Complete step-by-step guide to getting your case properly filed and ready for court
Filing Your Small Claims Case Right the First Time
California's small claims court offers an accessible path to justice for disputes up to $12,500 (or $6,250 for businesses). The process is designed for self-represented parties, but proper filing is essential—mistakes here delay your case and can result in dismissal.
This guide walks you through every step, from choosing the right court to submitting your forms. I've helped clients navigate this process for years and see the same avoidable errors repeatedly.
$12,500
Maximum Claim (Individual)
$6,250
Maximum Claim (Business)
$30-$75
Filing Fee Range
Step 1: Determine If Small Claims Is Right for Your Case
Before filing, confirm small claims court is appropriate:
Eligible Claims
Money owed (contracts, loans, unpaid invoices)
Property damage
Personal injury (minor)
Security deposit disputes
Warranty claims
Consumer disputes
Not Eligible for Small Claims
Evictions (use unlawful detainer)
Defamation/slander
Claims over the limit
Injunctions or restraining orders
Name changes or family law matters
Important: If your claim exceeds $12,500, you have options: (1) reduce your claim to $12,500 and waive the excess, or (2) file in Limited Civil Court instead. You cannot split one claim into multiple small claims cases.
Step 2: Choose the Correct Court
Filing in the wrong court is a common mistake. California law (CCP § 116.370) specifies venue requirements:
Where to File
Contract Cases
Where the contract was signed OR where the defendant resides/does business
Personal Injury / Property Damage
Where the injury/damage occurred OR where the defendant resides
Retail Installment Contracts
Where the buyer resides at time of filing
Landlord-Tenant Disputes
Where the rental property is located
Pro Tip: When multiple venues are valid, choose strategically. Filing where the defendant lives/works makes service easier and increases chances they'll appear.
Step 3: Complete Required Forms
Every small claims case requires specific Judicial Council forms:
SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court
The primary form. Lists parties, claim amount, and brief description of your case. Must be completed accurately.
SC-100A: Other Plaintiffs
Required if you're filing with additional co-plaintiffs (more than one person bringing the claim).
SC-100B: Other Defendants
Required when suing multiple defendants (individuals or businesses beyond the first).
SC-100C: Fictitious Business Name Declaration
Required when suing a business by its DBA (fictitious business name).
Completing Form SC-100
Use defendant's exact legal name (check Secretary of State for businesses)
Include complete addresses for all parties
State specific dollar amount—don't write "maximum" or ranges
Describe claim briefly but specifically (date, nature of dispute, damages)
Calculate and include filing fee
Common Mistake: Suing "John's Plumbing" when the legal entity is "J. Smith Plumbing Services, Inc." means you won't be able to collect your judgment. Verify legal names before filing.
Step 4: Calculate and Pay Filing Fees
Filing fees vary by claim amount (current as of 2024):
Claim Amount
Filing Fee
$1,500 or less
$30
$1,501 - $5,000
$50
$5,001 - $10,000
$75
Over $10,000
$100
Additional fees may apply for:
Each additional defendant: Varies by county
Sheriff service: $40-$75
Certified mail service: $20-$30
Fee Waiver: If you can't afford filing fees, request a fee waiver using Form FW-001. Courts grant waivers for those receiving public benefits or with income below 125% of federal poverty guidelines.
Step 5: File Your Claim
Submission options vary by court:
In-Person Filing
Bring original plus 2 copies
Pay fee by check, money order, or cash (some accept credit cards)
Clerk stamps and assigns hearing date
You receive copies for service
Online Filing
Many California courts now accept online filing through their websites. Check your specific court's website for availability. Benefits include:
24/7 submission
Credit card payment
Electronic tracking
Faster processing
After Filing
The court will:
Assign a case number
Schedule a hearing date (typically 30-70 days out)
Return stamped copies for service on defendant
Filing Deadline: Statute of Limitations
Your claim must be filed within legal time limits:
Type of Claim
Time Limit
Written contract
4 years
Oral contract
2 years
Personal injury
2 years
Property damage
3 years
Fraud
3 years from discovery
Security deposit
4 years (3 for bad faith)
Don't Wait: Time limits are strictly enforced. If you file even one day late, your case will be dismissed. When in doubt, file sooner.
Need Help With Your Small Claims Filing?
While I can't represent you in small claims court (California law prohibits attorneys), I can help you prepare your case, review your forms, and develop your strategy before filing.