Small Claims Guide in California

Last updated: November 2026. Reviewed by Pavel Kolmogorov, California business litigation attorney (State Bar No. 321018).

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 2026 rules and fee schedules.

Small claims can feel straightforward until you're staring at the forms and wondering whether a small mistake will cost you time—like listing the wrong defendant name, filing in the wrong courthouse (venue), leaving out required information, or submitting incomplete paperwork that leads to delays or a rejected filing. If you'd like extra peace of mind, we can help you prepare a complete small claims filing packet, double‑check common problem areas (including venue/court selection and form completeness), and guide you through submission (including e‑filing where available).

Two situations take a dispute out of small claims. If the amount is above the limit ($12,500 for an individual, $6,250 for a business entity) and you do not want to waive the difference, or if you need an injunction, a jury, or discovery, the case belongs in limited or unlimited civil court. Those cases are what we handle. See our California breach of contract attorney page and our business litigation practice, or call (909) 235-6116 to discuss whether a larger claim is worth filing. For collecting an unpaid business debt of any size, start with our guide to collecting unpaid invoices in California.

What Is Small Claims Court in California?
Who Can Sue?
Monetary Limits (2026 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)
Exclusion: the assignee of a claim generally may not file it in small claims court

Monetary Limits (2026 Update)

Plaintiff Type	Maximum Claim Amount
Individuals (natural persons), including sole proprietors	$12,500
Corporations, LLCs, partnerships, and other parties that are not natural persons	$6,250
Exceptions	Lower limits of $3,125, $5,000, or $8,125 apply to most claims against a guarantor. A city, county, or other local public entity may not file a claim over $5,000. No other party may file more than two small claims cases over $2,500 in California in a calendar year.

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 the filing fee ($30 to $75, or $100 if you have filed more than 12 other small claims in California in the past 12 months) or request a fee waiver with Form FW‑001
Serve the Defendant
- Personal service, substituted service, or certified mail by clerk
- Deadline: service must be complete at least 15 days before the hearing (20 days if the defendant resides outside the county). Substituted service is deemed complete on the 10th day after the mailing, so the papers must be left and mailed at least 25 days before the hearing (30 days if the defendant resides outside the 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: What Is "Proof of Service?" (an information sheet on how to have the papers served)
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: by any adult who is not a party to the case, such as a friend or relative, a professional process server, or (in some counties) the sheriff. You may not serve the papers yourself
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 a party who missed the hearing and can show good cause, generally due within 30 days after the clerk mails the notice of entry of judgment
No appeal for a plaintiff on the plaintiff's own claim; a plaintiff may appeal a judgment on a claim the defendant filed against the plaintiff

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

Still unsure where to go from here?

Small claims looks simple on paper. In practice, the wrong court, a misnamed defendant, or a service mistake can set your case back weeks — and most filers don't catch it until the clerk rejects the filing.
If you'd rather not guess, we can prepare your filing packet for you. A California-licensed attorney reviews every filing for accuracy before it goes to court. We e-file where available, arrange service on the defendant, and send you a hearing prep packet once your date is set.

Small claims is not the right forum for every dispute. If the amount at stake exceeds the small-claims limit, the dispute turns on a written contract, or the other side is a company with lawyers, a limited or unlimited civil case may protect you better. See our California business litigation practice, or speak with an Irvine business litigation attorney before you file.