Filing Small Claims in California: A Step-by-Step Guide

Small claims is the fastest, cheapest way to sue for money in California, and the whole filing process is built to be done without a lawyer. This walkthrough is part of the California small claims court reference on limits, filing, and procedure. It covers the order of operations from confirming your case qualifies through getting the defendant served, with the current forms, fees, and deadlines linked to their official sources.

Before you file: confirm the case qualifies

Small claims handles money disputes only, and only up to a dollar limit. The court can order someone to pay you; it cannot order them to do something, undo a sale, or fix a defamation. Cases about title to real property, libel or slander, and requests for an injunction belong in a different division of the Superior Court.

The limit depends on who is suing. Under Cal. Code Civ. Proc. § 116.221, a person filing as an individual (including a sole proprietor) can ask for up to $12,500. A corporation, LLC, partnership, or other non-natural-person plaintiff is capped at $6,250 under Cal. Code Civ. Proc. § 116.220. These amounts have applied to claims filed on or after January 1, 2024.

A second cap limits how often you can bring larger cases. Cal. Code Civ. Proc. § 116.231 allows an unlimited number of claims for $2,500 or less, but no more than two claims over $2,500 in any one calendar year. Form SC-100 makes you certify, under penalty of perjury, that this case will not break that rule.

Claims against a city, county, or state agency carry an extra step. A written government claim has to go to the entity first within six months of when the claim arose for most injury and property cases, under Cal. Gov. Code § 911.2. The entity then has 45 calendar days to act on the claim under Cal. Gov. Code § 912.4; a rejection (or 45 days of inaction) opens the door to filing in court.

Pick the right court

You file in the county where the case properly belongs. Small claims uses the general civil venue rules in Cal. Code Civ. Proc. § 395, adapted for small claims by Cal. Code Civ. Proc. § 116.370. A case usually belongs in the county where one of the following is true:

• The defendant lives, or for a business, has its principal place of business
• A contract was signed or was meant to be carried out
• The injury or property damage happened
• For a consumer credit or installment contract, where the buyer signed or now lives

When more than one county fits, you choose among them. Filing in the wrong county gives the defendant grounds to ask for a transfer or dismissal. A dismissal for improper venue is without prejudice, so the case can be refiled in the right court, but the filing fee, service costs, and time already spent are not refunded.

Counties can also set local rules about which courthouse within the county hears small claims for a given area. The California Courts court locator tool returns the correct courthouse for any address.

Fill out form SC-100

Form SC-100, “Plaintiff’s Claim and Order to Go to Small Claims Court,” is the document that starts the case. It asks who is suing, who is being sued, how much, why, and which courthouse should hear it.

1. Name the parties using their legal names

   An individual sues in their own name. A business is named in the legal name of its owner with any “doing business as” name attached, or in the legal name of the corporation or partnership. Getting the defendant’s exact legal name right matters later: if the name on the judgment does not match the name on a bank account or paycheck, collecting becomes far harder. A plaintiff using a fictitious business name also files form SC-103.

2. State the amount and the reason

   Item 3 asks for the dollar amount and a short explanation of why it is owed. Specifics carry the claim: “$3,200 for unpaid invoices dated March 15 and April 10, 2025” tells the court what it needs, where “money owed for work” does not.

3. Identify the venue basis

   Item 4 asks which legal reason puts the case in this county: the defendant’s residence, where a contract was performed, where the injury happened, or another listed ground. The form requires an answer even when the reason is obvious.

4. Sign under penalty of perjury

   The plaintiff signs and dates the form, certifying both the claim and the filing-frequency cap. A false statement on the form can carry penalties under Cal. Penal Code § 118.

A plaintiff suing more than one defendant, joining co-plaintiffs, or adding extra detail uses form SC-100A as an attachment. The county’s free small claims advisor can confirm which attachments a particular case needs.

Pay the filing fee

The clerk collects the fee when the case is filed. Under Cal. Code Civ. Proc. § 116.230, the amount scales with the size of the claim, plus a higher rate for frequent filers. As of 2026:

• $30 for claims of $1,500 or less
• $50 for claims over $1,500 up to $5,000
• $75 for claims over $5,000 up to $12,500
• $100 for any plaintiff who has filed more than 12 small claims cases in California in the previous 12 months, whatever the claim size

These statewide fees are set by statute; current amounts by claim size are also covered in the breakdown of California small claims court filing fees. If you ask the clerk to serve the defendant by certified mail, that adds a $10 mailing fee per defendant under Cal. Code Civ. Proc. § 116.232.

A plaintiff who cannot afford the fee can apply for a waiver using form FW-001. The clerk reviews eligibility based on income, household size, and public-benefits status. Filing the waiver request together with form SC-100 keeps the case from being rejected for non-payment while the request is reviewed.

When the clerk accepts the filing, the case gets a number and a hearing date. Under Cal. Code Civ. Proc. § 116.330, the hearing is set not less than 20 and not more than 70 days after the clerk’s order, so it usually lands 30 to 70 days out. The clerk keeps the original SC-100, stamps it, and returns copies: one for your records and one for each defendant to be served.

Serve the defendant

A defendant who has not been properly served cannot be forced to appear, and a judgment entered without valid service cannot be enforced. Service is the formal delivery of the stamped claim that gives the court authority over the defendant. Cal. Code Civ. Proc. § 116.340 allows three methods:

• Certified mail through the clerk. The clerk mails the claim with return receipt requested. Service is complete on the date the defendant signs for it. The plaintiff pays a $10 fee per defendant.
• Personal service by a non-party. Any adult who is not part of the case can hand the papers to the defendant directly. This is often a sheriff, marshal, or registered process server; sheriff service typically costs $40 to $60.
• Substituted service. When the defendant cannot be reached in person, a copy can be left with a competent adult at the defendant’s home or workplace and then mailed, following Cal. Code Civ. Proc. § 415.20.

Whoever serves the papers then completes a proof-of-service form (SC-104, SC-104A, or SC-104B, depending on the method) stating who was served, when, where, and how. The plaintiff files that proof before the deadline. Corporations and LLCs are served through their registered agent on file with the California Secretary of State, not by handing papers to any employee.

After you file

Between filing and the hearing, both sides gather documents, line up witnesses, and may try to settle. The defendant can file their own claim (form SC-120) if they believe you owe them money; under Cal. Code Civ. Proc. § 116.360, that claim has to be served at least 5 days before the hearing in most cases.

If the defendant is properly served and still does not appear, the court can enter a default judgment, though you still have to show the judge the basics of your case. Winning is separate from getting paid. The court issues a judgment; collecting on it is a further process of liens, wage garnishment, or bank levies, covered in the guide to collecting a California small claims judgment. A defendant who loses can seek a new hearing on appeal, explained in how to appeal a small claims judgment in California.

One feature surprises many filers: attorneys are barred from representing either side at the small claims hearing under Cal. Code Civ. Proc. § 116.530. You can consult a lawyer before or after, but you present your own case in the room.