How to File Small Claims in California: Forms, Fees, Service and the Hearing

Can your case go to small claims court?

It can if you are asking for money (or certain limited orders) within the dollar limit. A natural person, including a sole proprietor, has a $12,500 ceiling under CCP 116.221. Corporations, partnerships and other businesses are limited to $6,250 under section 116.220.

• Each calendar year, you can bring at most two California small claims cases demanding more than $2,500 (CCP 116.231). SC-100 asks you to confirm this.
• If you have filed more than 12 small claims in the past 12 months, the fee is higher.
• Suing a government body, such as a city or school district, requires a written government claim first, and SC-100 asks for its date.

If your claim is larger than the limit, the civil division of the superior court is the usual route. A small claims advisor can explain your options.

Do you have to ask for the money before filing?

Yes, in most cases. Item 4 of form SC-100 states that you must ask the defendant, in person, in writing or by phone, to pay before you sue, and asks you to explain if you did not. The Self-Help Guide excuses the step when a restraining order is in place between the parties or contact would be unsafe.

A written demand doubles as evidence. Our guide to the demand letter before small claims explains what to include, and the small claims demand letter template gives a starting layout.

Where do you file a small claims case in California?

You file in the county, and courthouse, that the venue rules allow. Section 116.370 says small claims venue follows the same rules as other civil cases. Item 5 of SC-100 lists the usual reasons a courthouse is proper:

• Where the defendant lives or does business.
• Where your property was damaged, or where you were injured.
• Where a contract was made, signed, performed or broken, or where the defendant lived or did business when making it.
• For consumer contracts, retail installment contracts and vehicle finance sales, certain places tied to the buyer, such as where the buyer lives now.

The defendant can challenge venue in writing. If the court finds the venue wrong, it must dismiss the case without prejudice unless every defendant is present and agrees to proceed.

How to file small claims in California, step by step

1. Complete SC-100 with the defendant's proper legal name and address, the amount, how you calculated it and why you chose that courthouse.
2. Add SC-100A if there are more parties, SC-103 if you are a business using a fictitious name, and any local forms your court requires.
3. Make copies: one for you and one for each defendant, plus the original.
4. File in person, by mail with the fee and a self-addressed stamped envelope, or online if your court accepts e-filing.
5. Pay the fee, or ask for a fee waiver if you receive public benefits, have low income or cannot cover basic needs and the fee.
6. Get your case number and hearing date from the clerk, then arrange service on each defendant.

How do you serve the defendant?

Someone 18 or older who is not part of the case must deliver the papers. You cannot serve them yourself. A friend, the sheriff in some counties or a paid process server can do it.

Service must be completed at least 15 days before the hearing if the defendant lives in the county, or 20 days if outside it (CCP 116.340). The server fills out SC-104, Proof of Service, which you file at least five days before the hearing. Form SC-104C helps identify the right person to serve at a business or public entity. If you cannot serve in time, file SC-150 to postpone.

What happens at the small claims hearing?

A judge hears both sides, looks at the evidence and decides, either at the hearing or later by mail. Bring the originals plus copies for the judge and the other side.

• Your demand letter and proof you sent it.
• Contracts, invoices, receipts, estimates and photos with dates.
• Texts and emails, printed in order.
• Witnesses, or form SC-107 to subpoena one.
• A one-page timeline and your calculation of the amount.

If you need an interpreter, ask the court clerk as soon as possible for a court-provided one, for example with form INT-300. SC-100 says you cannot bring your own unless the court has approved that interpreter. A defendant with a claim against you can file SC-120, Defendant's Claim, and bring it in the same case.

Can lawyers help, and who can appeal?

Lawyers cannot represent either side at the hearing, with narrow exceptions for lawyers suing or being sued themselves (CCP 116.530). A lawyer can advise you before or after the case, represent you on appeal and help enforce a judgment. Your county's small claims advisor can also help with filings, hearing procedure and collection; section 116.940 describes what these advisory services provide.

The plaintiff cannot appeal a loss on its own claim (CCP 116.710). The defendant can, by filing SC-140 within 30 days of the clerk handing over or mailing the notice of entry of judgment (CCP 116.750). The appeal is a new trial in superior court, where lawyers may take part. If you win, our guide to collecting a small claims judgment covers the next stage.

The letter that comes before the claim form

Small claims keeps lawyers out of the courtroom, not out of the run-up. Item 4 of SC-100 asks whether you requested payment first, and a written demand that sets out your amount, your math and your deadline on one page answers that question with a document.

Through Talk to My Lawyer, a licensed California attorney writes your letter from your facts and documents (the invoices, messages and receipts behind your claim) and sends it on your behalf before you file. If you are unsure small claims is the right court, a lawyer can weigh that with you before you file.