Complete Small Claims Guide
Interactive jurisdiction checker, filing checklist, evidence preparation, court day tips, and judgment collection strategies. Everything you need to win.
Demand Letter to Lawsuit
Convert your demand letter into a small claims case. Learn when to file, how to use your demand letter as evidence, and calculate your total damages.
Pre-Filing Demand Letter
Send a demand letter before filing. Often gets you paid without court. Required step for some claims and always strengthens your case.
California Small Claims Court Overview
California Small Claims Court provides a simplified, affordable way to resolve disputes without attorneys. Governed by California Code of Civil Procedure Sections 116.110-116.950, small claims court is designed for self-represented parties to present their cases directly to a judge.
Jurisdiction Limits
| Plaintiff Type | Maximum Claim Amount | Cases Per Year |
|---|---|---|
| Individual (natural person) | $12,500 | 2 claims over $2,500/year |
| Sole proprietorship | $12,500 | 2 claims over $2,500/year |
| Partnership | $12,500 | 2 claims over $2,500/year |
| Corporation (including LLCs) | $6,250 | Unlimited claims |
| Other entities (associations, etc.) | $6,250 | Unlimited claims |
Citation: California Code of Civil Procedure Section 116.220-116.231
What Can Be Filed in Small Claims Court
💰 Money Owed
Unpaid loans, bounced checks, unpaid invoices, security deposit disputes, unpaid wages (under $12,500)
🛠 Contract Disputes
Breach of written or oral contracts, service agreements, purchase disputes, warranty claims
🚗 Property Damage
Car accidents, property damage by neighbors, damaged goods, vandalism claims
🏠 Landlord-Tenant
Security deposit returns, repair reimbursement, lease violations (money claims only)
🛒 Consumer Issues
Defective products, services not rendered, false advertising, warranty claims
🤝 Personal Injury
Minor injuries under $12,500, dog bites, slip and fall accidents
What CANNOT Be Filed
- Evictions - Must use unlawful detainer process
- Family law matters - Divorce, child custody, child support
- Name changes - Requires separate petition
- Injunctions or restraining orders - Must file in civil court
- Defamation/libel/slander - Generally not appropriate for small claims
- Claims against federal government - Requires federal court or administrative process
Filing Fees
California small claims court filing fees vary based on the amount of your claim. These fees are set by the Judicial Council and are current as of 2024.
| Claim Amount | Filing Fee |
|---|---|
| $0 - $1,500 | $30 |
| $1,500.01 - $5,000 | $50 |
| $5,000.01 - $10,000 | $75 |
| $10,000.01 - $12,500 | $100 |
Additional costs may include:
- Service of process: $20-$75 (sheriff) or varies (process server)
- Certified mail service: ~$10-15
- Motion to vacate: $20
- Appeal filing: $75
Small Claims Process Overview
Key Deadlines
- Service deadline: Defendant must be served at least 15 days before hearing (25 days if outside county)
- Hearing date: Typically 30-70 days after filing
- Appeal deadline: 30 days from date judgment was mailed (defendant only - plaintiffs cannot appeal)
- Judgment collection: Can begin after 30 days if no appeal filed
- Written contracts: 4 years
- Oral contracts: 2 years
- Property damage: 3 years
- Personal injury: 2 years
- Fraud: 3 years from discovery
Essential Judicial Council Forms
These are the official California Judicial Council forms required for small claims proceedings. All forms are available free at courts.ca.gov/forms.htm
| Form Number | Form Name | Purpose |
|---|---|---|
| SC-100 | Plaintiff's Claim and ORDER to Go to Small Claims Court | Main filing document to initiate your case |
| SC-104 | Defendant's Claim and ORDER to Go to Small Claims Court | For defendant to file counter-claim |
| SC-105 | Notice to All Plaintiffs and Defendants | Information sheet about small claims court |
| SC-107 | Request to Postpone Small Claims Hearing | To request a continuance |
| SC-109 | Request to Pay Judgment in Installments | For judgment debtor to request payment plan |
| SC-120 | Small Claims Subpoena for Personal Appearance | Compel witness attendance |
| SC-133 | Request to Correct or Vacate Judgment | Fix clerical errors or challenge default |
Ready to File Your Small Claims Case?
Use our complete guide with interactive tools to check jurisdiction, prepare evidence, and navigate the process from filing to judgment collection.