Small Claims

Filing a small claims case in California costs $30–$100, depending on the claim amount and whether you’ve filed other small claims cases in the past 12 months.

No, you are not required to try mediation before filing in California small claims court, but the court may refer your case to mediation after filing.

You file a small claims case in California by completing Form SC-100, paying the filing fee (ranging from $30 to $75 depending on claim amount), and submitting it to the correct county courthouse where the defendant lives or does business.

As of 2024, the maximum you can sue for in California small claims court is $12,500 if you are an individual or sole proprietor; $6,250 if you are a corporation or LLC.

No, a corporation cannot sue in California small claims court — only individuals, partnerships, and unincorporated associations may file claims.

In California, you can bring civil cases for money damages up to $12,500 (or $6,250 if you’re a business or government entity), including disputes over contracts, property damage, personal injury, and unpaid debts — but not divorce, name changes, bankruptcy, or cases seeking injunctions or custody.

Generally, no—you cannot sue a government agency in California small claims court because most agencies are immune from such suits, and small claims court lacks jurisdiction over them.

Yes, you can sue your landlord in California small claims court for failing to return your security deposit or provide an itemized statement within 21 days after moving out.

No, you generally cannot have a lawyer represent you in California small claims court — you must appear and argue your own case.

Yes, you can transfer a small claims case to regular civil court in California — but only before the hearing starts and only if you file a request with the court and pay a $15 fee.

A 'motion to vacate judgment' in California small claims court is a formal request to cancel a judgment that was entered against you, usually because you didn’t receive proper notice or had a valid excuse for missing the hearing.

In California small claims court, you must serve the defendant personally, by mail with acknowledgment, or (in some cases) by substituted service — and you must file proof of service before your hearing date.

If the defendant doesn’t show up to a California small claims hearing, the judge may enter a default judgment in favor of the plaintiff — meaning the plaintiff wins automatically, usually for the amount claimed (up to $12,500).

Bring clear, relevant evidence like contracts, receipts, photos, text messages, and witness statements — all in original or certified copies. California law requires evidence to be admissible and properly authenticated.

Most small claims cases in California are resolved within 60 to 70 days from filing to hearing, though delays can extend this to several months.

Yes, you can appeal a small claims court decision in California, but only the defendant may appeal — the plaintiff cannot. The appeal must be filed within 30 days and results in a new trial in superior court.

If you win but the defendant refuses to pay, you must enforce the judgment yourself using legal tools like wage garnishment, bank levies, or property liens — California does not automatically collect for you.

After winning a small claims judgment in California, you must enforce it yourself using tools like wage garnishment, bank levies, or property liens — the court does not collect for you.

Yes, you can sue for breach of an oral contract in California small claims court, as long as the claim is for $12,500 or less and the contract is legally enforceable.

Yes, you can sue your neighbor for property damage or nuisance in California small claims court if your claim is $12,500 or less (or $6,250 if you’re a corporation or LLC).

If the defendant files a claim against you in the same case, it’s called a cross-complaint—and you must respond within 30 days after service, or risk a default judgment.

Yes, you can use California small claims court for a car accident claim if your damages are $12,500 or less (or $6,250 if you're a corporation or LLC).

In California, the statute of limitations for most small claims cases is 2 years for personal injury or property damage, 3 years for written contracts, and 4 years for oral contracts — but the deadline depends on the type of claim.

No, in California small claims court, you generally cannot have someone else represent you — you must appear in person or by videoconference if allowed. Only very limited exceptions exist, such as for active-duty military members.