How to file a small claims case in California, step by step
Everything from the first letter to getting paid, in the order you'll do it. Tick each step as you go; your progress is saved in this browser.
Before you file
1–3 weeks before filing
California requires you to ask the other side to pay before you file, where you reasonably can.
Use the free demand letter generator, give them 10–14 days, and keep a copy with proof of the date you sent it.
In California you can sue for up to $12,500 in the Small Claims Division of the Superior Court.
Run the 60-second case check to see the last day you can file.
- Your full name, address and phone
- The defendant's exact legal name and a street address where they can be served (not a P.O. box)
- The amount you're asking for and how you got that number
- The date the problem happened
- A short plain description of what happened
- Proof you asked for payment, if you did
Sue the company by its registered legal name, not just its shop sign, and note its agent for service of process.
- The contract, lease, invoice or receipt
- Photos of the damage, dated if possible
- Texts, emails and letters with the other side
- Two written repair estimates or proof of what you paid
- Your demand letter and proof it was sent
- Names and contact details of any witnesses
Fill in the claim
1–2 evenings
SC-100: Plaintiff's Claim and Order to Go to Small Claims Court. Get the form.
More than 2 plaintiffs or more than 1 defendant? Fill out SC-100A online (free)
- Who: you and the defendant, with full legal names and addresses
- What: the agreement or event, in 2–4 plain sentences
- When: the date it happened
- How much: the exact amount (no more than $12,500) and how you calculated it
- What you did: when you asked for payment and their response
Sign the SC-100 yourself under penalty of perjury; no notary is needed.
Bring the original and at least two copies: one for you and one for each defendant to be served.
File and pay
Filing day
Choose how you'll file:
Usually the county where the defendant lives or does business, where the contract was signed, or where the damage happened. Use the defendant's exact legal name.
$30 for claims up to $1,500, $50 up to $5,000, and $75 above that ($100 if you filed more than 12 small claims in the past 12 months). Serving the papers costs extra. Can't afford it? Ask for a fee waiver: Request to Waive Court Fees (form FW-001).
You get your filed copy with a case number and the hearing date, which you then serve on the defendant.
Serve the defendant
Right after filing
You cannot hand the papers over yourself. Use the sheriff, an adult who isn't part of the case, a process server, or certified mail through the clerk, then file a Proof of Service (form SC-104).
At least 15 days before the hearing, or 20 days if the defendant lives in another county.
SC-104 Proof of Service
The person who served the papers fills it in and signs it; you file it with the clerk at least 5 days before the hearing.
Don't wait until the hearing. Ask the clerk right away for a new hearing date and try another method, such as personal delivery instead of mail, or a different address.
Before the hearing
1–4 weeks before
The defendant doesn't have to file an answer but can file a claim against you (SC-120) and must serve it before the hearing.
If you settle, file a Request for Dismissal (CIV-110) so the hearing is taken off the calendar.
Get any settlement in writing, signed by both sides, with the amount and payment date.
A witness who saw what happened is stronger than a written statement; some judges won't accept letters.
Use form SC-107 (Small Claims Subpoena) to require a witness to come.
- Three copies of every document: for you, the judge and the defendant
- A one-page timeline of what happened, with dates
- A short sheet showing how you calculated the amount
- Photos printed or ready on your phone (ask the clerk if screens are allowed)
The hearing
Hearing day
- Talk to your county's free small claims advisor before the hearing if you have questions
- Arrive 30 minutes early and check in with the clerk or bailiff
- Bring three copies of every document and your evidence in date order
- Bring your witnesses, or a subpoena if they won't come voluntarily
- Turn your phone to silent; dress neatly
- Who you are and what you're asking for: the amount.
- What the agreement or situation was.
- What went wrong, with dates.
- What it cost you and how you calculated it, showing your documents.
- That you asked for payment and what they said.
Speak to the judge, not the other side. Stay calm, answer the question asked, and don't interrupt.
If the defendant doesn't come, the judge can decide in your favor after hearing your evidence. If you don't come, your case can be dismissed.
After the judgment
Weeks to months
If you filed the case and lost, the decision is final. If you were sued and lost, you can appeal within 30 days using form SC-140, and a different judge hears the case again from scratch.
The court doesn't collect for you. If they don't pay, you can use wage garnishment or a bank levy.
Keep proof of every payment. When you're paid in full, tell the court; some courts require a satisfaction-of-judgment form.
California Courts Self-Help Guide and your county's free small claims advisor