⚖ 1. What is Small Claims Court?

Small claims court is California's "people's court" - a special division of Superior Court designed to resolve disputes quickly, cheaply, and without lawyers. It's where regular people can get justice without hiring expensive attorneys or navigating complex legal procedures.

Key Facts About California Small Claims Court

Monetary Limits

  • Individuals: Up to $12,500
  • Businesses (Corps/LLCs): Up to $6,250
  • You can sue for less than your full claim

No Attorneys Allowed

  • Both sides must represent themselves
  • Levels the playing field
  • Can consult lawyer beforehand

Quick Resolution

  • Hearing within 30-70 days of filing
  • Most hearings last 15-20 minutes
  • Decision often same day

Low Cost

  • Filing fees: $30-$75
  • Service costs: $25-$75
  • Fee waivers available

What Cases Can You Bring?

Small claims court handles civil disputes where you want money (not specific actions). Common cases include:

What Small Claims CANNOT Handle: Evictions, divorce, child custody, restraining orders, criminal matters, slander/libel, or injunctions. These require different courts.

Who Can File?

Filing Limit Rule: Individuals can only file 2 claims over $2,500 per calendar year. Claims $2,500 and under have no annual limit.

📋 2. Step-by-Step Filing Process

Here's exactly what you need to do to file and pursue your small claims case:

1
Send a Demand Letter First
Before filing, send a formal demand letter to the defendant. This is required for some claims (like security deposits) and strongly recommended for all. Many disputes settle at this stage without court.
1-2 weeks before filing
2
Identify the Correct Defendant
Get the exact legal name. For businesses, search the CA Secretary of State database. Using the wrong name can cost you your case.
Before filing
3
File Your Claim
Complete Form SC-100 (Plaintiff's Claim). File at the courthouse or online (many counties offer e-filing). Bring 3+ copies. Pay filing fee.
Day 1
4
Serve the Defendant
Someone 18+ (NOT you) must deliver the court papers to the defendant. Options: friend/family (free), process server ($25-75), or sheriff ($40-60).
Within 15-25 days before hearing
5
Prepare Your Evidence
Gather all documents, photos, contracts, receipts, and communications. Organize chronologically. Prepare 3 copies of everything (judge, defendant, yourself).
1-2 weeks before hearing
6
Appear at Your Hearing
Arrive 15 minutes early. Dress professionally. Present your case clearly and calmly. Bring all evidence and any witnesses.
30-70 days after filing
7
Collect Your Judgment
If you win, the defendant has 30 days to pay or appeal. If they don't pay voluntarily, you can use wage garnishment, bank levies, or property liens.
30+ days after judgment

Filing Fees

Claim Amount Filing Fee
$1 - $1,500 $30
$1,501 - $5,000 $50
$5,001 - $10,000 $75
Over $10,000 $75
Fee Waiver Available: If you receive public benefits (Medi-Cal, CalFresh, SSI) or your income is below 125% of the federal poverty level, file Form FW-001 to waive all court fees.

Service Requirements

The defendant must be served (delivered the court papers) by the correct deadline:

You Cannot Serve the Papers Yourself! It must be done by someone 18+ who is not a party to the case. After service, file the Proof of Service (SC-104) with the court.

💼 3. Evidence Tips: What to Bring

Strong evidence wins cases. The judge has limited time, so your evidence needs to be organized, clear, and persuasive.

Documents to Bring

Essential Evidence Checklist
Contracts and written agreements The signed document that created the obligation
Your demand letter + proof of delivery Shows you tried to resolve it first
Payment records Canceled checks (front and back), bank statements, receipts, payment app screenshots
Communications Emails, text messages, letters - with dates visible
Photos and videos Print photos on paper - courts may not have screens. Date-stamp if possible.
Repair estimates or invoices Professional estimates of damage/repair costs
Timeline of events One-page chronological summary helps the judge follow your story

How to Organize Your Evidence

1 Create an Evidence Binder
  • Label each document as an "Exhibit" (Exhibit A, B, C, etc.)
  • Include a table of contents at the front
  • Put everything in chronological order
  • Use tabs or dividers between sections
2 Make Three Complete Copies
  • One for the judge
  • One for the defendant
  • One for yourself to reference
3 Create a Case Summary

Prepare a one-page summary that includes:

  • Who you are and who the defendant is
  • What the dispute is about
  • Key dates and events
  • The amount you're claiming and how you calculated it

Witness Preparation

Live witnesses are much more persuasive than written statements. If you have witnesses:

Photos and Screenshots Tips:
  • Print physical copies - don't rely on your phone
  • Include timestamps and dates when visible
  • For text messages, screenshot entire conversations showing context
  • For websites, include the URL and date you captured the screenshot

💬 4. What to Say at Your Hearing

You typically have 5-10 minutes to present your case. Be clear, organized, and stick to the facts.

Opening Statement Template

How to Begin

"Your Honor, my name is [Your Name] and I'm suing [Defendant Name] for [Amount] for [brief reason - e.g., 'breach of contract' or 'failure to return my security deposit' or 'damage to my vehicle']."

"Let me briefly explain what happened..."

Keep your opening to 30 seconds. The judge wants to hear facts, not emotions.

How to Present Your Case

1
Tell the Story Chronologically
"On [date], I entered into an agreement with the defendant to..." Start at the beginning and walk through events in order.
2
Reference Your Evidence
"As shown in Exhibit A, this is the contract we signed..." Hand copies to the judge and defendant as you reference each document.
3
Explain Your Damages
"My total damages are [amount], calculated as follows..." Be specific about how you arrived at your number.
4
Conclude with Your Request
"I'm asking the court to award me [amount] plus my filing costs of [amount]. Thank you."

Common Questions Judges Ask

Be prepared to answer these clearly:

"What is your relationship with the defendant?" Landlord-tenant, contractor-homeowner, buyer-seller, etc.
"Was there a written contract?" If yes, have it ready. If oral, explain what was agreed to.
"When did you first notice the problem?" Be specific with dates.
"How did you calculate your damages?" Break down your amount with specifics.
"Did you try to resolve this before coming to court?" This is where your demand letter is valuable.
"Do you have documentation of that?" The answer should always be "Yes, Your Honor" as you hand over your exhibit.

Courtroom Etiquette

✓ DO:

  • Stand when addressing the judge
  • Say "Your Honor" when speaking to the judge
  • Wait your turn - never interrupt
  • Stay calm, even if the defendant lies
  • Dress professionally (business casual minimum)
  • Answer questions directly and briefly
  • Address only the judge, not the defendant

✗ DON'T:

  • Interrupt the judge or defendant
  • Argue directly with the defendant
  • Get emotional or raise your voice
  • Make faces or gestures
  • Chew gum or eat
  • Use your phone
  • Be late
If the Defendant Doesn't Show: You'll likely win a default judgment. Still present your case briefly - the judge needs evidence to determine the amount.

💰 5. Collecting Your Judgment

Winning is only half the battle. If the defendant doesn't pay voluntarily, you have legal tools to collect what you're owed.

What Happens After You Win

1
30-Day Waiting Period
The judgment isn't final until the appeal period expires. The defendant has 30 days to appeal.
2
Send Payment Demand
Send a formal letter with a copy of the judgment, total owed (including interest), and a deadline. Many people pay at this point.
3
Begin Enforcement
If they don't pay, use collection methods below. Interest accrues at 10% per year.

Collection Methods

Wage Garnishment

Collect up to 25% of the debtor's disposable earnings directly from their employer each pay period.

Best for: Employed debtors with steady income

Forms: WG-001, WG-002

Bank Levy

Freeze and collect money directly from the debtor's bank accounts. One-time seizure of whatever's in the account.

Best for: Debtors with known bank accounts

Form: EJ-130 (Writ of Execution)

Property Lien

Attach your judgment to real property. Gets paid when they sell or refinance their home.

Best for: Property owners, long-term collection

Form: EJ-001 (Abstract of Judgment)

Vehicle Lien

Place a lien on the debtor's vehicle through the DMV. Prevents them from selling without paying you.

Best for: Debtors with valuable vehicles

DMV Form: REG 488

Debtor Examination

Subpoena the debtor to court to answer questions about their assets, income, and bank accounts under oath.

Best for: Finding hidden assets

Form: SC-134

Till Tap (Business Levy)

Sheriff goes to debtor's business and collects cash from registers and safes.

Best for: Cash businesses (restaurants, retail)

Form: EJ-130 with instructions
Important Numbers to Remember:
  • Judgment is valid for 10 years (renewable for another 10)
  • Interest accrues at 10% per year
  • You can add collection costs to what's owed
  • File satisfaction of judgment (EJ-100) within 15 days of full payment
Judgment-Proof Debtors: Some people have no wages, bank accounts, or property to collect from. If so, keep your judgment alive by filing liens and renewing when necessary. Circumstances change - they may get assets later.

🏛 6. County-Specific Court Information

Each California county has its own Superior Court with specific locations, filing options, and local rules. Find your court below:

Major California Counties

Los Angeles San Diego Orange Riverside San Bernardino Santa Clara Alameda Sacramento San Francisco Contra Costa Fresno Ventura

Online Filing Availability

Many California courts now offer online filing, saving you a trip to the courthouse:

Statewide Resources

Helpful Links:

Small Claims Advisors

Most California courts offer free small claims advisors who can help you understand procedures, review your documents, and prepare for your hearing. They cannot give legal advice, but they're extremely helpful.

Check your court's website or call the clerk's office to find advisor hours.

⚠ 7. Common Mistakes to Avoid

Don't let these common errors cost you your case:

✗ Wrong Defendant Name

Suing "Joe's Plumbing" when the legal name is "Joseph Smith DBA Joe's Plumbing" or "Joe's Plumbing Services LLC" can mean your judgment is unenforceable.

Solution: Always search the CA Secretary of State database for the exact legal name. For individuals, get their full legal name from contracts, checks, or ID.

✗ Missing Service Deadlines

If you don't serve the defendant in time (15 days within county, 25 days outside), your case will be delayed or dismissed.

Solution: Serve immediately after filing. Use a professional process server if time is tight. File proof of service with the court promptly.

✗ Serving Papers Yourself

You cannot personally serve the defendant. Many cases are lost or delayed because plaintiffs didn't know this rule.

Solution: Have any adult (18+) who is NOT a party to the case serve the papers. Document it with a proof of service form.

✗ Poor Evidence Organization

Showing up with a messy stack of papers frustrates judges and makes you look unprepared. You may not be able to find key documents when you need them.

Solution: Create an organized binder with labeled exhibits, a table of contents, and three complete copies. Practice referencing documents smoothly.

✗ Getting Emotional

Crying, yelling, or arguing with the defendant hurts your credibility. Judges want facts, not drama.

Solution: Practice your presentation beforehand. Stick to facts and dates. If you feel emotional, pause, take a breath, and continue calmly.

✗ Not Calculating Damages Precisely

Saying "they owe me a lot" or giving a vague number without backup makes judges skeptical of your entire claim.

Solution: Break down your damages into specific line items with documentation for each. Be able to explain exactly how you arrived at your total.

✗ Skipping the Demand Letter

Filing without first sending a demand letter signals you didn't try to resolve it. For some claims (like security deposits), it may be legally required.

Solution: Always send a demand letter first. Give a reasonable deadline (10-14 days). Send it certified mail with return receipt. Keep copies.

✗ Filing in the Wrong Court

Filing in the wrong venue (location) can get your case dismissed or transferred, wasting time and money.

Solution: Generally file where the defendant lives/does business, where the contract was signed/performed, or where the incident occurred.

Success Tips

✓ Best Practices

  • Visit the courthouse before your hearing date
  • Arrive 15 minutes early
  • Watch other cases to see how the judge operates
  • Practice your presentation out loud
  • Anticipate defendant's arguments
  • Bring more evidence than you think you need
  • Have a backup copy of everything on your phone

💡 Pro Tips

  • Consider mediation if offered - guaranteed settlement beats uncertain judgment
  • Use the free small claims advisor service
  • Be prepared to negotiate on the spot
  • If you win, send payment demand immediately after 30-day appeal period
  • Document everything - you never know what you'll need

Need a Demand Letter First?

Many disputes settle after receiving a professional demand letter, avoiding the need for court entirely.

Create Free Demand Letter

Find Your Court Forms

Access all California small claims forms directly from the official courts website.

Get Court Forms