Small claims court is designed to be accessible — no attorneys, simplified procedures, and fast resolution. But the paperwork still has to be right. Whether you're the plaintiff (the person suing) or the defendant (the person being sued), understanding the process helps you navigate it with confidence.
What Is Small Claims Court?
Small claims is a special division of the California Superior Court for resolving disputes involving relatively small amounts of money — quickly, informally, and without lawyers. The judge hears both sides and issues a decision, usually on the same day.
Dollar Limits
- Individual (natural person): Up to $10,000 per claim
- Business or public entity (including LLCs, corporations): Up to $5,000 per claim
- Limit on filings: An individual can file no more than 2 claims over $2,500 in a calendar year. No limit on claims of $2,500 or less.
What Can You Sue For?
- Unpaid debts and loans
- Security deposit disputes with landlords
- Property damage
- Breach of contract
- Personal injury (up to the $10,000 limit)
- Auto accident damage
- Defective products
Small claims cannot be used for: divorce, guardianship, name changes, bankruptcy, evictions (those use unlawful detainer), or requests for court orders (injunctions).
Filing Your Claim — Step by Step
- Identify the correct defendant. Get the legal name and address exactly right. For businesses, check with the Secretary of State for the correct legal entity name and agent for service of process.
- Choose the right venue. File in the county where the defendant lives or does business, or where the injury or dispute occurred. Filing in the wrong county can get your case dismissed.
- Complete Form SC-100. This is the Plaintiff's Claim and Order to Go to Small Claims Court. It asks for: your information, the defendant's information, what happened and when, how much you're claiming, and why.
- File with the court clerk. Take the completed form to the Superior Court in the correct county. Pay the filing fee (typically $30-$75 depending on the claim amount — fee waivers are available for low-income filers).
- Serve the defendant. Someone other than you must deliver a copy of the filed claim to the defendant — at least 15 days before the hearing (20 days if the defendant is outside the county). This can be done by: certified mail (clerk can do this for a fee), personal service by a process server or sheriff, or substituted service if personal service fails after reasonable attempts.
If You're Being Sued (Defendant)
If you receive a small claims summons (Form SC-100), you must appear at the hearing. If you don't show up, the judge will likely enter a default judgment against you. You do not need to file a written response — but if you have a claim against the plaintiff from the same incident, you can file a Defendant's Claim (Form SC-120) at least 5 days before the hearing.
Preparing for Your Hearing
- Bring evidence: Contracts, receipts, photos, emails, text messages, estimates, police reports — anything that supports your side. Make copies for the judge and the other party.
- Bring witnesses: Anyone with firsthand knowledge of the facts can testify. You can also bring a written statement if the witness can't attend — but in-person testimony carries more weight.
- Practice your story: You'll have only a few minutes. State the facts clearly: what happened, when, who was involved, and what you want. Leave emotion at the door.
- Know what you want: Have a specific dollar amount and be ready to explain how you calculated it.
After the Hearing
The judge may issue a decision immediately, or mail it within a few days. If you win, you become the judgment creditor. Collecting a small claims judgment is a separate process — the court doesn't collect it for you. You may need to levy bank accounts, garnish wages, or record a lien.
Either party can appeal within 30 days, but the appeal is a new trial (trial de novo) in the regular civil division.
How We Can Help
We prepare small claims documents — Plaintiff's Claims, Defendant's Claims, proofs of service, and judgment collection paperwork — at your specific direction. If you're comfortable presenting your own case but want professionally prepared forms, we can help.