California Small Claims Court: A Step-by-Step Guide
How much you can sue for, what it costs, where to file, how to serve the other side, what happens at the hearing and how to collect.
California small claims court handles disputes up to $12,500 for individuals and sole proprietors and $6,250 for businesses. It costs $30 to $75 to file, lawyers can't appear at the hearing, and you can file only 2 claims over $2,500 a year. Most cases are heard within 1 to 2 months.
1. Make sure your case belongs in small claims
- Amount: up to $12,500 if you're an individual or sole proprietor, $6,250 for a corporation, LLC or partnership, and $5,000 for a public entity. Claims against a guarantor have lower limits ($3,125 to $8,125).
- Yearly cap: no more than 2 claims over $2,500 anywhere in California in a calendar year.
- Too big? You can give up the amount over the limit and stay in small claims, or file in the civil division of superior court for the full amount.
- Mostly money: small claims awards money. A judge can also order a contract undone, rewritten or carried out, but can't grant most injunctions or divorces.
- Time limit: the claim must still be within its statute of limitations, for example 2 years for most injuries and 4 years for a written contract. Check yours with the Statute of Limitations Lookup.
Before filing, send the other side a written demand for payment. Many courts expect it, and it often settles the dispute.
2. File the claim
Fill out form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court) and file it with the court. The right court is one where the defendant lives or does business, where the damage or accident happened, or where the contract was signed or carried out. Filing in the wrong county gets the case dismissed unless the defendant shows up and agrees to go ahead.
| Amount you claim | Filing fee |
|---|---|
| $1,500 or less | $30 |
| $1,500.01 to $5,000 | $50 |
| Over $5,000 | $75 |
| Any amount, if you filed more than 12 small claims in the past 12 months | $100 |
Fee change on January 1, 2027: AB 2781 moves the line between the $50 and $75 fees from $5,000 to $6,250, so claims of $5,001 to $6,250 will cost $50 instead of $75.
If you can't afford the fee, file a fee waiver request (form FW-001) at the same time.
3. Serve the defendant
You can't hand the papers over yourself. Have the clerk mail them by certified mail, or have an adult who isn't part of the case, a sheriff or a registered process server deliver them. Service must be complete at least 15 days before the hearing if the defendant lives in the county, or 20 days if they live elsewhere, and the proof of service is due at least 5 days before the hearing.
4. Prepare for the hearing
Bring everything that proves your claim: contracts, receipts, photos, texts, emails, repair estimates and witnesses (or their signed statements). Bring copies for the judge and the other side, and practice explaining the dispute in a few minutes. Lawyers can advise you beforehand, but they can't speak for you at the hearing. Every county also has a free small claims advisor who can help you prepare.
The defendant can file a counterclaim against you (form SC-120), which is heard at the same time.
5. After the judgment
- If you lose your own claim, you can't appeal; the decision is final.
- The defendant can appeal within 30 days after the notice of entry of judgment is mailed or delivered. The appeal is a brand-new hearing in superior court, where lawyers are allowed.
- Collecting is up to you. If the other side doesn't pay, you can have them fill out a statement of assets, garnish wages, levy a bank account or record a lien on property. A money judgment lasts 10 years and can be renewed.
Check your claim
The Small Claims Court Checker applies the dollar limits, the yearly cap and the fee table to your case and gives you the service deadline. Common small claims cases include security deposits and unpaid wages; see the Security Deposit Return Calculator for the deposit math.
Frequently Asked Questions
What is the small claims limit in California?
$12,500 for individuals and sole proprietors, $6,250 for businesses and other entities, and $5,000 for public entities. You can file only 2 claims over $2,500 per calendar year.
How much does small claims court cost in California?
The filing fee is $30, $50 or $75 depending on the amount ($100 if you filed more than 12 claims in the last year), plus the cost of serving the defendant. A fee waiver is available if you can't afford it. If you win, the judge can order the other side to repay your costs.
How long does small claims court take in California?
The hearing is usually 1 to 2 months after you file, and the judge often decides that day or mails the decision soon after. If the defendant appeals, add a new hearing in superior court.
Can a business sue in small claims court?
Yes. A corporation, LLC or partnership can claim up to $6,250 and must send an employee, officer or director, not a lawyer, to the hearing. A sole proprietor is treated as an individual, with the $12,500 limit.
What happens if the defendant does not pay a small claims judgment?
You have to collect it yourself. After the 30-day appeal period, you can ask the debtor to fill out a statement of assets, garnish wages, levy a bank account or put a lien on property. A California money judgment lasts 10 years and can be renewed.
This article is for general information only and is not legal advice. Sources: Code of Civil Procedure 116.220, 116.221, 116.230, 116.231, 116.340, 116.370, 116.530, 116.710, 116.750 and 683.020; Judicial Council form SC-100-INFO; California Courts Self-Help Guide, Small Claims.