How to File a Small Claims Case in California: Forms, Service, Hearing

To file a small claims case in California, you complete Plaintiff’s Claim Form SC-100, file it with the superior court in the correct county, pay a filing fee of $30 to $100 based on how much you’re suing for, and arrange for someone else to serve the defendant before your hearing date. Individuals can sue for up to $12,500; businesses, corporations, and government entities are capped at $6,250.¹ You represent yourself, a judge decides the case, and the whole process usually takes 30 to 70 days from filing to hearing.

Confirm Your Deadline Hasn’t Passed

Every claim has a statute of limitations. If yours has expired, the court will dismiss the case no matter how strong the evidence. The most common California deadlines:

Written contracts: 4 years from the breach²
Oral contracts: 2 years from the breach
Personal injury: 2 years from the date of injury
Property damage: 3 years from the date of damage

The clock starts when the breach or harm happened, not when you found out about it. Narrow exceptions exist for fraud and latent defects. A demand letter doesn’t pause the clock, so if you’re close to the deadline, file first.

Send a Demand Letter Before You File

California small claims courts expect you to ask for the money before suing.³ Sometimes the letter alone gets you paid. If it doesn’t, you can show the judge you tried to resolve things first.

Include a clear explanation of why you’re owed money, the exact amount, and a reasonable payment deadline (15 to 30 days is standard). Reference invoices, contracts, and dates. Send it by certified mail with return receipt requested, and keep a copy for your file.

You can skip the demand if a restraining order exists between you and the other party, or if you believe contacting them would be dangerous.⁴

Complete Form SC-100

Form SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court, is the document that starts your case. It’s on the California Courts website. Getting the defendant’s name and address right on this form matters more than people expect. An error can make your judgment unenforceable even if you win.

Naming an Individual

Use the person’s full legal name and current address. If you only have a nickname, check any contracts, receipts, or correspondence you have for the full name. Public records and licensing databases can help fill gaps.

Naming a Business

You need the exact legal name, not the sign on the door. A sole proprietorship operates under the owner’s personal name, so you’d sue the owner. For corporations and LLCs, search the California Secretary of State’s business database at bizfileonline.sos.ca.gov to find both the entity’s legal name and its registered agent for service.⁵ The registered agent is who accepts legal documents for the business. The county clerk or the relevant licensing agency can also help you confirm the legal name.

Filling In the Claim Itself

The form asks for the exact amount you’re claiming and how you calculated it. Attach or reference the documents that back it up: unpaid invoices, repair estimates, contract terms. You also write a short description of what happened. Keep it factual and chronological. Judges read dozens of these; clarity stands out.

One catch: you must be the original owner of the claim. If the debt was assigned or sold to you, small claims court generally isn’t available.⁵

File in the Right County and Pay the Fee

File the completed SC-100 with the superior court in the correct county. The proper county is generally where the defendant lives, where the business is located, or where the incident happened. For contract disputes, you can also file where the contract was signed or was supposed to be performed.⁶ Filing in the wrong county gives the defendant grounds to have the case dismissed.

Most courts accept filings in person at the clerk’s window, by mail, or electronically where the county offers it. Filing fees depend on the amount claimed:⁷

$30 for claims of $1,500 or less
$50 for claims of $1,501 to $5,000
$75 for claims over $5,000
$100 if you’ve filed more than 12 small claims in the state within the past 12 months

The clerk assigns a case number and sets your hearing date. Keep the stamped copies of everything.

Fee Waiver If You Can’t Afford the Fee

Request a waiver by completing Form FW-001, Request to Waive Court Fees. You qualify if you receive Medi-Cal, CalFresh, CalWORKs, SSI, or General Assistance. You also qualify if your household income falls below the threshold on the form, or if you can show the court that paying the fee would leave you unable to cover basic living expenses.⁸ The fee waiver information is confidential and isn’t shared with the other side.

Serve the Defendant

Filing the paperwork doesn’t put the defendant on notice. You have to arrange for someone else to deliver the court papers, a step called service of process. You cannot serve the papers yourself, and this is where cases stall most often.⁹

Your server must be at least 18 and not a party to the case. Options include:

A friend or family member who meets those requirements
The county sheriff’s office, typically around $40 unless you have a fee waiver
A professional process server

Personal Service Deadlines

Personal service means handing the papers directly to the defendant. The deadline depends on where they are: at least 15 days before the hearing if they’re in the same county where you filed, or at least 20 days before the hearing if they’re in a different county.⁹

Substituted Service

If your server can’t find the defendant after reasonable attempts, substituted service is allowed. The server leaves the papers with a responsible adult (at least 18) at the defendant’s home, workplace, or usual mailing address, then mails a second copy to the same address.¹⁰ Deadlines are longer: at least 25 days before the hearing in the same county, or 30 days in a different county.

File Proof of Service

After delivering the papers, your server signs Form SC-104, Proof of Service. File the original with the court at least five days before the hearing.¹¹ Without proof of service on file, the judge may postpone or dismiss the case.

Prepare for the Hearing

Plan on half a day at the courthouse. Courts schedule multiple cases on the same calendar, so expect to wait. Arrive early enough to clear security and locate the courtroom. Watching a few earlier cases before yours is worth the time; it shows how the judge runs the room.¹²

Organize Your Evidence

Bring originals of every document that supports your case: contracts, receipts, photos, text messages, emails, repair estimates. Make at least two extra copies of each, one for the judge and one for the other side. Organize them so you can find anything the judge asks for quickly. A disorganized stack undermines an otherwise strong case.

If you need a witness who won’t come voluntarily, request a subpoena on Form SC-107 from the clerk. You can serve a subpoena yourself. Witnesses may ask for $35 per day plus $0.20 per mile in travel, and if they request those fees and you don’t pay, they don’t have to appear.¹³

Mediation

Many California small claims courts offer free or low-cost mediation, either before the hearing or the same day. Mediation is confidential, so the other party can’t use what you say against you in court later.¹⁴ It’s voluntary, and it can produce agreements a judge can’t order, like a chance to fix a problem or return property rather than pay cash.

If You Can’t Make the Date

File Form SC-150, Request to Postpone Trial, as early as possible and at least 10 days before the hearing. Someone must mail a copy to the other side, and you file Form SC-112A, Proof of Service by Mail, with the court. The judge grants postponement only for good cause, and there’s a $10 filing fee in most situations.¹⁵ If you haven’t heard back, show up on the original date. Missing the hearing without an approved postponement usually means dismissal.

At the Hearing

Small claims hearings are informal compared to regular civil court. There’s no jury, and neither side can have an attorney present the case.¹⁶ The judge asks you to explain your claim, then gives the defendant a chance to respond. Each side gets time to present evidence and answer questions. Most hearings wrap up in 15 to 30 minutes.

Speak to the judge, not to the other party. Stick to the facts and the timeline. Small claims judges have little patience for emotional arguments or backstory that doesn’t move the case forward. If you have a contract, a photo, or a receipt that proves your point, lead with it. Strong cases are built on paper.

The judge usually doesn’t rule on the spot. You’ll receive Form SC-130, Notice of Entry of Judgment, by mail within a few days to a few weeks.

After the Judgment

Only the side ordered to pay money can appeal. If you’re the plaintiff and lose, your options are to refile (if the statute of limitations still allows it) or accept the outcome. If you win, the defendant has 30 days from the date judgment was served or mailed to file an appeal.¹⁷ An appeal costs $75 and produces an entirely new trial before a different judge, and on appeal either side can bring an attorney.¹⁶

Winning is not the same as getting paid. The court doesn’t collect for you. Once the 30-day appeal window closes without an appeal, you can begin enforcement using tools like a Writ of Execution (Form EJ-130) for wage garnishment or bank levy, or an Abstract of Judgment (Form EJ-001) to place a lien on real estate. Your judgment is enforceable for 10 years and can be renewed before it expires.¹⁸

1
Judicial Branch of California. Deciding Between Small Claims and Limited Civil
2
California Legislative Information. California Code of Civil Procedure CCP 337
3
California Courts. Ask for the Money
4
Judicial Branch of California. Write a Demand Letter
5
Judicial Council of California. Information for the Small Claims Plaintiff (SC-100-INFO)
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California Courts. Jurisdiction and Venue – Where to File a Case
7
California Legislative Information. California Code of Civil Procedure CCP 116.230
8
California Courts. Ask for a Fee Waiver
9
California Courts. Serve Your Small Claims Forms
10
California Courts. Serve Your Plaintiff’s Claim by Substituted Service
11
California Courts. Proof of Service (Small Claims) (SC-104)
12
California Courts. Get Ready for Your Court Date
13
California Courts. Get Information to Help Your Case (Subpoenas)
14
California Courts. Why Mediate in Small Claims
15
California Courts. Change Your Small Claims Court Date
16
California Courts. Small Claims Appeals
17
California Courts. Appeal (Challenge) the Judge’s Decision
18
California Courts. How to Collect Your Money