To fill out Form SC-100 and start a California small claims case, work through the form’s eleven numbered items: your legal name and the defendant’s exact legal name, the dollar amount owed and why, the date the problem happened, confirmation that you already asked for payment, and the reason you’re filing at this particular courthouse. Individuals can sue for up to $12,500; businesses and other entities are capped at $6,250.1California Legislative Information. California Code of Civil Procedure 116.221 The current version is dated January 1, 2026, and is available from the Judicial Council of California.2Judicial Council of California. SC-100 Plaintiff’s Claim and ORDER to Go to Small Claims Court Once a clerk stamps the form and writes in a hearing date, it becomes a court order commanding the defendant to appear.
Working Through the Eleven Items
The first few items carry the most weight. A wrong name or a missed declaration can get the case dismissed or leave you with a judgment you can’t enforce.
Item 1 — Plaintiff. Your full legal name, mailing address, and phone number. If you’re suing on behalf of a business, use the business’s legal name, not a trade name.
Item 2 — Defendant. The exact legal name of the person or business you’re suing. For businesses, the storefront name often isn’t the legal name. Search the California Secretary of State’s records for any “doing business as” filings so your judgment attaches to the right entity. Suing “Joe’s Garage” when the registered name is “Smith Automotive LLC” can leave you with a worthless judgment.
Item 3 — Claim amount and explanation. Put the dollar figure the defendant owes you, then explain the basis in 3a, the date the problem happened in 3b, and your math in 3c. Do not add court costs or service fees into this number; the form itself tells you to leave those out.2Judicial Council of California. SC-100 Plaintiff’s Claim and ORDER to Go to Small Claims Court
Item 4 — Demand for payment. You have to have asked the defendant to pay before you file. In person, by phone, or in writing all count. Check “Yes” and be ready at the hearing to describe what you did. The only exception is when a restraining order is in place or contacting the defendant would be dangerous.3California Courts. Ask for the Money
Item 5 — Venue. Check the box that explains why this courthouse is the right one. Details below.
Item 6 — Zip code. The zip code of whatever address you relied on in Item 5. The court uses it to confirm the location sits within its jurisdiction.
Item 7 — Attorney-client fee disputes. If you’re suing over attorney fees, prior arbitration is usually required. Answer honestly here.
Item 8 — Government agency defendants. If you’re suing a public entity, you must have already filed a written claim with that agency. Check the box and be prepared to show proof.
Item 9 — Filing frequency. If you’ve filed more than 12 small claims cases in the past 12 months, the filing fee goes up to $100.4California Courts. File Your Defendant’s Claim
Item 10 — Claims over $2,500. No one can file more than two small claims cases over $2,500 anywhere in California in a single calendar year. If your claim is over that amount, Item 10 is a declaration under penalty of perjury that you’re within the limit.2Judicial Council of California. SC-100 Plaintiff’s Claim and ORDER to Go to Small Claims Court
Item 11 — Signature. You sign under penalty of perjury. Read the paragraph above the signature line before you sign; by filing in small claims court, you give up any right to appeal your own claim. If the judge rules against you, that’s the end of this case.5California Legislative Information. California Code of Civil Procedure 116.710
How Much You Can Sue For
A natural person can claim up to $12,500.1California Legislative Information. California Code of Civil Procedure 116.221 A corporation, LLC, partnership, or other entity caps out at $6,250.6California Legislative Information. California Code of Civil Procedure 116.220 If what you’re owed exceeds the limit, you can still use small claims by waiving the excess, recovering up to the cap and giving up the rest. To collect the full amount, you’d need to file in a higher court, which means hiring a lawyer.
Separately from these caps, you can file unlimited claims of $2,500 or less, but once you cross 12 total filings in 12 months, each new case costs $100.4California Courts. File Your Defendant’s Claim
Picking the Right Courthouse
Item 5 asks which category justifies filing at this particular courthouse. Pick the wrong one and the case can be dismissed. The acceptable reasons are:2Judicial Council of California. SC-100 Plaintiff’s Claim and ORDER to Go to Small Claims Court
- Where the defendant lives or does business. This is the safest default.
- 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 the contract was made.
- For consumer contracts covering personal, family, or household goods, services, or loans, where the buyer signed the contract or where the buyer currently lives.
Making Sure Your Claim Is Still Timely
The date you put in Item 3b decides whether your claim is within the statute of limitations. California’s deadlines:7California Courts. Deadlines to Sue Someone
- Written contracts: 4 years from the date the contract was broken.
- Oral contracts: 2 years from the date the contract was broken.
- Property damage: 3 years from the date of damage.
- Personal injury: 2 years from the date of injury.
File outside those windows and the defendant can raise the statute of limitations as a defense. If you’re unsure of the exact date, write a time period in Item 3b rather than guessing.
Filing Fees and Waivers
What you pay depends on the amount you’re claiming:8California Courts. File Your Plaintiff’s Claim
- Up to $1,500: $30
- $1,500.01 to $5,000: $50
- $5,000.01 to $12,500: $75
If you can’t afford the fee, file Form FW-001 (Request to Waive Court Fees) with your SC-100. You qualify if you receive certain public benefits, your household income is below the thresholds, or paying would prevent you from covering basic necessities like rent and food.9California Courts. Request to Waive Court Fees
Filing the Form With the Clerk
Take the completed SC-100 to the clerk’s window at the courthouse you selected in Item 5. Many courts also accept filings by mail, and some counties allow electronic filing; Orange County Superior Court, for example, offers small claims e-filing, though availability varies. Pay the fee or submit your FW-001 at the same time.
The clerk assigns a case number, stamps the form, and completes the “Order to Go to Small Claims Court” section at the bottom with the hearing date, time, courtroom, and address. At that moment the document becomes a court order and the defendant is required to appear.
Make copies before you leave. You need one for each defendant plus one for yourself. The clerk keeps the original.
Serving the Defendant
Filing doesn’t tell the defendant anything. That’s a separate step called service of process, and getting it wrong can derail the case. California allows three methods for small claims:10California Legislative Information. California Code of Civil Procedure 116.340
- Personal service. Someone who isn’t a party and is at least 18 hand-delivers the papers to the defendant. Most reliable.
- Substituted service. The server leaves the papers with a responsible adult at the defendant’s home or workplace and then mails a copy to the defendant’s usual address. Unlike other civil cases, you do not have to attempt personal service first.
- Clerk-mailed service. The clerk sends the papers by certified mail with return receipt. The defendant has to sign the receipt for service to count. There’s a small fee.
The defendant has to receive the papers at least 15 days before the hearing if they live in the same county, or at least 20 days before if they live in a different California county.10California Legislative Information. California Code of Civil Procedure 116.340 The person who served the papers then completes Form SC-104 (Proof of Service),11Judicial Council of California. Proof of Service (Small Claims) and you file it with the court at least five days before the hearing. Miss either deadline and the hearing usually has to be rescheduled.
Out-of-State Defendants
Service generally has to happen inside California, so small claims is usually not an option against someone who lives out of state. Two narrow exceptions exist. If the defendant owns California real property, has no designated agent for service here, and your claim relates to that property, the standard service methods apply. If the dispute involves a California motor vehicle accident, you can use constructive service by serving both the Director of the California DMV and the defendant personally.10California Legislative Information. California Code of Civil Procedure 116.340
One Thing to Know Before You Sign
When you sign Item 11, you’re giving up your right to appeal your own claim. Only the defendant can appeal a small claims judgment.5California Legislative Information. California Code of Civil Procedure 116.710 If the judge rules against you, there’s no second shot. That makes it worth the extra hour spent getting the defendant’s legal name right, confirming the venue, and double-checking your dates before you walk the form over to the clerk.