California Small Claims Court
How It Works & How to File
Learn the California small claims process in detail, from filing the SC-100 form to serving the defendant and collecting judgment.
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How Small Claims Court Works in California
Small claims court in California is designed to help individuals and businesses resolve disputes quickly and affordably without needing a lawyer.
If your claim is $12,500 or less (as of 2025), you may qualify to file in small claims court. It’s one of the most common ways Californians recover unpaid money, resolve disputes, or reclaim property without the high costs of traditional lawsuits.
This guide explains who can file, what types of cases qualify, how the process works, and what to expect before, during, and after your hearing.
This Guide Covers:
Who can file a small claims case in California
The maximum claim amount and court limits
What you can sue for in California small claims
Step-by-step filing process (SC-100 form and more)
Serving the defendant correctly in California
What happens at the hearing and judgment
What to do if you win or lose
Why many people start with a demand letter
How our Small Claims Help service can guide you
Who Can File a Small Claims Case in California
You can file a claim if:
You’re at least 18 years old (minors must have a guardian ad litem file for them)
Your dispute involves $12,500 or less if you are an individual (or $6,250 for a business)
The dispute is civil, not criminal
You file in the correct county — usually where the defendant lives, where the contract was signed, or where the dispute took place
What You Can Sue For in California
Common small claims cases include:
Unpaid debts or loans
Security deposit disputes with landlords
Property damage (such as from accidents)
Breach of contract
Faulty or incomplete services
Unreturned or stolen property
Consumer issues like defective products
California Small Claims Court Process
Confirm Eligibility – Ensure your case is under the claim limits ($12,500 for individuals, $6,250 for businesses).
Identify the Right Court – File in the Superior Court branch for the county where the defendant lives or where the dispute occurred.
Prepare Evidence – Collect contracts, receipts, photos, text messages, emails, or witness statements.
Complete the Petition – File the Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100).
Pay the Filing Fee – Filing fees range from $30–$100 depending on the claim amount and how many cases you’ve filed that year.
Serve the Defendant – Service must be done by someone over 18 who isn’t a party to the case, a process server, or the sheriff. Service costs are usually $40–$75.
Get a Court Date – The court will set a hearing date after the defendant has been served.
Attend the Hearing – Both parties present evidence. No lawyers are allowed to represent you in California small claims court.
How Long Does the Process Take?
Filing to hearing: Usually 30–70 days
Judgment: Typically issued at the hearing or within a few weeks
Appeals: Defendants can appeal within 30 days of judgment (plaintiffs cannot appeal)
What Happens If You Win
The court will issue a judgment requiring the defendant to pay
If they don’t pay, you can use collection tools such as wage garnishment, bank levies, or liens (California has some exemptions, so not all assets are collectible)
What Happens If You Lose
You may have to pay the other party’s court costs
The defendant can’t ask for attorney’s fees (lawyers aren’t allowed in California small claims)
You can’t appeal as a plaintiff, but you may request to vacate or set aside a default judgment in some cases
Serving the Defendant in California
Proper service is required. Accepted methods include:
Sheriff or Process Server – Most common
Certified Mail – If approved by the court clerk
Substituted Service – Leaving papers with someone at the defendant’s home or business and mailing a copy
Why Many Start with a Demand Letter
Although not legally required in California, a demand letter is highly recommended. Sending one can:
Resolve the issue without going to court
Show the judge you tried to settle first
Provide evidence that strengthens your case
💡 Tip: We prepare and send California-specific demand letters for $39. Many cases resolve without ever going to court.
How Sue.com Can Help
With our California Small Claims Help Package, we:
Guide you to the correct forms and jurisdiction
Help you file your case correctly with the right county Superior Court
Walk you through preparing evidence and arguments
Provide a Trial Prep Kit with tips for first-time litigants
Offer a $39 California Demand Letter that often gets results before court
What You Can Sue for – Examples in California
Contractor takes money but never finishes work
Neighbor damages fence or property
Friend borrows money and refuses to repay
Landlord won’t return deposit after lease ends
Auto repair shop charges for work not done
Resources – California Small Claims Court
California Courts – Small Claims
California Small Claims Forms (Judicial Council of California)
Form SC-100 – Plaintiff’s Claim and Order to Go to Small Claims Court
Los Angeles County – Small Claims
San Diego County – Small Claims
Orange County – Small Claims
San Francisco County – Small Claims
https://www.sfsuperiorcourt.org/divisions/civil/small-claims
Step 1
Answer a Few Simple Questions
Tell us what happened — who owes you, how much, and why. Our system guides you step-by-step with no legal jargon.
Step 2
We Draft Your California Demand Letter
Using your answers, we instantly generate a professionally written, legally sound California demand letter tailored to your situation.
Step 3
We Mail It for You
We print and mail the legal demand letter directly to the recipient via USPS — creating proof you attempted to resolve the matter before court.
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What is the maximum claim amount in California small claims?
Individuals can sue for up to $12,500, while businesses are limited to $6,250.
Do I need a lawyer in California small claims court?
No. Lawyers are not allowed to represent parties during the hearing.
How much does it cost to file?
The filing fee ranges from $30 to $100, depending on the claim amount and how many cases you’ve filed that year.
How long does it take to get a hearing?
Typically between 1 and 2 months after filing, depending on court availability.
What happens if the defendant doesn’t pay after judgment?
You may need to enforce the judgment through wage garnishment, liens, or bank levies.