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 $12,500. Businesses and other entities are limited to $6,250. You can only file two cases asking for more than $2,500 in the same calendar 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 a clear deadline 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 are typically $30-$75.
- 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, often the same day. Hearing timelines vary by court.
- 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 are typically $30-$75. Confirm the current amount with the clerk before filing. If you win, the court may order the defendant to reimburse your filing costs. Many courts offer fee waivers for those who demonstrate financial hardship.
Statute of Limitations in California
Every type of claim has a filing deadline, and the deadline depends on the claim type. Filing after the deadline means your case can be dismissed regardless of its merits. Confirm the current California statute of limitations for your claim type before filing, and 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
How do I file a small claims case in California?
Start with a written demand for payment. California requires you to confirm on the claim form that you asked for the money before filing. Then file form SC-100 with the superior court where the defendant lives or where the dispute happened, pay the $30-$75 filing fee, and have someone 18 or older who is not part of the case serve the defendant. PettyLawsuit prepares the demand letter and court paperwork for you.
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.
What is the small claims limit in California?
$12,500 for individuals and sole proprietors. Corporations, LLCs, and other entities are capped at $6,250. You can only file two cases asking for more than $2,500 in the same calendar year.