Filing Small Claims FAQ

To file a small claims case in California, you must complete Form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). Start by obtaining the form from your local courthouse or the California Courts website. Fill out the form completely, including your information, the defendant's name and address, the amount you're claiming, and a brief description of your claim. You'll need to file the original and at least two copies with the small claims clerk in the proper court.

The filing fee ranges from $30 to $75 depending on the claim amount. After filing, you must arrange for proper service on the defendant at least 15 days before the hearing if served in-county, or 20 days if served out-of-county. The court will assign a hearing date, typically within 30-70 days of filing.

The primary form required is SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). However, depending on your case circumstances, you may also need additional forms:

• SC-103 (Fictitious Business Name Attachment) if suing a business operating under a fictitious name
• SC-104 (Amendment to Plaintiff's Claim) if you need to correct information after filing
• SC-104B (Attachment to Plaintiff's Claim) for additional defendants or claims
• SC-110 (Request to Postpone Trial) if the defendant has moved or you need more time

All forms are available free at California courts' self-help centers or online at courts.ca.gov. Ensure you make sufficient copies as you'll need the original for the court, one copy for yourself, and one copy for each defendant.

California small claims filing fees are based on the amount of your claim and how many small claims cases you have filed in the past 12 months:

• Claims up to $1,500: $30 (or $100 if 12+ cases filed in past year)
• Claims $1,500.01 to $5,000: $50 (or $100 if 12+ cases)
• Claims $5,000.01 to $10,000: $75 (or $100 if 12+ cases)

Additional costs may include service of process fees ($25-75 for personal service by a process server or sheriff), costs for certified mail service, and potential witness fees. If you cannot afford these fees, you may apply for a fee waiver by filing Form FW-001. The court may also award these costs to the winning party as part of the judgment.

California small claims cases must be filed in the proper venue, which is determined by specific rules. Generally, you must file where the defendant lives or where a business defendant has its principal place of business. Alternative venues include:

• Where the contract was signed or was to be performed
• Where the buyer or lessee resided at contract time for consumer transactions
• Where injury to person or damage to property occurred
• Where the rental property is located for landlord-tenant disputes

If you file in the wrong court, the defendant can request a transfer to the proper venue, which will delay your case. If the defendant doesn't object, the court may still hear your case. For disputes involving online transactions, the venue is typically where you resided when you entered the contract.

Proper service is critical to your small claims case. In California, you cannot serve the papers yourself. Service options include:

• Personal service: Someone 18+ who is not a party hands documents directly to the defendant
• Substituted service: Papers left with a responsible adult at defendant's home or workplace plus mailing a copy
• Certified mail with return receipt requested
• Service by professional process server or sheriff

For businesses, you can serve an officer, general manager, or person authorized to receive process. Service must be completed at least 15 days before the hearing for defendants within the county, or 20 days for out-of-county defendants. After service, the server must complete a Proof of Service form (SC-104) which must be filed with the court before your hearing.

California small claims court handles various civil disputes where you seek money damages up to the jurisdictional limit. Common cases include:

• Breach of contract disputes
• Property damage claims
• Landlord-tenant security deposit disputes
• Unpaid wages or commissions
• Personal injury from accidents
• Disputes over services not performed or poorly performed
• Return of personal property or its value
• Bad check claims
• Vehicle accident damage

You can only sue for money damages in small claims court - you cannot ask the court to order someone to do something or stop doing something (injunctive relief). If your claim involves property, you can sue for the fair market value of the property.

California imposes strict statutes of limitations for filing small claims cases, and these deadlines vary by claim type:

• Written contracts: 4 years from breach date
• Oral contracts: 2 years
• Personal injury claims: 2 years from injury date
• Property damage claims: 3 years
• Fraud claims: 3 years from discovery
• Returned check claims: 1 year
• Security deposit disputes: 2 years

These deadlines are strictly enforced - if you miss your deadline, the court will dismiss your case. The time limit begins when the cause of action accrues, which is typically when the breach or injury occurred, not when you discovered it, except in fraud cases. Consider filing promptly to preserve evidence and witness recollections.

Yes, you can sue an out-of-state defendant in California small claims court, but you must establish proper jurisdiction. California courts can exercise jurisdiction over non-residents who have sufficient minimum contacts with California. This typically means the defendant conducted business in California, the contract was formed or to be performed in California, or the injury or damage occurred in California.

You must serve the out-of-state defendant at least 20 days before the hearing date. Service can be accomplished by certified mail with return receipt, by hiring a process server in the defendant's state, or through substitute service methods. Be aware that even if you obtain a judgment, collecting from an out-of-state defendant can be challenging. You may need to domesticate your California judgment in the defendant's home state using the Uniform Enforcement of Foreign Judgments Act.

After filing your small claims case, several important steps follow. First, the clerk will assign a hearing date, usually within 30-70 days of filing. You must then arrange for proper service on the defendant within the required timeframe. The defendant may file a response or claim against you (a defendant's claim using Form SC-120).

Before the hearing, gather all your evidence including documents, photos, receipts, and contracts. Consider bringing witnesses who can support your version of events. Some courts offer free small claims advisors who can help you prepare. On the hearing day, arrive early with organized documents and copies for the judge and defendant. The judge will hear both sides, ask questions, and examine evidence. In California, decisions are often announced by mail rather than immediately in court. If you win, the judge will issue a judgment in your favor, and the defendant typically has 30 days to pay before you can begin collection efforts.

Yes, you can amend your small claims complaint in California using Form SC-104 (Amendment to Plaintiff's Claim) before your hearing date. Common reasons for amendments include correcting the defendant's name or address, adding or removing defendants, changing the claim amount based on new information, or clarifying the description of your claim.

If you need to add a significant amount to your claim that exceeds the small claims limit, you'll need to decide whether to file a new case in civil court or reduce your claim to stay within small claims limits. For minor corrections, you may be able to make them at the hearing with the judge's permission. If changes affect service requirements, you may need to re-serve the defendant and request a continuance to allow adequate notice. There is typically a small fee for filing an amendment. It's best to file amendments as early as possible to avoid delays and ensure the defendant has adequate notice of the changes.