How much does it cost to file a small claims case in California?

What the Law Says

California law sets specific filing fees for small claims cases based on the amount claimed and the number of cases you’ve filed recently. The fee increases if you’ve filed two or more small claims cases in the prior 12 months.

The filing fee depends first on how much money you’re asking for. If your claim is for $1,500 or less, the fee is $30. If it’s more than $1,500 but not more than $5,000, the fee is $50. If it’s more than $5,000 but not more than $10,000, the fee is $75.

However, if you’ve already filed two or more small claims cases in the past 12 months, the fee goes up by $25 — so $55, $75, or $100, respectively.

You cannot file more than three small claims cases in a calendar year (January 1–December 31), unless you’re a business or government entity, which may file up to 12.

Statutory Text

The fee for filing a small claims case is thirty dollars ($30) if the claim is for one thousand five hundred dollars ($1,500) or less; fifty dollars ($50) if the claim is more than one thousand five hundred dollars ($1,500) but not more than five thousand dollars ($5,000); and seventy-five dollars ($75) if the claim is more than five thousand dollars ($5,000) but not more than ten thousand dollars ($10,000).

— Code of Civil Procedure, § 116.210(a) — Filing fees

Statutory Text

If a party has filed two or more small claims actions in the preceding 12 months, the fee shall be increased by twenty-five dollars ($25).

— Code of Civil Procedure, § 116.210(b) — Fee increase

What to Do

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