How does small claims court work in California?
1. Jurisdictional Limit
Under Cal. Civ. Proc. Code § 116.221, individuals may sue for up to $12,500. Corporations, LLCs, and other entities are capped at $6,250 per § 116.220(a). Plaintiffs are limited to two claims over $2,500 per calendar year statewide.
2. Court Name
The Small Claims Division operates within the Superior Court of each county.
3. Filing Fee
Fees scale with claim size: $30 (up to $1,500), $50 ($1,500-$5,000), $75 (over $5,000). Fee waivers are available via Form FW-001 for low-income filers under California Rules of Court 3.50-3.58.
4. Filing the Claim
File Form SC-100 in the county where the defendant lives, where the contract was performed, or where the injury occurred (Cal. Civ. Proc. Code § 116.370). Service must be completed at least 15 days before the hearing (20 days if defendant is out-of-county) via sheriff, certified mail with return receipt, or a non-party adult.
5. Defendant's Response
No formal written answer is required. Defendants may file a Defendant's Claim (Form SC-120) for counterclaims up to the same limits. Failure to appear results in default judgment.
6. Attorney Representation
Cal. Civ. Proc. Code § 116.530 prohibits attorneys from representing parties at the initial hearing. Corporations must appear through a regular employee, officer, or director — not outside counsel.
7. Hearing
Hearings are informal; the Evidence Code does not strictly apply. Many courts offer pre-hearing mediation. Bring documents, photos, witnesses, and a one-page summary.
8. Judgment & Collection
Defendants may appeal to Superior Court for a trial de novo within 30 days (§ 116.710); plaintiffs cannot appeal their own claim. Collection tools include wage garnishment (EJ-130), bank levy, and abstract of judgment recorded with the county recorder.
9. Statute of Limitations
Same as regular court: 4 years for written contracts (CCP § 337), 2 years for oral contracts (§ 339), 3 years for property damage (§ 338), and 2 years for personal injury (§ 335.1).
This is legal information, not legal advice.
- Your claim exceeds $12,500 and you need to decide between small claims, limited civil, or unlimited civil court
- The defendant has filed a counterclaim alleging serious wrongdoing or seeking damages above the small claims limit
- You need to appeal an adverse judgment and present the case de novo in Superior Court
- Cal. Civ. Proc. Code §§ 116.110-116.950
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.