California Small Claims Court Guide

What is Small Claims Court?

Small claims court is a special court where disputes involving smaller amounts of money can be resolved quickly, inexpensively, and informally. You represent yourself—attorneys are not allowed in small claims court (though they can provide advice before your hearing). Cases typically resolve within 2-4 months of filing.

The process is governed by California Code of Civil Procedure sections 116.110 through 116.950. The judge makes decisions based on the evidence you present, and their decision is usually final.

Who Can File in Small Claims Court?

California small claims courts have specific jurisdiction limits based on who is filing:

• Individuals: Can sue for up to $12,500 per case
• Businesses/Entities: Limited to $6,250 per case
• Frequency Limit: Cannot file more than 2 cases over $2,500 in California during a calendar year
• Age Requirement: Must be 18+ to file (minors must have parent/guardian file as guardian ad litem)
• Proper Party: Must be the person or entity directly involved in the dispute

Types of Cases You Can File

Small claims court handles a wide variety of civil disputes, including:

Contract Disputes

• Breach of written contracts (services not performed, goods not delivered)
• Breach of oral agreements
• Unpaid loans or personal debts
• Contractor deposits and unpaid work
• Purchase disputes (defective products, services not as promised)

Property Disputes

• Security deposit recovery (residential and commercial leases)
• Property damage to real or personal property
• Unpaid rent from tenants
• Landlord property damage claims

Vehicle-Related Claims

• Car accident damage (property damage only, not injury)
• Repair disputes (mechanic work, body shops)
• Sale of defective vehicles
• Towing and storage disputes

Personal Property

• Unpaid wages (under the limit)
• Return of personal property or its value
• Damage to personal belongings
• Unpaid bills for goods or services

Key Statutes

California small claims courts are governed by specific sections of the Code of Civil Procedure:

• CCP § 116.110-116.950: Complete small claims court procedures
• CCP § 116.220: Jurisdiction limits ($12,500 individuals, $6,250 businesses)
• CCP § 116.221: Frequency limitation (2 cases over $2,500/year)
• CCP § 116.230: Where you can file (venue requirements)
• CCP § 116.340: How to serve the defendant
• CCP § 116.540: Trial procedures and evidence rules
• CCP § 116.610-116.620: Judgments and appeals

Complete Filing Process

Follow these six steps to file and pursue your small claims case in California:

1. Determine If Your Case Qualifies

   Before filing, confirm:

   • Your claim is $12,500 or less ($6,250 if you're a business)
   • You haven't filed more than 2 cases over $2,500 this calendar year
   • Your case type is appropriate for small claims court
   • You're within the statute of limitations
   • You have the correct defendant information (legal name, address)

2. Send a Demand Letter

   Before filing in court, you must make a demand for payment. Many courts require proof you attempted to resolve the dispute. A formal demand letter (which I can prepare for $575) often resolves the matter without court, saving you time and filing fees.

   Why a demand letter works: Many people and businesses pay valid claims once presented formally in writing. A demand letter from an attorney often gets faster results than months of informal requests.

3. Complete and File Forms

   File these forms with the court clerk:

   • SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court
   • SC-100A: Additional plaintiff/defendant attachment (if needed)
   • MC-031: Request for Fee Waiver (if you qualify based on income)

   You can file in person, by mail, or online (some counties). Pay the filing fee based on your claim amount. The court will set a hearing date, typically 4-12 weeks out.

4. Serve the Defendant

   After filing, you must legally "serve" the defendant with copies of your filed claim. Service must occur at least 15-20 days before the hearing (depending on method). You have three options:

   • Personal Service: Someone 18+ (not you) hands papers directly to defendant
   • Substituted Service: Leave papers with competent adult at home/business, then mail copy
   • Service by Mail: Court clerk mails by certified mail (adds cost, takes longer)

   The process server or person who serves must complete a Proof of Service (form SC-104) and file it with the court before your hearing.

   Critical Requirement: If the defendant isn't properly served, the court will postpone or dismiss your case. Make sure service is done correctly and filed on time.

5. Prepare Your Evidence

   Organize all evidence supporting your claim:

   • Written contracts, receipts, invoices, and bills
   • Photographs of damage or defective items
   • Emails, text messages, and correspondence
   • Witness statements or live witnesses (if available)
   • Estimates and repair quotes
   • Any evidence showing the defendant's liability and your damages

   Bring multiple copies: one for the judge, one for the defendant, and one for yourself. Organize chronologically and prepare a brief summary of your case.

6. Attend the Hearing

   Arrive early, dress professionally, and bring all evidence. The hearing is informal:

   • You'll present your case first (usually 10-15 minutes)
   • The defendant responds
   • The judge asks questions
   • The judge makes a decision (sometimes immediately, sometimes mailed later)

   Speak clearly, stick to facts, and avoid emotional arguments. The judge wants to hear what happened, see evidence, and understand damages.

After You Win: Collecting Your Judgment

Winning in court doesn't automatically put money in your pocket. If the defendant doesn't pay voluntarily within 30 days, you'll need to collect your judgment. Options include:

• Bank Levy: Seize funds from defendant's bank account
• Wage Garnishment: Take portion of defendant's paycheck (if employed)
• Property Lien: Place lien on defendant's real estate
• Till Tap: Collect directly from defendant's business cash register
• Debtor's Examination: Force defendant to disclose assets under oath

Collection can be complex. Many judgment creditors hire an attorney or judgment collection service to handle enforcement.

Related Tools & Templates

Official California Resources

• California Courts Self-Help: www.courts.ca.gov/selfhelp-smallclaims.htm
• Small Claims Forms: www.courts.ca.gov/forms.htm
• California Code of Civil Procedure: CCP §§ 116.110-116.950
• Find Your Local Court: www.courts.ca.gov/find-my-court.htm