Small Claims Guide in California

The California small claims process offers a fast, affordable way to settle disputes without hiring an attorney. Whether you're seeking payment for an unpaid invoice, property damage, or a faulty product, this guide walks you through every step—from filing Form SC‑100 to collecting your judgment. The information below reflects the latest 2025 rules and fee schedules. If you still have questions after reading, schedule a free 15‑minute consultation to discuss your specific case.

What Is Small Claims Court in California?
Who Can Sue?
Monetary Limits (2025 Update)
Step‑by‑Step Filing Process
Required Forms
Filing Fees & Waivers
Serving the Defendant
Preparing for the Hearing
Day‑of‑Court Checklist
Collecting Your Judgment
Appeals & Post‑Judgment Motions
Common Mistakes to Avoid
Resources & Links

What Is Small Claims Court in California?

Handles disputes quickly—most hearings last 10–15 minutes
No attorneys may represent parties at the hearing (though you can consult one beforehand)
Designed for self‑represented litigants with simplified rules of evidence
Decisions are typically issued the same day or mailed within a few weeks

Who Can Sue in California Small Claims Court?

Individuals age 18+ or emancipated minors
Businesses (corporations, LLCs, partnerships)
Government entities (limited circumstances)
Landlords (security‑deposit disputes)
Exclusions: Assignments of claims, class actions, and libel/slander cases

Monetary Limits (2025 Update)

Plaintiff Type	Maximum Claim Amount
Individuals	$12,500
Businesses	$6,250
Exceptions	Claims for bodily injury from auto accidents capped at $7,500 if insured

Step‑by‑Step Filing Process

Confirm Jurisdiction
- Claim within monetary limits
- Proper venue (where defendant lives or contract was signed)
Send a Demand Letter
- State the amount owed and deadline to respond
- Keep proof of mailing (certified mail recommended)
Gather Evidence
- Contracts, receipts, photos, texts, emails, repair estimates
Identify the Correct Defendant
- Use full legal name; for businesses, search the California Secretary of State database
Choose the Right Courthouse
- Check county small‑claims division locator
Complete Form SC‑100 (Plaintiff's Claim)
- Include claim amount, basis, and supporting facts
File Your Claim
- Pay filing fee ($30–$75) or request Form FW‑001 for fee waiver
Serve the Defendant
- Personal service, substituted service, or certified mail by clerk
- Deadline: At least 15 days before hearing (20 days if out‑of‑county)
File Proof of Service (Form SC‑104)
- Must be filed at least 5 days before the hearing
Prepare for the Hearing
- Organize evidence chronologically
- Practice a concise 2‑minute statement
- Bring three copies of all documents

Required Forms

SC‑100 — Plaintiff's Claim and Order to Go to Small Claims Court
SC‑104 — Proof of Service
SC‑104B — Substituted Service Attachment (if applicable)
SC‑133 — Judgment Debtor's Statement of Assets (post‑judgment)
FW‑001 — Request to Waive Court Fees (optional)

Filing Fees & Waivers

Claim Amount	Filing Fee
Up to $1,500	$30
$1,501 – $5,000	$50
$5,001 – $12,500	$75

Fee Waiver: Submit Form FW‑001 + FW‑003 (Order on Fee Waiver)
Payment methods: Cash, credit card, or check (varies by county)

Serving the Defendant

Personal Service — Sheriff or registered process server
Substituted Service — Leave with adult at defendant's home/work + mail copy
Certified Mail — Clerk mails; only valid if defendant signs receipt
Cost Range: $0 (friend/relative) to $200 (professional server)

Preparing for the Hearing

Organize Evidence in folders or digital binder
Witnesses: Subpoena via Form SC‑107 if needed
Timeline: Create a simple chronology of events
Damages Calculation: Bring invoices, estimates, or repair bills
Dress & Etiquette: Business casual; address judge as “Your Honor”

Day‑of‑Court Checklist

Arrive 30 minutes early to check in
Participate in court‑sponsored mediation if offered
Present concise statement; let evidence speak
Collect the judge's decision or wait for mailed notice

Collecting Your Judgment

Wait 30 days (appeal period)
Demand for Payment letter to defendant
Writ of Execution (Form EJ‑130) for wage garnishment or bank levy
Abstract of Judgment (Form EJ‑001) to place lien on real property
Renew Judgment before it expires (10 years)

Appeals & Post‑Judgment Motions

Defendant's Appeal: Must file within 30 days of judgment notice
Motion to Vacate (Form SC‑135): For clerical errors or excusable neglect
No Appeals for Plaintiffs: Judgment is final unless vacated

Common Mistakes to Avoid

Suing the wrong defendant (use full legal name)
Missing service deadlines
Over‑claiming beyond monetary limits
Insufficient evidence or disorganized presentation
Failing to collect after winning judgment