Small Claims Court in California: How to File, Limits, Fees, and Collection
A practical filing-to-collection guide for California consumers and small businesses who need to recover money fast.
| Fact | Detail |
|---|---|
| Maximum claim | $12,500 for individuals, $6,250 for businesses |
| Filing fee | $30 to $75 depending on claim size |
| Court | Small Claims Division of the Superior Court |
| Time to hearing | About 20 to 70 days from filing |
| Attorneys allowed? | No at the first hearing, yes on appeal |
| Deadline to sue on a written contract | 4 years from the breach |
| Service methods | Personal service, sheriff, certified mail through the clerk, private process server, substituted service, publication (with court order) |
| Appeal window | 30 days after the clerk mails the Notice of Entry of Judgment |
1. What is small claims court in California?
Small claims court in California is the Small Claims Division of each county's Superior Court. It hears money disputes and certain personal-property recovery claims up to $12,500 for individual plaintiffs and $6,250 for business plaintiffs. No attorneys may represent parties at the first hearing. No juries. Cases typically reach a hearing 20 to 70 days after filing, depending on the county's caseload.
The division exists to give people a fast, cheap, and informal way to settle small money disputes without hiring a lawyer. Judges relax the rules of evidence and let parties tell their stories directly. The judgment is binding on both sides, but the defendant has appeal rights that a plaintiff usually does not.
Which court hears small claims cases in California?
The court that hears small claims cases in California is the Small Claims Division of the Superior Court in each of the 58 counties. The case is filed and heard in the same Superior Court building as larger civil cases, but on a separate calendar with simpler rules. Code of Civil Procedure §116.210 sets up this division.
How small claims differs from the regular civil docket
Small claims differs from the regular civil docket in four big ways. First, no attorneys appear at the first hearing (you can hire one to help you prepare, but they cannot speak for you). Second, the defendant does not have to file a written answer. Third, the evidence rules are loose, so the judge can consider written estimates and other hearsay. Fourth, the dollar limit is much lower: $12,500 for individuals versus the no-cap unlimited civil track.
Is small claims court the right forum for your case?
Small claims is the right forum if your claim is for money or a specific item of personal property worth at or below the cap, the events happened in California, and the claim type is not on the excluded list. If you need an eviction, a divorce, an injunction, or money over $12,500, you cannot use small claims. The Self-Help website at selfhelp.courts.ca.gov walks through the choice between small claims and limited civil.
2. Should you file in California small claims?
You can file in California small claims if (1) your claim is for money or specific personal property, (2) the amount fits the cap that applies to you ($12,500 individual, $6,250 business, with special caps for auto-injury and guarantor cases), (3) the claim type is not excluded, (4) a California county has venue, and (5) you are old enough and mentally able to sue (or have a guardian ad litem if not).
Cases small claims can hear in California
Cases small claims can hear in California include unpaid invoices, security deposit return disputes, property damage claims, breach of a small contract, consumer disputes, bad check claims under Civil Code §1719, lemon-law claims, unpaid wages, fender-bender damages, and demands for the return of a specific item of personal property worth less than the cap. The court can issue a judgment for money or order return of a specific item.
Cases small claims cannot hear in California
Cases small claims cannot hear in California include evictions and unlawful detainer (those go on the unlawful detainer calendar), family law matters, real estate title or boundary disputes, class actions, requests for injunctions or other equitable relief, federal-exclusive matters like bankruptcy and patent, probate and conservatorship, criminal cases, contested tax assessments, and most defamation claims in practice. Discrimination claims under California's Fair Employment and Housing Act require administrative exhaustion first.
Who can sue and who can be sued?
Anyone who sues or is sued in California small claims must be a real party in interest. Individuals must be 18 or older and mentally competent, or sue through a guardian ad litem under Code of Civil Procedure §372. Assignees and debt buyers generally cannot bring assigned claims in small claims under CCP §116.420. Unlicensed contractors are barred from suing to collect their fees under Business and Professions Code §7031. Businesses can sue but get the lower $6,250 cap.
You can sue an individual, a sole proprietor, a partnership, an LLC, a corporation, or a government body. Suing a city, county, or state agency requires filing a Government Claims Act notice first (see Section 4).
What if you signed a contract with an arbitration clause?
If you signed a contract with an arbitration clause, you may still be able to use small claims, but it depends on the wording. Many consumer and employment contracts carve out small claims, meaning the clause expressly preserves your right to sue in small claims. If the clause is silent, the defendant can move to compel arbitration in Superior Court under CCP §1281.2 and the Federal Arbitration Act. Read the clause carefully before filing.
You can only file two small claims actions for amounts over $2,500 in any calendar year under CCP §116.231. There is no annual limit on claims for $2,500 or less. Claim splitting (breaking one claim into pieces to fit under the cap) is not allowed.
3. How long do you have to sue? Statute of limitations in California
In California, you generally have 4 years to sue on a written contract, 2 years on an oral contract, 3 years for property damage, and 2 years for personal injury. The clock starts on the date of the breach or injury, or the date you discovered the harm for fraud and concealed defects. Miss the deadline and the case will be thrown out.
Statute of limitations for common claims in California
| Claim type | Limit | Statute | When the clock starts |
|---|---|---|---|
| Written contract | 4 years | CCP §337(a) | Date the contract was breached |
| Oral contract | 2 years | CCP §339(1) | Date the oral agreement was broken |
| Open account | 4 years | CCP §337(b) | Date of the last item or entry on the account |
| Promissory note | 6 years | Com. Code §3118(a) | Due date (or accelerated due date) |
| Property damage | 3 years | CCP §338(b), (c) | Date the damage occurred |
| Personal injury | 2 years | CCP §335.1 | Date of injury |
| Negligence | 2 years | CCP §335.1 | Date of the negligent harm |
| Fraud | 3 years | CCP §338(d) | Date the fraud was discovered |
| Conversion | 3 years | CCP §338(c) | Date the property was taken |
| Trespass to chattels | 3 years | CCP §338(c) | Date of interference with the chattel |
| Defamation | 1 year | CCP §340(c) | First publication |
| Breach of warranty (goods) | 4 years | Com. Code §2725 | Tender of delivery |
| Bad check | 4 years | CCP §340(a); Civ. Code §1719 | Date the check was dishonored |
| Unpaid wages | 3 years | CCP §338(a) | Each payday wages were due |
| Final paycheck | 3 years | CCP §338(a); Labor Code | Date of separation |
| Security deposit | 4 years | Civ. Code §1950.5; CCP §337/339 | Move-out date |
| Consumer protection | 3 years | CCP §338(a); Bus. & Prof. Code §17208 | Date of the violation |
| Quasi-contract | 2 years | CCP §339(1) | When the obligation arose |
When the clock pauses or resets in California
The California limitations clock pauses or resets in several situations. The clock pauses while the defendant is absent from California. It pauses while the plaintiff is a minor or mentally incapacitated. For fraud and latent injury, the clock does not start until you discover (or reasonably should have discovered) the harm. Fraudulent concealment by the defendant also tolls the clock. And the clock can reset if the defendant makes a partial payment or signs a written acknowledgment of the debt.
What happens if you miss the deadline
If you miss the California statute of limitations, the defendant can ask the judge to dismiss your case, and the judge almost certainly will. The statute of limitations is a complete defense. Even if you have great evidence, the case ends. File before the clock runs out, or find a tolling fact (like a partial payment or the defendant being out of state) that you can prove.
4. Before you file: demand letter and required notices
In California, a demand letter is not legally required for most cases, but it is strongly recommended, and statute requires a 30-day certified notice before suing on certain claims. Bad-check claims under Civil Code §1719 require a 30-day demand. Claims under the Consumers Legal Remedies Act require a 30-day notice to cure. Suing a city, county, or state requires a Government Claims Act notice within 6 months of the incident for injury and property damage claims.
Do you need a demand letter in California?
A demand letter in California is not required for most small claims cases, but judges expect to see one. It also satisfies the 30-day pre-suit notice required by Civil Code §1719 for bad checks and the Consumers Legal Remedies Act for consumer claims. Sending one by certified mail with return receipt requested protects you if the defendant later denies getting it. Keep the green card.
What to include in a California demand letter
A California demand letter should include a clear statement of the dollar amount you are claiming, the dates and facts that gave rise to the claim (contract date, check date, move-out date, accident date), what you want the defendant to do, and a deadline to respond (30 days for bad checks and CLRA claims, often 10 to 30 days for others). For bad checks, include the check date, check amount, and bank fees. For CLRA claims, identify the unlawful acts and demand a cure, repair, or refund.
Pre-suit notice for special claim types
Pre-suit notice in California is required for bad-check claims (30 days under Civil Code §1719), CLRA consumer claims (30 days under Civil Code §1782), and claims against public entities (Government Claims Act). Attorney-fee disputes typically require mandatory fee arbitration before court action. Landlord-tenant claims do not require notice for the security deposit suit itself, but the landlord must first send the itemized statement and refund under Civil Code §1950.5.
How to sue a city or county in California
To sue a city or county in California, you must first file a written claim with the public entity under the Government Claims Act (Gov. Code §§ 911.2, 945.4). For personal injury and property damage claims, the deadline is 6 months from the incident. For other claims (like contract claims), the deadline is 1 year. Each public entity has its own claim form and address. If the entity rejects the claim or does not act within 45 days, you can then file in small claims. Skip the claim and your case is barred.
5. Identifying and naming the defendant correctly
Name the defendant exactly as they exist legally: a person by full legal name, a sole proprietor by the owner's name plus DBA, a corporation or LLC by its registered name and registered agent. Misnaming a corporate defendant is the most common reason California small claims judgments cannot be collected later. Look up business entities in the California Secretary of State business search at bizfileonline.sos.ca.gov before filing.
How to find a business's legal name in California
To find a business's legal name in California, use the California Secretary of State's business search at bizfileonline.sos.ca.gov. Search by name and you will see the exact registered legal name, the entity type (LLC, Corp, LP), the status (active or suspended), and the registered agent for service of process. For DBAs, also check the county clerk's fictitious business name records in the county where the business operates.
How to name an LLC or corporation
An LLC or corporation in California is named by its full registered name, including "LLC," "Inc.," or "Corporation," exactly as it appears in the Secretary of State records. Service must reach the registered agent, an officer, or another person authorized to accept service. If the entity status is "Suspended" or "Forfeited," it cannot defend itself in court, but you may have collection trouble against a defunct shell. Consider whether to sue the owner personally if there is fraud or alter-ego evidence.
How to name a sole proprietor or DBA
A sole proprietor in California is named by the owner's full legal name plus the DBA, like this: "Jane Smith, an individual doing business as Smith's Auto Repair." This way the judgment runs against the person and you can collect against personal assets. Suing only the DBA name (without the owner) gives you a judgment you cannot enforce.
How to amend if you discover the wrong name after filing
If you discover the wrong name after filing, you can file a Request for Court Order (SC-105) to amend the claim before the hearing. The judge can correct the name at the hearing if the wrong name is a clear typo or "doing business as" issue. If you got the wrong entity entirely (you sued the franchise instead of the franchisee, for example), you may need to dismiss and refile. Do this fast: the clock keeps running on your statute of limitations.
6. The forms you need to file in California
California uses Judicial Council forms statewide. You need the SC-100 Plaintiff's Claim and Order to Go to Small Claims Court to start the case, the SC-104 Proof of Service after the defendant is served, and optionally the FW-001 Request to Waive Court Fees if you cannot afford the filing fee. All forms are free fillable PDFs at courts.ca.gov.
California small claims forms
| Form code | Name | Purpose | Filed by | Link |
|---|---|---|---|---|
| SC-100 | Plaintiff's Claim and Order to Go to Small Claims Court | Starts the case; serves as the complaint | Plaintiff | courts.ca.gov/documents/SC-100.pdf |
| SC-100A | Other Plaintiffs or Defendants | Attachment for additional parties | Plaintiff | courts.ca.gov/documents/SC-100A.pdf |
| SC-104 | Proof of Service | Shows how and when the defendant was served | Server | (clerk-provided) |
| SC-120 | Defendant's Claim and Order to Go to Small Claims Court | Counterclaim by defendant | Defendant | courts.ca.gov/documents/SC-120.pdf |
| FW-001 | Request to Waive Court Fees | Fee waiver application | Plaintiff or defendant | courts.ca.gov/documents/fw001.pdf |
| FW-003 | Order on Court Fee Waiver | Judge's order on the waiver | Court | courts.ca.gov/documents/fw003.pdf |
| SC-105 | Request for Court Order and Answer | Request court orders; limited answer | Either party | courts.ca.gov/documents/SC-105.pdf |
| SC-107 | Small Claims Subpoena | Compel witness or documents | Either party | courts.ca.gov/documents/SC-107.pdf |
| SC-130 | Notice of Entry of Judgment | Court's notice of the judgment | Court | (clerk-generated) |
| SC-133 | Judgment Debtor's Statement of Assets | Debtor lists assets after losing | Defendant | courts.ca.gov/documents/SC-133.pdf |
| SC-135 | Notice of Motion to Vacate Judgment | Set aside a default | Defendant | (clerk-provided) |
| SC-140 | Notice of Appeal | Appeal a small claims judgment | Losing defendant | (clerk-provided) |
| SC-150 | Request to Postpone Trial | Continue the hearing | Either party | courts.ca.gov/documents/SC-150.pdf |
| EJ-001 | Abstract of Judgment | Create a real-property lien | Plaintiff | courts.ca.gov/documents/ej001.pdf |
| EJ-100 | Acknowledgment of Satisfaction of Judgment | Clear the judgment once paid | Plaintiff | (clerk-provided) |
| EJ-130 | Writ of Execution | Enable sheriff to enforce judgment | Plaintiff | courts.ca.gov/documents/ej130.pdf |
| EJ-190 | Application for Renewal of Judgment | Renew judgment for another 10 years | Plaintiff | (clerk-provided) |
| WG-002 | Earnings Withholding Order | Garnish wages | Plaintiff | courts.ca.gov/documents/wg002.pdf |
Which forms open the case?
The forms that open a California small claims case are the SC-100 Plaintiff's Claim and Order to Go to Small Claims Court, plus the SC-100A attachment if you have more than two plaintiffs or two defendants. The SC-100 includes the hearing date once the clerk fills it in. You will get back a stamped copy with the date, time, and courtroom, which you then serve on the defendant.
Which forms does the defendant file?
The forms the defendant files in California are usually none before the hearing. The defendant does not have to file a written answer. If the defendant wants to counterclaim, they file SC-120 Defendant's Claim. If they need to continue the hearing, they file SC-150. If they cannot afford fees, they file FW-001.
How to fill out the California claim form
To fill out the California claim form, you list your full name and address, the defendant's full legal name and address, the dollar amount you are asking for (up to $12,500 for individuals, $6,250 for businesses), a short factual description of what happened, the date the claim arose, and your statement that you sent a demand to the defendant if applicable. Sign under penalty of perjury. Keep your facts short and specific. Sign and date.
What if you can't afford the filing fee?
If you cannot afford the California filing fee, you file the FW-001 Request to Waive Court Fees with your SC-100. You qualify if you receive means-tested public benefits (SNAP, Medi-Cal, SSI, CalWORKs, TANF, county relief), if your household income is under roughly 125% of the federal poverty level, or if you can show that paying fees would leave you unable to cover basic living expenses. The judge signs FW-003 to grant or deny.
7. Where to file, and how (in person, mail, e-file)
File in the county where the defendant lives, where the contract was signed or performed, where the goods were delivered, or where the injury or damage occurred. California accepts filings in person, by mail, by drop box, by fax in some counties, and by e-filing through county-specific portals. Most clerks process filings within a few business days and issue a hearing date about 20 to 70 days out.
Which county do you file in?
The county you file in is the county where any defendant resides, or where the events that gave rise to the claim happened. For contract cases, that means where the contract was made or performed, or where the goods were delivered. For property damage or injury, that means where the harm occurred. For consumer purchases, you can usually file where you bought the item. CCP §116.340 governs venue.
How to file in California small claims
To file in California small claims you can deliver the completed SC-100 to the clerk in person, mail it with a check or money order, drop it in the courthouse drop box, fax it (where allowed), or e-file through a Tyler-based eFile system if your county supports it. Bring or send the filing fee or fee waiver request. The clerk stamps the form, assigns a case number, and schedules the hearing date.
How to e-file in California
To e-file in California, create an account with a certified electronic filing service provider (EFSP) such as One Legal or TurboCourt, which connect to county Tyler Odyssey systems through eFileCA. Each county sets its own rules, fees, and acceptance of small claims e-filings. Some counties accept small claims e-filings; some only accept paper. Check your county Superior Court's website before assuming e-filing is available.
What happens if you file in the wrong county?
If you file in the wrong county in California, the defendant can challenge venue and the case may be transferred or dismissed. The judge will not catch the mistake at filing; it usually comes up at the hearing. You then face a delay and possible additional fees. Get venue right the first time. Check the defendant's address and the location of the events before you file.
8. Filing fees, service fees, and fee waivers in California
Filing fees in California small claims start at $30 for claims up to $1,500, $50 for claims between $1,500.01 and $5,000, and $75 for claims between $5,000.01 and $10,000 (and above through the $12,500 individual cap). Service of process adds about $40 (sheriff) or $15 (clerk certified mail) or $75 to $100 (private process server). If you cannot afford the fees, file the FW-001 fee waiver. Filing and service fees are recoverable as court costs if you win.
California small claims filing fees
| Claim amount | Filing fee | Notes |
|---|---|---|
| Up to $1,500 | $30 | Gov. Code §70613 |
| $1,500.01 to $5,000 | $50 | Gov. Code §70613 |
| $5,000.01 to $10,000 | $75 | Gov. Code §70613 |
| Over $10,000 (up to $12,500 individual cap) | $75 | Same top-tier fee applies |
| Frequent filer surcharge | $100 per case | Applies after 12 filings in 12 months |
Counties may add small surcharges for law library and technology funds. Continuance fees may apply and vary by county.
California small claims service costs
| Service method | Cost | When to use |
|---|---|---|
| Sheriff or marshal | About $40 (varies $35 to $50 by county) | Reliable, official; recoverable if you win |
| Clerk certified mail | About $15 | Cheapest, but only valid if defendant personally signs the green card |
| Private process server | About $75 to $100 | When sheriff is slow or the defendant is hard to find |
| Substituted (leave-and-mail) | About $40 (sheriff) or $75+ (server) | After diligent attempts at personal service |
| Publication | $200 to $400+ | Last resort; requires court order |
How much does it cost to file in California?
Filing a California small claims case costs $30 to $75 in filing fees, plus service fees. The exact fee depends on your claim size. The total out-of-pocket cost for a typical case is usually $70 to $175 before any witness fees. Filing fees and service fees are recoverable from the defendant if you win.
How much does service cost?
Service in California costs about $15 if the clerk mails by certified mail, about $40 if the sheriff serves, and about $75 to $100 if a private registered process server serves. Sheriff is the most common choice for reliability. Certified mail is cheapest but fails if the defendant does not personally sign the return receipt. Add the fee to your recoverable costs at the hearing.
Can you get the filing fee waived?
You can get the California filing fee waived by filing FW-001 Request to Waive Court Fees. You qualify if you receive SNAP, Medi-Cal, SSI, CalWORKs, county general assistance, or other means-tested aid; if your household income is under about 125% of the federal poverty level; or if paying would leave you unable to cover food, rent, and basic needs. The court rules on FW-001 by issuing FW-003. The waiver covers filing fees, sheriff service, and certain other court costs.
Are filing fees recoverable if you win?
Filing fees in California are recoverable if you win. You also recover the cost of service (sheriff, certified mail, or process server), subpoena fees, witness fees, sheriff levy and writ fees, and other court-ordered costs. The judge usually adds these to the judgment automatically. After judgment, you can add later costs (like the cost to record an abstract of judgment) using Form MC-012 Memorandum of Costs After Judgment.
9. Serving the defendant in California
California allows several methods to serve a small claims defendant: personal service by any non-party adult, sheriff service, private registered process server, clerk-arranged certified mail, substituted service (leave-and-mail), court-ordered alternate service (email, posting, social media), and publication as a last resort. Service must be completed at least 15 days before the hearing if the defendant is served in the same county, or 20 days if served outside the county. Proof of service must be filed on Form SC-104 before the case can proceed.
California small claims service methods
| Method | Allowed | Cost | When to use |
|---|---|---|---|
| Personal service (any adult non-party) | Yes | Free if friend; $75+ if pro | Best practice; most reliable |
| Sheriff or marshal | Yes | About $40 | Reliable, official, recoverable |
| Private process server | Yes | $75 to $100 | When sheriff is slow |
| Clerk certified mail | Yes | About $15 | Cheap, but defendant must sign green card personally |
| Substituted (leave-and-mail) | Yes | About $40 to $75 | After diligent attempts at personal service |
| Publication | Yes (with court order) | $200 to $400+ | Last resort, after court order |
| Alternate (email, posting, social media) | Yes (with court order) | Varies | When other methods have failed |
Service by sheriff or constable
Service by sheriff in California is the most common choice. You give the sheriff your stamped SC-100 and pay the fee (around $40, varies $35 to $50 by county). The sheriff hand-delivers the papers to the defendant and files an SC-104 Proof of Service. The fee is recoverable from the defendant if you win. Allow 2 to 4 weeks for the sheriff to complete service.
Service by certified mail
Service by certified mail in California is available through the clerk for about $15. The clerk mails the SC-100 with return receipt requested. The catch: service is valid only if the defendant personally signs the green card. If a family member, roommate, or postal worker signs, service fails. Plan to use sheriff or a process server as a backup if certified mail does not stick.
Service by private process server
Service by a private process server in California requires hiring a registered process server (typically $75 to $100). They hand-deliver the papers and file the SC-104 Proof of Service with the court. Process servers are faster than the sheriff and useful when the defendant works odd hours, lives behind a gate, or has been ducking the sheriff.
Court-ordered alternate or substituted service
Court-ordered alternate service in California is allowed when traditional methods have failed. Substituted service lets you leave the papers with a competent adult at the defendant's home or workplace and mail a copy, but only after diligent attempts at personal service. Lead time grows: 25 days before trial in-county, 30 days out-of-county. The judge can also authorize email, posting, or social media service if standard methods fail.
Service by publication
Service by publication in California is a last resort that requires a court order. You must show diligent efforts to find the defendant. The notice runs once a week for four consecutive weeks in a newspaper of general circulation, and service is deemed complete on the 28th day after first publication. Cost runs $200 to $400 or more. The hearing must be continued to allow the four-week notice period.
What if the defendant refuses or evades service?
If the defendant refuses or evades service in California, ask the sheriff or a private process server to attempt personal service multiple times at multiple addresses (home, work, relatives). After several failed attempts, ask the judge for substituted service or alternate service. Keep records of every attempt with dates and times. The judge needs proof of diligence before granting alternative service.
Serving a military defendant
To serve a military defendant in California, you must comply with the Servicemembers Civil Relief Act (SCRA). Before getting a default judgment, you must file a military status declaration confirming whether the defendant is on active duty. If they are on active duty, the court will appoint a lawyer for them or postpone the case. The Department of Defense Manpower Data Center website lets you check active-duty status for free.
10. The defendant's response
After service, the defendant in California has no obligation to file a written answer. They simply show up at the hearing and present their defense. They can file a counterclaim using SC-120 Defendant's Claim up to $12,500 (individual defendant) or $6,250 (business defendant). If the counterclaim exceeds the cap, the case can be transferred to the limited or unlimited civil division. If the defendant fails to appear and was properly served, the plaintiff can get a default judgment after a brief prove-up.
How long does the defendant have to respond?
The defendant in California has until the hearing to respond. There is no written answer requirement. To file a counterclaim, the defendant must serve and file SC-120 at least 5 days before the hearing if the counterclaim was filed at least 10 days before the hearing, or at least 1 day before if filed less than 10 days before. Best practice: file the counterclaim as soon as possible.
What goes in the answer?
A California Answer is not a separate form in small claims. The defendant raises defenses orally at the hearing. Bring documents, witnesses, and a clear story. If you want to assert affirmative defenses (statute of limitations, no consideration, payment already made), say so at the hearing and show your evidence.
Can the defendant counterclaim?
The defendant can counterclaim in California by filing SC-120 Defendant's Claim and Order to Go to Small Claims Court. The counterclaim is heard at the same hearing as the plaintiff's claim. The cap is the same: $12,500 for an individual defendant, $6,250 for a business. There is a filing fee. Service rules apply: the defendant must serve SC-120 on the plaintiff before the hearing.
What if the counterclaim exceeds the small claims cap?
If the counterclaim exceeds the California cap, the defendant has two choices: waive the excess and accept the cap, or ask the court to transfer the case to the limited or unlimited civil division so the full amount can be heard. Transfer means formal civil procedure rules apply, with attorneys, written discovery, and a longer timeline. The defendant must move for transfer before or at the hearing.
11. Preparing for and attending the hearing
California small claims hearings happen about 20 to 70 days after filing. They are informal bench trials before a judge or commissioner with no jury. Bring at least 2 copies of every exhibit, all your witnesses, and a 2 to 3 minute summary of your case. The judge usually rules from the bench or mails the judgment within a few days using Form SC-130 Notice of Entry of Judgment.
When does your hearing happen?
Your California small claims hearing happens between 20 and 70 days after filing, depending on the county's caseload. The clerk sets the date when you file SC-100 and stamps it on the form. Some busy counties run on the longer end. The hearing is in the Small Claims Division of the Superior Court for the county where you filed.
How to prepare your case
To prepare your California small claims case, build a 2 to 3 minute summary of what happened in chronological order. Gather your exhibits: the contract, the receipts, the photos, the texts, the demand letter and proof of mailing, the canceled checks. Make 2 copies of each exhibit (one for the judge, one for the defendant; keep the original for yourself). Write out the dollar amounts in a damages calculation. List your witnesses and what each will say.
What evidence is admissible in California?
Evidence admissible in California small claims includes documents, photos, text messages, emails, witness testimony, written estimates, and even hearsay (with weight assigned by the judge). The rules of evidence are relaxed under the informal procedure rule. Authenticate documents by explaining who wrote them and when. Print text messages and emails with timestamps and sender info visible. California is a two-party consent state for audio recordings, so do not bring secretly recorded conversations.
How to subpoena a witness
To subpoena a witness in California, you fill out SC-107 Small Claims Subpoena, the clerk issues it, and you serve it personally on the witness along with the statutory witness fee (approximately $35 per day plus mileage). File the proof of service before the hearing. Serve at least 5 to 10 days before the hearing to give the witness time. If the witness has documents you need, list those on the subpoena.
Can you appear by phone or video?
Phone or video appearance in California small claims is allowed in some counties but not by statewide rule. Each Superior Court sets its own remote-appearance policy. Check your county court's website or call the clerk. If you need a remote appearance, ask the court as early as possible and explain the reason (work, distance, disability, health). Do not assume remote appearance is available.
Continuances and what happens if you can't attend
A continuance in California small claims is requested using SC-150 Request to Postpone Trial. File it at least 10 days before the hearing if possible. The judge needs good cause (illness, conflict, missing witness). Counties may charge a continuance fee. If the plaintiff does not show up and has not asked for a continuance, the case is usually dismissed without prejudice. If the defendant does not show up after proper service, the plaintiff can get a default judgment after a brief prove-up.
Dress for court like you would for a job interview. Arrive 30 minutes early. Bring a pen and paper. Address the judge as "Your Honor." Wait your turn. Speak directly to the judge, not the other side. Stick to the facts. Do not interrupt.
12. Mediation, interpreters, and ADA accommodations
California offers free court-annexed mediation in most counties, often the same day as the hearing. Interpreters are available in Spanish, Mandarin, Cantonese, Vietnamese, Korean, Tagalog, Russian, Arabic, Punjabi, and others depending on the county. Request one from the clerk in writing as early as possible, ideally 5 to 10 days before the hearing. ADA accommodations (wheelchair access, sign-language interpreter, accessible documents) are requested by filing Form MC-410 or contacting the court's ADA coordinator.
Is mediation available in California small claims?
Mediation in California small claims is offered free in most counties, usually the same day at the courthouse before the hearing. A neutral mediator (court staff or a community ADR provider) helps the parties try to settle. Mediation is voluntary. If you reach a settlement, the case can be dismissed or entered as a consent judgment. If not, you go straight to the hearing. Take mediation seriously: most cases that mediate, settle.
How to request a court interpreter
To request a court interpreter in California, you contact the court clerk or language access coordinator as early as possible, ideally 5 to 10 days before the hearing. California courts provide certified interpreters for the most-requested languages (Spanish, Mandarin, Cantonese, Vietnamese, Korean, Tagalog, Russian, Arabic, Punjabi, and others) free of charge. Ask the clerk what languages they cover. Do not bring a family member to interpret unless the court approves it.
How to request an ADA accommodation
To request an ADA accommodation in California, contact the court's ADA coordinator and file Judicial Council Form MC-410 Request for Accommodations as early as possible. The court provides wheelchair-accessible courtrooms, assistive listening devices, sign-language interpreters, large-print or Braille documents, and other accommodations at no cost. Each Superior Court has a local ADA coordinator; call the clerk's office to get the contact.
13. What you can recover (and statutory damages multipliers)
If you win in California small claims, you can recover the underlying damages, court costs (filing fee, service fee, subpoena fees, witness fees), and post-judgment interest at 10% per year. Pre-judgment interest is 10% per year for liquidated sums under Civil Code §3287(a). Attorney's fees are recoverable only when a contract or statute authorizes them and you actually paid a lawyer. Some claims trigger statutory multipliers: bad checks (3x under Civil Code §1719), security deposits (2x under Civil Code §1950.5), and others.
Statutory damages multipliers in California
| Claim type | Multiplier or formula | Conditions | Statute |
|---|---|---|---|
| Security deposit (willful retention) | Up to 2x damages | Bad-faith withholding by landlord | Civ. Code §1950.5 |
| Bad check | 3x damages (statutory cap applies) | 30-day demand sent and check still unpaid | Civ. Code §1719 |
| Unpaid minimum wages | 2x (liquidated damages equal to unpaid wages) | Minimum wage violation | Labor Code §1194.2 |
| Final paycheck (waiting time) | 1 day's wages per day late, up to 30 days | Willful failure to pay final wages | Labor Code §203 |
| Lemon law (Song-Beverly) | Up to 2x actual damages | Willful violation | Civ. Code §1794(c) |
| Antitrust | 3x damages | Cartwright Act violation | Bus. & Prof. Code §16750(a) |
| Theft / conversion (civil) | 3x damages in certain contexts | Statutory civil theft | Penal Code §496(c) |
| Senior / disabled consumer protection | Up to 3x damages | Victim is senior or disabled person | Civ. Code §3345 |
What costs are recoverable in California?
Costs recoverable in California include the filing fee, sheriff or process server fees, certified mail fee for clerk service, subpoena fees, witness fees, sheriff levy and writ fees, and other court-ordered costs. The judge usually adds them to the judgment automatically. After judgment, you can add later costs (like the cost to record an abstract of judgment or get a writ of execution issued) using Form MC-012 Memorandum of Costs After Judgment.
How does interest work on California judgments?
Interest on California judgments runs at 10% per year on the unpaid balance. Pre-judgment interest at 10% under Civil Code §3287(a) is available for liquidated sums (amounts that can be calculated with certainty before judgment, like an unpaid invoice). Post-judgment interest at 10% runs from the date the judgment was entered until it is paid in full. Add interest when you collect.
When can you recover attorney's fees?
Attorney's fees in California small claims are recoverable when a contract or statute specifically authorizes them and you actually paid a lawyer. Civil Code §1717 controls contract fee-shifting clauses. Some statutes (consumer protection, lemon law) authorize fees. Self-represented "time" is not recoverable as attorney's fees. Fees are rare in small claims because lawyers cannot appear at the first hearing, but they may arise on appeal or under specific fee-shifting statutes.
Statutory damages multipliers in California
California statutes that multiply damages in small claims include Civil Code §1719 (3x damages for bad checks, up to a statutory cap, after a 30-day demand), Civil Code §1950.5 (up to 2x the deposit for bad-faith retention of a security deposit), Labor Code §1194.2 (liquidated damages equal to unpaid minimum wages), Labor Code §203 (waiting-time penalty of up to 30 days of wages for unpaid final paychecks), and Civil Code §3345 (up to 3x for consumer protection violations against seniors or disabled victims). Plead the multiplier in your SC-100.
14. Getting a default judgment when the defendant doesn't respond
If the defendant in California does not appear at the hearing after proper service, you can ask for a default judgment that day. The judge will check that proof of service (SC-104) is filed, ask you to "prove up" your damages, and then enter judgment. Before entering default, the court requires a military status declaration (SCRA affidavit) confirming the defendant is not on active duty.
When can you ask for a default judgment in California?
You can ask for a default judgment in California after the defendant fails to appear at the hearing, as long as the defendant was properly served at least 15 days before the hearing (in-county) or 20 days (out-of-county) and proof of service is on file. The plaintiff appears and presents the case as if the defendant were there. The judge enters judgment if the evidence supports it.
What you file to get a default
To get a default in California, you file the SC-104 Proof of Service (showing the defendant was served), bring your evidence to the hearing, and file a military status declaration confirming the defendant is not on active duty. The judge will not enter a default judgment without confirming SCRA compliance. The court then issues SC-130 Notice of Entry of Judgment.
Can the defendant vacate a default in California?
A defendant can vacate a California default by filing SC-135 Notice of Motion to Vacate Judgment and Declaration within 30 days after the clerk mails the Notice of Entry of Judgment (SC-130). The defendant must show a good reason for missing the hearing (illness, no notice, emergency). If granted, the court sets a new hearing. After 30 days, the defendant can still seek relief but the standard is harder.
15. Appealing a small claims judgment in California
In California, only the losing defendant (or a plaintiff who lost on a defendant's counterclaim) can appeal a small claims judgment. The plaintiff who lost on their own claim generally cannot appeal. The appeal is filed within 30 days after the clerk mails the Notice of Entry of Judgment (SC-130) using Form SC-140 Notice of Appeal. The appeal is a trial de novo, meaning a brand-new trial in front of a different Superior Court judge, and attorneys are allowed at this stage.
Who can appeal and when?
Either party in California small claims can appeal within 30 days after the clerk mails the Notice of Entry of Judgment, but only in limited situations. The losing defendant can appeal the judgment on the plaintiff's claim. A plaintiff who lost on the defendant's counterclaim can appeal that part. A plaintiff who lost on their own claim cannot appeal. File SC-140 with the clerk.
What kind of appeal is it?
An appeal in California small claims is a trial de novo, which means a brand-new trial in front of a different Superior Court judge. The first hearing's record is not used. Both sides present evidence and witnesses again. Unlike the first hearing, attorneys are allowed at the appeal. The appeal judge's decision is final and binding.
What does an appeal cost?
An appeal in California costs a filing fee (the same tiered structure based on claim size) plus possible additional costs for an attorney if you hire one. The court can award the prevailing party on appeal up to $1,000 in attorney's fees and up to $150 for lost earnings and transportation if the appeal was without merit. You can file FW-001 to waive the appeal filing fee if you qualify.
Does an appeal stop collection?
An appeal stops collection in California when the appeal is filed. Once SC-140 is filed within the 30-day window, enforcement of the judgment is automatically stayed until the appeal is decided. The plaintiff cannot issue a writ of execution or record an abstract of judgment until the appeal is over. If the appellant loses, collection can resume.
16. Collecting your judgment in California
Winning is half the battle, and California does not collect for you. After the 30-day appeal window closes, you can record an abstract of judgment (EJ-001) to create a lien on the debtor's real property, get a writ of execution (EJ-130) to levy non-exempt assets, garnish wages up to 25% of disposable earnings using an Earnings Withholding Order (WG-002), levy bank accounts, and order the debtor to appear for a debtor's examination. The judgment is good for 10 years and renewable.
16.1 Wait for the appeal window to close
The appeal window in California is 30 days from the date the clerk mails the Notice of Entry of Judgment (SC-130). You cannot enforce the judgment during this window. Mark the date on your calendar. Once the 30 days pass without an appeal (or the appeal is decided in your favor), you can start collection.
16.2 Get an abstract or certificate of judgment
An abstract of judgment in California is a clerk-issued form (EJ-001) you record with the county recorder in any county where the debtor owns or might own real property. Recording creates a lien on the debtor's real property in that county. The lien lasts 10 years and can be renewed. If the debtor sells or refinances, your lien gets paid out of the proceeds. Recording fees vary by county (typically $20 to $50).
16.3 Writ of execution
A writ of execution in California authorizes the sheriff or levying officer to seize non-exempt assets of the debtor. Get it by filing EJ-130 Writ of Execution with the clerk. The writ is good in the county it is issued for. You need a separate writ for each county where you want to enforce. The writ is the master tool for bank levies, wage garnishments, and seizures.
16.4 Wage garnishment
Wage garnishment in California is allowed up to 25% of the debtor's disposable earnings (or the amount by which weekly earnings exceed 40 times the state minimum hourly wage, whichever is less). Get a writ of execution (EJ-130), then file an Application for Earnings Withholding (WG-001) with the sheriff. The sheriff serves the employer with an Earnings Withholding Order (WG-002). The employer withholds and sends to the sheriff, who forwards to you, minus fees.
16.5 Bank levy or account garnishment
A bank levy in California works by getting a writ of execution (EJ-130) and giving it to the sheriff along with the debtor's bank name, branch, and account number if you have it. The sheriff serves the bank with a Notice of Levy. The bank freezes available funds in the account up to the judgment amount. The debtor has 10 days to claim exemptions (Social Security, public benefits, etc.). After that, the sheriff releases the funds to you.
16.6 Debtor's examination
A debtor's examination in California is a court hearing where the debtor must appear under oath and answer questions about their assets, income, employer, and bank accounts. File an application and order for examination, have it personally served on the debtor, and bring questions to the hearing. Bring an SC-133 Judgment Debtor's Statement of Assets request. Failure to appear can result in a bench warrant.
16.7 Satisfaction of judgment
A satisfaction of judgment in California is filed when the debtor pays the judgment in full. File EJ-100 Acknowledgment of Satisfaction of Judgment with the court within 15 days of receiving full payment. Record it with the county recorder if you recorded an abstract of judgment. Failing to file satisfaction can subject you to penalties. The debtor can also force you to file by demand.
16.8 Judgment renewal
A California judgment is valid for 10 years and renewable by filing EJ-190 Application for Renewal of Judgment before the 10-year anniversary. Renewal extends enforceability for another 10 years. Once the court enters the renewal, serve EJ-195 Notice of Renewal of Judgment on the debtor. Add accrued interest at 10% to the renewed amount. You can renew multiple times.
16.9 Collecting from an out-of-state debtor (UEFJA)
To collect from an out-of-state debtor, you domesticate the judgment by filing under the Uniform Enforcement of Foreign Judgments Act (UEFJA) in the state where the debtor lives or has assets. California recognizes sister-state judgments through the same process: file Form EJ-105 Notice of Entry of Sister-State Judgment with a certified copy of the foreign judgment. The clerk enters the judgment, and the debtor has 30 days to move to vacate. After that, you can enforce it like a California judgment.
16.10 What's exempt from collection in California
California protects the following property from collection. Some exemptions are dollar-limited; some are unlimited.
| Category | Amount exempt | Statute | Notes |
|---|---|---|---|
| Homestead (primary residence) | $300,000 to $600,000 (varies by county median home price) | CCP §704.730 | Indexed annually |
| Motor vehicle equity | $3,325 | CCP §704.010 | Indexed periodically |
| Tools of trade | About $9,525 | CCP §704.060 | Indexed; extra for work vehicles |
| Household goods | No specific cap for ordinary items | CCP §704.020 | Furniture, appliances, clothing, food |
| Jewelry and art | About $9,525 combined | CCP §704.040 | Indexed |
| Health aids | Fully exempt | CCP §704.050 | Wheelchairs, prosthetics, etc. |
| Retirement accounts and pensions | Largely exempt | CCP §§704.115, 704.110 | IRAs, public pensions |
| Social Security and SSI | Fully exempt | 42 U.S.C. §407 | Federal protection |
| Veterans' benefits | Fully exempt | 38 U.S.C. §5301 | Federal protection |
| Unemployment benefits | Fully exempt | CCP §704.120 | |
| Workers' compensation | Fully exempt | CCP §704.160 | |
| Child or spousal support received | Exempt | (statutory) | Support funds protected |
| Life insurance cash value | About $15,000 | CCP §704.100 | Unmatured cash value |
| Personal injury and wrongful death awards | Exempt to the extent needed | CCP §§704.140–704.150 |
California has opted out of the federal exemption scheme for most state-court enforcement. Debtors use California's exemptions, not the federal bankruptcy ones, for collection in state court. Federal protections (Social Security) still apply on top of state exemptions.
If the debtor files bankruptcy, an automatic stay under 11 U.S.C. §362 immediately stops all collection. You cannot garnish, levy, or even call the debtor. Wait for the bankruptcy court to lift the stay or for the case to resolve. Some judgments survive bankruptcy (fraud, intentional torts); most consumer debts do not.
17. State-specific quirks and pitfalls in California
California has several rules that surprise filers: the cap is much higher for individuals ($12,500) than for businesses ($6,250); you can only file two claims over $2,500 per calendar year; and assignees and debt buyers cannot use small claims at all. Knowing them up front prevents wasted filings and lost cases. The most consequential is the natural-person cap rule, which can force a business plaintiff to leave money on the table.
Small Claims Advisor program in every county. California requires each county to provide a free Small Claims Advisor to give procedural guidance to self-represented parties. Use them. They cannot represent you, but they can help you fill out forms and understand the process.
Two filings over $2,500 per year. No plaintiff may file more than two small claims for amounts over $2,500 in any calendar year under CCP §116.231. Claims for $2,500 or less have no annual limit. Plan your filings.
Natural-person cap is higher. Only individuals get the $12,500 cap. LLCs, corporations, and partnerships are capped at $6,250. If you operate as a sole proprietor (no entity), you can sue as an individual and get the higher cap.
Assignees and debt buyers cannot sue. CCP §116.420 generally prohibits assignees (anyone who bought the claim from the original creditor, including debt buyers) from suing in small claims. The case must be filed by the original creditor.
Unlicensed contractors are barred. Under Business and Professions Code §7031, a contractor who was unlicensed at any time during a job cannot sue to collect their fees, even in small claims. The defendant who hired them can use this as a defense.
Statutory enhanced damages are recoverable. Bad checks (3x under Civ. Code §1719), security deposits (2x under Civ. Code §1950.5), and minimum wage claims (2x under Labor Code §1194.2) all allow multiplied damages in small claims. Plead them.
Government Claims Act notice is mandatory. Suing a public entity requires filing a written claim under Gov. Code §§ 911.2, 945.4 within 6 months for injury and property damage claims (or 1 year for other claims) before you can file in court. Miss the deadline and your case is barred.
Certified mail service often fails. Clerk certified mail at $15 is cheap, but only counts as service if the defendant personally signs the green card. In practice, many defendants never sign. Plan on sheriff or process server as a backup.
Small claims can order return of personal property. California small claims can order return of a specific item of personal property (similar to replevin), as long as the item's value fits within the cap. This is useful for recovering a stuck deposit, a wrongfully held item, or a vehicle.
E-filing and remote appearance vary by county. There is no statewide e-filing mandate for small claims. Each of the 58 counties sets its own rules. Check the county Superior Court website before assuming you can e-file or appear remotely.
18. Sources and citations
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California Code of Civil Procedure §116.210. law.justia.com. https://law.justia.com/codes/california/code-ccp/part-1/title-1/chapter-5-5/article-2/section-116-210/. Cited for: Small Claims Division description; representation rules for minors.
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Los Angeles Superior Court — Small Claims overview. www.lacourt.org. https://www.lacourt.org/division/smallclaims/smallclaims.aspx. Cited for: informal procedure, no attorneys at first hearing, no juries.
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Cal. Code Civ. Proc. §116.220. leginfo.legislature.ca.gov. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=116.220. Cited for: base monetary limit and jurisdiction.
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Cal. Code Civ. Proc. §116.221. law.justia.com. https://law.justia.com/codes/california/code-ccp/part-1/title-1/chapter-5-5/article-2/section-116-221/. Cited for: $12,500 individual cap.
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Cal. Code Civ. Proc. §116.224 (auto injury cap). www.jhmlawoffice.com. https://www.jhmlawoffice.com/amp/legal-information-research/california-code-of-civil-procedure/116-224-small-claims-cap-auto-injury/. Cited for: $10,000 cap for auto bodily injury with insured defendant.
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SB 71 (2023). legiscan.com. https://legiscan.com/CA/bill/SB71/2023. Cited for: 2024 statutory update raising small claims caps.
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California Courts Self-Help. selfhelp.courts.ca.gov. https://selfhelp.courts.ca.gov/small-claims-or-limited-civil. Cited for: small claims vs. limited civil decision tree.
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CCP §116.231 (annual filing caps). california.public.law. https://california.public.law/codes/code_of_civil_procedure_section_116.231. Cited for: two filings over $2,500 per calendar year.
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CCP §337 (written contract SOL). codes.findlaw.com. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-337/. Cited for: 4-year written contract and open account statutes of limitations.
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CCP §339 (oral contract SOL). codes.findlaw.com. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-339/. Cited for: 2-year oral contract and quasi-contract SOL.
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Cal. Com. Code §3118 (promissory note SOL). california.public.law. https://california.public.law/codes/california_commercial_code_section_3118. Cited for: 6-year promissory note SOL.
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CCP §338 (property damage and fraud SOL). codes.findlaw.com. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-338/. Cited for: 3-year SOL for property damage, fraud (discovery rule), and conversion.
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CCP §335.1 (personal injury SOL). codes.findlaw.com. https://codes.findlaw.com/ca/code-of-civil-procedure/ccp-sect-335-1/. Cited for: 2-year personal injury SOL.
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Cal. Civ. Code §1950.5 (security deposits). leginfo.legislature.ca.gov. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=1950.5&lawCode=CIV. Cited for: 2x statutory penalty for bad-faith retention of a security deposit.
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Judicial Council Form SC-100. courts.ca.gov. https://www.courts.ca.gov/documents/SC-100.pdf. Cited for: Plaintiff's Claim form.
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Judicial Council Form FW-001. courts.ca.gov. https://www.courts.ca.gov/documents/fw001.pdf. Cited for: fee waiver request and eligibility.
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Form EJ-001. courts.ca.gov. https://www.courts.ca.gov/documents/ej001.pdf. Cited for: Abstract of Judgment.
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Form EJ-130. courts.ca.gov. https://www.courts.ca.gov/documents/ej130.pdf. Cited for: Writ of Execution.
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Form WG-002. courts.ca.gov. https://www.courts.ca.gov/documents/wg002.pdf. Cited for: Earnings Withholding Order (wage garnishment).
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42 U.S.C. §407. www.law.cornell.edu. https://www.law.cornell.edu/uscode/text/42/407. Cited for: federal exemption of Social Security benefits.
19. Frequently asked questions
What is the maximum amount you can sue for in California small claims court?
The maximum amount you can sue for in California small claims court is $12,500 if you are an individual (natural person) and $6,250 if you are a business entity (LLC, corporation, partnership). Special caps apply to auto bodily injury cases against insured defendants ($10,000) and certain guarantor and surety claims. You cannot split one claim into smaller pieces to fit under the cap.
How much does it cost to file a small claims case in California?
Filing a small claims case in California costs $30 for claims up to $1,500, $50 for claims between $1,500.01 and $5,000, and $75 for claims between $5,000.01 and $10,000 (and above, up to the cap). A frequent-filer surcharge of $100 applies after 12 filings in 12 months. Service of process adds about $15 (certified mail through the clerk) to $100 (private process server).
How long do I have to sue in California small claims?
How long you have to sue in California depends on the claim type. Written contracts get 4 years (CCP §337). Oral contracts get 2 years (CCP §339). Property damage gets 3 years (CCP §338). Personal injury gets 2 years (CCP §335.1). Fraud gets 3 years from discovery (CCP §338(d)). Defamation gets 1 year (CCP §340(c)). Miss the deadline and the case is dismissed.
Do I need a lawyer for California small claims court?
You do not need a lawyer for California small claims court, and you cannot have one at the first hearing. CCP §116.530 bars attorney representation at the initial small claims trial. You can hire a lawyer to help you prepare, draft documents, or write a demand letter. Attorneys are allowed on appeal because that is a trial de novo in front of a Superior Court judge.
Can a business sue or be sued in California small claims?
A business can sue or be sued in California small claims, but the cap is lower for business plaintiffs. LLCs, corporations, and partnerships can only sue for up to $6,250 per case. Individuals can sue for up to $12,500. A business must send a representative (officer, owner, regular employee), not an attorney, to the first hearing. Make sure the business is in good standing with the Secretary of State.
How do I serve the defendant in California?
To serve the defendant in California, you can use personal service by a non-party adult, sheriff service (about $40), clerk certified mail ($15 but only counts if the defendant signs), a private process server ($75 to $100), substituted service after diligent attempts, or publication with a court order. Service must be completed at least 15 days before the hearing (in-county) or 20 days (out-of-county). File the SC-104 Proof of Service.
How long does it take to get a hearing in California small claims?
Getting a hearing in California small claims usually takes 20 to 70 days from filing. The clerk sets the date when you file SC-100. Busy counties like Los Angeles and San Francisco may run longer. The statutory window is set so cases move quickly compared to civil court. Your hearing date will be stamped on your SC-100 when you file.
What happens at a California small claims hearing?
At a California small claims hearing, the judge calls your case, you and the defendant each tell your story briefly, you show your exhibits and call any witnesses, and the judge asks questions. The whole hearing usually takes 15 to 30 minutes. The judge either rules from the bench or takes the case under submission and mails the decision later using SC-130 Notice of Entry of Judgment.
What if the defendant doesn't show up in California?
If the defendant does not show up in California after being properly served, you can ask for a default judgment that day. The judge will check that proof of service (SC-104) is on file, confirm the defendant is not on active military duty (SCRA), and have you "prove up" your damages. The judge then enters the judgment, and the clerk mails SC-130.
What if I miss my California small claims hearing?
If you miss your California small claims hearing as the plaintiff, the case is usually dismissed (often without prejudice, meaning you can refile). If you miss as the defendant, the plaintiff can get a default judgment against you. To set aside a default, file SC-135 Notice of Motion to Vacate Judgment within 30 days of the Notice of Entry of Judgment, showing good cause for missing the hearing.
Can I appeal a California small claims judgment?
You can appeal a California small claims judgment, but only the losing defendant or a plaintiff who lost on the defendant's counterclaim has appeal rights. File SC-140 Notice of Appeal within 30 days after the clerk mails the Notice of Entry of Judgment. The appeal is a trial de novo (brand-new trial) in front of a different Superior Court judge, and attorneys are allowed.
How do I collect a California small claims judgment?
To collect a California small claims judgment, wait 30 days for the appeal window to close, then use the writ of execution (EJ-130) to enable the sheriff to levy bank accounts, garnish wages with WG-002, or seize non-exempt property. Record an abstract of judgment (EJ-001) to create a lien on the debtor's real property. Order a debtor's examination to find assets. The judgment is good for 10 years.
Can I garnish wages in California?
You can garnish wages in California up to 25% of the debtor's disposable earnings, or the amount by which weekly earnings exceed 40 times the state minimum hourly wage (whichever is less). Get a writ of execution (EJ-130), then file WG-001 Application for Earnings Withholding with the sheriff. The sheriff serves the employer with WG-002 Earnings Withholding Order. The employer withholds and sends the money to the sheriff.
How long is a California small claims judgment valid?
A California small claims judgment is valid for 10 years from entry. You can renew it for another 10 years by filing EJ-190 Application for Renewal of Judgment before the 10-year anniversary. You can renew multiple times. Interest accrues at 10% per year on the unpaid balance. Renew on time, or the judgment expires and you lose enforcement rights.
Can I sue a city or government agency in California small claims?
You can sue a city or government agency in California small claims, but you must file a written claim under the Government Claims Act first. The deadline is 6 months from the incident for personal injury and property damage claims (Gov. Code §911.2), or 1 year for other claims. If the entity rejects the claim or does not act within 45 days, you can then file in small claims. Skip the claim and your case is barred.
Do I have to send a demand letter before filing in California?
You do not have to send a demand letter for most California small claims, but it is strongly recommended, and statute requires a 30-day certified notice for bad checks (Civ. Code §1719) and CLRA consumer claims (Civ. Code §1782). Send any demand by certified mail with return receipt. Keep the green card. Judges expect to see proof that you tried to resolve the dispute before filing.
What forms do I need to file in California small claims?
The forms you need to file in California small claims are SC-100 Plaintiff's Claim and Order to Go to Small Claims Court (the main filing form), SC-104 Proof of Service (filed after service), and FW-001 Request to Waive Court Fees (optional, if you cannot afford the fee). All are free fillable PDFs at courts.ca.gov. Add SC-100A if you have more than two plaintiffs or defendants.
Can I file California small claims online?
You can file California small claims online in some counties through certified electronic filing service providers (EFSPs) like One Legal or TurboCourt, which connect to the eFileCA / Tyler Odyssey system. Not all 58 counties accept small claims e-filings. Check your county Superior Court's website before assuming e-filing is available. Many filers still file in person or by mail.
Does California small claims have a jury?
California small claims does not have a jury. All hearings are bench trials before a judge or commissioner. If you want a jury trial, you cannot use small claims. You would have to file in the limited or unlimited civil division of the Superior Court, where formal civil procedure applies, attorneys are allowed, and you would request a jury.
What's the California security deposit penalty?
The California security deposit penalty is up to twice the deposit amount in addition to the actual deposit, awarded when a landlord acts in bad faith by retaining the deposit. Civil Code §1950.5 governs. The landlord must return the deposit (minus itemized lawful deductions) within 21 days of move-out. Sue in small claims if the landlord misses the deadline or wrongfully keeps the money.
20. When to call a lawyer (and disclaimer)
This guide is enough for most routine small claims cases: an unpaid invoice, a security deposit return, a fender-bender with a clear at-fault driver, a bad check, a lemon-law claim under the cap. The forms are free, the rules are designed for non-lawyers, and the Small Claims Advisor in every county can help you with procedure.
Call a lawyer when your case is near the cap and you might want to scale up to limited civil, when the statute of limitations is ambiguous, when you have an ongoing business relationship with the defendant, when the defendant is a government body and the Government Claims Act timing is tight, when there is fraud or alter-ego analysis that could pull in the owners of a corporation, or when you expect a hard collection fight (out-of-state debtor, multiple shell entities, prior bankruptcies). Lawyers cannot appear at the first hearing, but they can help you build your case, write your demand letter, and represent you on appeal.
For low-cost help in California, contact the Small Claims Advisor in your county (free, available in every county), the California State Bar's lawyer referral services, or your local legal aid office. Most counties have free clinics for low-income filers.
This guide is general legal information, not legal advice. Reading it does not create an attorney-client relationship. Laws change, and your case has facts this guide does not know. For advice specific to your situation, consult a California-licensed attorney.
This guide is general information about California small-claims procedure, not legal advice. CivilCase is not a law firm and does not represent you. Consult a licensed attorney in California for advice about your specific situation.