Small claims in California.
California's small claims court offers a streamlined process with a $12,500 cap for individuals and a $6,250 cap for businesses, ensuring quick and cost-effective dispute resolution.
- Most you can sue for$12,500For individuals; businesses are limited to $6,250
- Filing fee$30-$75Based on claim amount
- CourtSuperior Court (Small Claims Division)
- Lawyers at trialNot allowedParties must represent themselves
- Appeal window30 daysDefendants can appeal; plaintiffs cannot
- Recent change—No major changes in the last 3 years
Find your situation.
California small claims handles money disputes up to $12,500 (or $6,250 if you're a business). Browse 7 categories and 39 specific claim types below.
California allows you to file claims for breaches of contract and money owed, with a statute of limitations of 4 years for written contracts and 2 years for oral contracts.
Wrong court for these10 situations small claims can’t handle
Eviction (unlawful detainer)
Small claims court does not handle eviction cases; these are processed through the regular civil court system.
Try instead: Superior Court's Civil Division
Defamation
Claims involving defamation, such as libel or slander, are not suitable for small claims court due to their complexity.
Try instead: Superior Court's Civil Division
Malpractice
Professional malpractice cases require expert testimony and are beyond the scope of small claims court.
Try instead: Superior Court's Civil Division
Family law matters
Issues like divorce, child custody, and support are handled by family courts, not small claims.
Try instead: Family Court
Probate matters
Disputes over wills, estates, and trusts are managed by probate courts.
Try instead: Probate Court
Claims against the federal government
Small claims court does not have jurisdiction over federal entities.
Try instead: Federal Claims Court
Workers' compensation claims
These claims are processed through the state's workers' compensation system, not small claims court.
Try instead: Workers' Compensation Appeals Board
Class actions
Small claims court is designed for individual disputes and does not handle class action lawsuits.
Try instead: Superior Court's Civil Division
Injunctions or specific performance
Small claims court cannot issue orders requiring someone to do or stop doing something; it can only award monetary damages.
Try instead: Superior Court's Civil Division
Title to real estate
Disputes involving ownership or title to real property are beyond the jurisdiction of small claims court.
Try instead: Superior Court's Civil Division
From owed to paid in 6 steps.
Send a demand letter
Not required, but always do it. While not legally required, sending a demand letter is recommended as it may lead to a resolution without court involvement and demonstrates good faith.
Check your deadline
Every claim has a deadline by which you have to sue (the legal name is the “statute of limitations”). Miss it by a day and your case is dead.
The discovery rule applies to fraud claims, allowing the statute of limitations to begin when the fraud is discovered.
File your case
File at the Small Claims Division of the Superior Court. Most cases go in the county where the defendant lives or where the dispute happened.
If you win, the court may order the losing party to reimburse your filing and service fees.
E-filing in California: E-filing availability depends on the county; check with the local court for specific procedures.
Serve the defendant
The defendant has to receive official notice of the lawsuit (lawyers call this being “served”) at least 15 days before the hearing (in the same county) or 20 days (out of county). You can’t hand them the papers yourself.
Allowed methods
- Certified mail by clerk. The court clerk sends the documents to the defendant via certified mail.
- Personal service by sheriff or process server. A sheriff or registered process server personally delivers the documents to the defendant.
- Substituted service. If the defendant cannot be personally served, documents are left with a responsible adult at the defendant's residence or business, and a copy is mailed.
File the proof of service (SC-104) at least 5 days before the hearing.
What if you can’t find the defendant?
If the defendant cannot be located, you may request the court's permission for service by publication.
If the defendant is evading service, document your attempts and consider alternative methods like substituted service or service by publication.
Show up to the hearing
Bench trial with informal procedures; each party presents their case directly to the judge.
Lawyers at trial: Not allowed. Attorneys are not permitted to represent parties in small claims court; parties must represent themselves.
When you’ll get the decision: On the spot or mailed within a few weeks
What to bring
- Originals of any contracts
- Receipts and bank records
- Photos and videos
- Names and contact info for witnesses
If the defendant doesn’t show up
If the defendant does not appear at the hearing, the court may enter a default judgment in favor of the plaintiff.
You still have to prove your case. Even if the defendant defaults, the plaintiff must present evidence to prove their claim to the court's satisfaction.
If you’re the defendant being sued
The defendant is not required to file a written answer; they may appear at the hearing to present their defense.
Counter-suing the plaintiff: Allowed using SC-120 (Defendant's Claim and ORDER to Go to Small Claims Court). Serve the plaintiff at least 5 days before trial (same county) or 15 days (out of county).
If you win, collect
This is where most people stop and lose. The court doesn’t collect for you. The loser has 30 days to pay. Judgments accrue 10% interest per year while unpaid.
Wage garnishment
Obtain a portion of the debtor's wages until the judgment is satisfied.
How it works
File a writ of execution with the court, serve it to the debtor's employer, who will then withhold a portion of the debtor's wages and remit it to the court.
Cost: $40 for writ issuance plus service fees
Notes: Effective if the debtor is employed and earns above the exemption threshold.
What’s protected:
- 75% of disposable earnings or 40 times the state minimum wage, whichever is greater
Bank levy
Seize funds from the debtor's bank account to satisfy the judgment.
How it works
Obtain a writ of execution, serve it to the debtor's bank, which will freeze the account and remit funds to the court.
Cost: $40 for writ issuance plus service fees
Notes: Effective if the debtor has sufficient funds in the account.
What’s protected:
- Social Security benefits
- Supplemental Security Income (SSI)
- Public assistance benefits
Property lien
Place a lien on the debtor's real property to secure the judgment amount.
How it works
Record an abstract of judgment with the county recorder's office where the debtor owns property; the lien must be satisfied before the property can be sold or refinanced.
Cost: $25-$50 recording fee
Notes: Effective if the debtor owns real property and intends to sell or refinance.
What’s protected:
- Homestead exemption up to $600,000, depending on circumstances
Till tap
Seize cash directly from the debtor's business register.
How it works
Obtain a writ of execution, instruct the sheriff to visit the debtor's business and collect cash from the register.
Cost: $40 for writ issuance plus sheriff's fees
Notes: Effective for businesses with significant cash transactions.
What’s protected:
- None
Vehicle levy
Seize and sell the debtor's vehicle to satisfy the judgment.
How it works
Obtain a writ of execution, instruct the sheriff to seize the vehicle, which is then sold at auction; proceeds are applied to the judgment.
Cost: $40 for writ issuance plus towing and storage fees
Notes: Effective if the debtor owns a vehicle with sufficient equity.
What’s protected:
- Vehicle exemption up to $3,325
Multiple creditors? Priority rules.
Judgment liens are prioritized based on the date of recording; earlier liens have higher priority.
Can you appeal if you lose?
defendant
- Deadline: 30 days from the judgment notice.
- Filing fee: $75.
- Form: SC-140 — Notice of Appeal (Small Claims).
- Type: Trial de novo — the case is heard fresh in the higher court.
The appeal is a new trial where the case is heard again from the beginning.
Filing the appeal automatically pauses any collection efforts until the appeal is resolved.
Frivolous appeal? Up to $1000 in attorney fees.
If the court finds the appeal to be frivolous or intended to cause delay, it may award the respondent up to $1,000 in attorney's fees and costs.
Cal. Code Civ. Proc. § 116.780
Local rules that matter.
State law sets the rules. Each county handles small claims a little differently.
Los Angeles
- E-filing availability: Los Angeles County offers e-filing for small claims cases through its online portal.
San Francisco
- Mediation services: San Francisco County provides on-site mediation services on the day of the hearing.
Why cases get dismissed.
Incorrect defendant information
What goes wrong: Suing the wrong party or using incorrect names can result in dismissal or unenforceable judgments.
How to avoid it: Verify the exact legal name and address of the defendant before filing; for businesses, check with the California Secretary of State.
Missing statute of limitations
What goes wrong: Filing after the statute of limitations has expired will lead to dismissal of the case.
How to avoid it: Determine the applicable statute of limitations for your claim type and ensure you file within that period.
Improper service of process
What goes wrong: Failure to serve the defendant correctly can delay the case or result in dismissal.
How to avoid it: Follow the court's rules for service of process carefully, and use a reliable method to ensure proper service.
Insufficient evidence
What goes wrong: Lack of adequate evidence can lead to losing the case, even if your claim is valid.
How to avoid it: Gather all relevant documents, photos, and witness statements to support your claim.
Ignoring court deadlines
What goes wrong: Missing filing deadlines or court dates can result in dismissal or default judgments.
How to avoid it: Keep track of all deadlines and court dates, and ensure timely compliance with court requirements.
Overlooking post-judgment procedures
What goes wrong: Winning a judgment does not guarantee payment; failure to follow up can result in non-collection.
How to avoid it: Familiarize yourself with collection methods and take proactive steps to enforce the judgment.
Common questions.
Do I need a lawyer?
How long does it take?
What's the maximum I can sue for?
What happens if the defendant doesn't show up?
Can I appeal?
How long is a judgment good for?
Sources7 citations and statutes
- California Courts Small Claims Self-HelpCalifornia Courts Small Claims Self-Help
- California Courts Fee Waiver InformationCalifornia Courts Fee Waiver Information
- California Code of Civil Procedure § 116.220 (Small Claims Jurisdiction)Cal. Code Civ. Proc. § 116.220
- California Small Claims FormsCalifornia Small Claims Forms
- California Statewide Civil Fee ScheduleCalifornia Statewide Civil Fee Schedule
- California Code of Civil Procedure § 116.710 (Appeal from Small Claims Court)Cal. Code Civ. Proc. § 116.710
- California Code of Civil Procedure § 116.820 (Enforcement of Judgment)Cal. Code Civ. Proc. § 116.820
This is not legal advice. CivilCase is not a law firm. Court rules, fees, and statutes change. Verify against the cited authority before filing. Last researched and updated: April 28, 2026.