A landlord kept your deposit, a contractor walked off the job, a dry cleaner ruined your coat. In California you can sue for up to $12,500 in the Small Claims Division of the Superior Court, without hiring a lawyer. Check your case below, then follow six steps.
Answer a few questions. The result updates as you type.
California requires you to ask the other side to pay before you file, where you reasonably can. A short, dated demand letter is the best proof. Use the generator below and keep a copy.
Usually the county where the defendant lives or does business, where the contract was signed, or where the damage happened. Use the defendant's exact legal name.
Plaintiff's Claim and Order to Go to Small Claims Court. About 1 to 2 months after you file.
$30 for claims up to $1,500, $50 up to $5,000, and $75 above that ($100 if you filed more than 12 small claims in the past 12 months). Serving the papers costs extra. If you can't afford it, ask for a fee waiver: Request to Waive Court Fees (form FW-001).
You cannot hand the papers over yourself. Use the sheriff, an adult who isn't part of the case, a process server, or certified mail through the clerk, then file a Proof of Service (form SC-104). At least 15 days before the hearing, or 20 days if the defendant lives in another county.
Bring receipts, photos, texts, the contract and your demand letter, with three copies of each. The court doesn't collect for you. If they don't pay, you can use wage garnishment or a bank levy.
Want every detail? The full filing guide walks you through all 7 stages, from finding the defendant's legal name to collecting your money, with a checklist.
Open the filing guideFill in the details, then download the letter as a PDF or Word file, or copy the text. Send it by certified mail or email so you can prove the date.
Miss this date and the court will dismiss your case, however strong it is. Some deadlines start later if the harm was discovered later.
| Type of claim | Deadline |
|---|---|
| Broken written contract (lease, invoice, signed agreement) | 4 years |
| Broken verbal agreement | 2 years |
| Damaged property | 3 years |
| Personal injury | 2 years |
| Fraud | 3 years |
| Libel or slander | 1 year |
| Claims against a government agency | Before suing a city, county or state agency you must first file a written claim with that agency, usually within 6 months. |
Not at the hearing. You can get advice from a lawyer beforehand, and every county offers a free small claims advisor.
People and sole proprietors can sue for up to $12,500; businesses and public entities for up to $6,250. You can file any number of claims up to $2,500, but only two claims over $2,500 per calendar year. Otherwise, you can give up the amount above the limit, or file a regular civil case where the rules are stricter.
If you filed the case and lost, the decision is final. If you were sued and lost, you can appeal within 30 days using form SC-140, and a different judge hears the case again from scratch.
Ask the court for one with form INT-300. If none is available, you can bring someone to interpret who isn't a witness in your case.