California small claims court handles cases up to $12,500 ($6,250 for businesses). No lawyers allowed. Fast resolution in 30-70 days. Individuals can sue for up to $10,000. Businesses and entities are limited to $5,000. You can only file 2 cases over $2,500 per year.
Who Can File in California Small Claims Court
California residents, businesses operating in California, and anyone with a claim arising in California. Must be 18+ or legally emancipated.
Where to File Your California Case
File where the defendant lives/works, where the contract was signed/broken, where property damage occurred, or where the contract was to be performed.
How to File Small Claims in California - Step by Step
- Send a Demand Letter - Before filing, send a formal demand letter giving the defendant 30 days to respond. PettyLawsuit generates professional demand letters with California laws cited. $29 to start.
- File Your Claim - If the defendant doesn't respond, file your case at the correct California court. Filing fees range from $30 to $200 depending on your claim amount.
- Serve the Defendant - Personal service by someone 18+ (not you), sheriff, or registered process server. Substituted service and service by mail allowed in some cases.
- Attend Your Hearing - Present your evidence and the judge makes a decision, usually the same day. Most cases are heard within 30-60 days of filing.
- Collect Your Judgment - If you win, enforce the judgment through legal collection methods.
Common Small Claims Cases in California
- Security deposit disputes with landlords
- Unpaid wages or final paychecks
- Contractor and home repair disputes
- Vehicle accidents and property damage
- Consumer complaints against businesses
- Breach of contract claims
California Court Hearing Tips
- Bring all evidence organized in chronological order
- Prepare a brief timeline of events
- Practice your presentation (aim for 5 minutes)
- Bring witnesses if possible
- Be respectful to the judge and other party
- Answer questions directly and honestly
- Don't interrupt - you'll get your turn
- Bring extra copies of key documents
Judgment Collection Options in California
- Wage garnishment (up to 25% after taxes)
- Bank levy (checking, savings, investment accounts)
- Real property lien and forced sale
- Personal property levy
- Keeper levy for cash businesses
- Assignment order for commissions/royalties
Appeals in California
Only defendants can appeal. Must file Notice of Appeal within 30 days. Plaintiffs who lose cannot appeal but may file a motion to correct clerical errors.
Filing Costs & Fee Breakdown
Small claims filing fees in California typically range from $30 to $200 depending on the claim amount. Cases under $1,500 usually have the lowest filing fees ($30-$75), while claims near the $12,500 limit may cost $100-$200 to file. If you win, the court may order the defendant to reimburse your filing costs. Fee waivers are available for those who demonstrate financial hardship.
Statute of Limitations in California
Every type of claim has a deadline for filing. In California, written contracts typically have a 4-6 year statute of limitations, oral contracts 2-4 years, property damage 2-3 years, and personal injury 2-3 years. Filing after the deadline means your case will be dismissed regardless of its merits. Send a demand letter as soon as possible to preserve your rights.
Evidence Checklist for California Small Claims Court
- Signed contracts, leases, or written agreements
- Receipts, invoices, and proof of payment
- Photos or videos of damage or defective work
- Email and text message correspondence
- Witness statements or contact information
- Your demand letter and proof of delivery
- Timeline of events organized chronologically
Frequently Asked Questions
Can I have a lawyer represent me?
No, lawyers cannot represent parties in California small claims court, but you can consult one for advice before court.
What's the deadline to file?
Varies by claim type: 2 years for oral contracts, 3 years for property damage and fraud, 4 years for written contracts.
Can I sue a government agency?
Yes, but you must first file a government claim within 6 months of the incident.
What if I can't serve the defendant?
After reasonable attempts, you can ask the court for permission to serve by publication or posting.
Are there free resources?
Yes, Small Claims Advisors are available free at every courthouse to help with procedures (not legal advice).
Can I request an interpreter?
Yes, courts provide free interpreters. Request one at least 5 days before your hearing.