000, and $100 for claims over $10,000. You'll also need $20-$75 for serving the defendant. Total cost is typically $50-$175.
What is the small claims court limit in California?
The California small claims court limit is $12,500 for individuals. Businesses, landlords (for security deposit disputes), and government entities can sue for up to $6,250. You cannot split a larger claim into multiple smaller claims to stay under the limit.
How long does small claims court take in California?
From filing to hearing, California small claims court typically takes 30-70 days. The hearing itself usually lasts 15-30 minutes. The judge may rule immediately or mail the decision within a few days. The entire process from start to judgment is about 2-3 months.
Do I need a lawyer for small claims court in California?
No. In California small claims court, attorneys are not allowed to represent parties during the hearing. You must represent yourself. However, you can consult with a lawyer beforehand for advice, and services like PettyLawsuit can prepare your court documents for $29.
What form do I need for California small claims?
The primary form is SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). You'll also need SC-104 (Proof of Service) after serving the defendant. Both forms are available free from California courts' website or at any courthouse.
Can I file small claims online in California?
Some California counties offer electronic filing for small claims, but most still require in-person filing at the courthouse. Los Angeles, San Francisco, and several other counties have online filing portals. Check your specific county court's website for availability.
What happens if the defendant doesn't show up in California small claims?
If the defendant doesn't appear at the hearing, you can request a default judgment. The judge will typically rule in your favor for the amount you claimed, as long as your evidence supports it and the defendant was properly served. The defendant can petition to vacate the default within 30 days.