What is the small claims limit in California?
California small claims court is governed by Code of Civil Procedure § 116.110 et seq.
1. Monetary Limit — CCP § 116.220 sets the limit at $12,500 for individuals (natural persons) and $7,500 for businesses, partnerships, corporations, and other entities. A plaintiff may not file more than two claims over $2,500 in any calendar year statewide.
2. Filing Fee — Sliding scale under CCP § 116.230: $30 for claims up to $1,500, $50 for $1,500-$5,000, and $75 for $5,000-$12,500. Frequent filers (more than 12 in a year) pay $100. Fee waivers are available for low-income litigants under Form FW-001.
3. Lawyers — CCP § 116.530 prohibits attorneys from representing parties at the initial small claims hearing. Lawyers may give pre-hearing advice and may appear on appeal (heard de novo in superior court).
4. Statute of Limitations — Same as regular civil cases: 2 years for oral contracts and personal injury (CCP § 339), 4 years for written contracts (CCP § 337), 3 years for property damage (CCP § 338).
5. Where to File — Superior Court small claims division in the county where (a) the defendant lives or does business, (b) the contract was signed or performed, (c) the injury occurred, or (d) the property is located.
6. Service — Defendant must be served at least 15 days before the hearing (20 days if served outside the county). Service may be by sheriff, registered process server, certified mail (clerk-mailed), or any non-party adult.
7. Appeal Rights — Only the defendant may appeal (CCP § 116.710). Appeal must be filed within 30 days of judgment and is heard de novo in the superior court. Plaintiffs cannot appeal but can file a motion to vacate.
This is legal information, not legal advice.
- Claim exceeds small claims limit
- Defendant counter-sues for higher amount
- Complex contract or business dispute
- Cal. Civ. Proc. Code § 116.220
- Cal. Civ. Proc. Code § 116.230
- Cal. Civ. Proc. Code § 116.530
- Cal. Civ. Proc. Code § 116.710
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.