California small claims court is a streamlined civil court for disputes under a set dollar limit. Individuals can sue for up to $12,500 and businesses (corporations, LLCs, partnerships) for up to $6,250 under Cal. Civ. Proc. Code § 116.220. Lawyers are not allowed at the hearing — parties must represent themselves — which keeps the process fast, cheap, and accessible. Filing fees range from about $30 to $75 depending on the amount sued for and the plaintiff's filing history. Hearings are usually scheduled within 30–70 days of filing. Only the defendant can appeal — the plaintiff loses appeal rights in exchange for the informal process.
| Governing law | Small Claims Act — Cal. Civ. Proc. Code §§ 116.110–116.950 |
|---|---|
| Individual limit | $12,500 per claim (raised by SB 1145) |
| Business limit | $6,250 per claim (corp, LLC, partnership) |
| Filings per year (over $2,500) | Max 2 claims per calendar year over $2,500 |
| Filings per year (under $2,500) | Unlimited |
| Lawyers at hearing | Prohibited — parties must represent themselves |
| Filing fee | $30 (claims < $1,500) · $50 (< $5,000) · $75 (> $5,000) |
| Where to file | County where defendant lives, works, or where incident occurred |
| Hearing scheduling | Typically 30–70 days after filing |
| Right to appeal | Defendant only — plaintiff cannot appeal |
| Judgment enforceability | 10 years, renewable |
| Interest on judgment | 10% per year until paid |
Dollar limits (individual vs business)
California small claims court has different dollar limits depending on who is suing:
| Plaintiff type | Maximum claim | Statute |
|---|---|---|
| Individual (natural person) | $12,500 | Cal. Civ. Proc. Code § 116.221 |
| Sole proprietorship (person's business) | $12,500 | § 116.221 |
| Corporation, LLC, partnership, or other entity | $6,250 | § 116.220(a)(1) |
| Personal injury from motor vehicle accident | $7,500 (in most cases) | § 116.220 |
Frequency limit for larger claims. An individual can file only two small claims cases per calendar year asking for more than $2,500 (Cal. Civ. Proc. Code § 116.231). There is no limit on how many claims under $2,500 you can file.
The dollar limits are for the amount you are asking the court to award. You can waive part of a larger claim to fit within the limit (giving up the excess), but you cannot split one claim into multiple small claims cases.
No lawyers at the hearing
Cal. Civ. Proc. Code § 116.530 prohibits attorneys from representing parties at the small claims hearing itself. Both plaintiff and defendant must represent themselves. This rule serves multiple purposes:
- Keeps the process fast and cheap.
- Makes the court accessible to ordinary people.
- Prevents one side from gaining a structural advantage by hiring counsel.
Attorneys can help you prepare for a small claims case (advising on evidence, coaching your presentation), but cannot appear with you or speak for you at the hearing. Businesses can send an employee, officer, or director — but not an attorney — to represent them.
Exceptions
Very limited exceptions exist: attorneys can appear in their own personal cases, in appeals of small claims judgments, and in certain evictions with small claims-adjacent process.
Where to file (venue)
Under Cal. Civ. Proc. Code § 116.370, you generally file your small claims case in the county where:
- The defendant lives, or
- The defendant conducts business (for business defendants), or
- The incident giving rise to the claim occurred, or
- The contract was signed or was to be performed, or
- (For personal injury) where the injury occurred.
Filing in the wrong venue is grounds for the defendant to have the case dismissed or moved. If multiple venues apply, choose the most convenient — but be mindful that filing in a venue substantially inconvenient for the defendant creates a valid transfer motion.
Filing process step-by-step
- Send a demand letter first. California courts want you to have made a reasonable attempt to resolve the dispute before filing. A written demand letter also strengthens your case.
- Complete Form SC-100 (Plaintiff's Claim and Order to Go to Small Claims Court) at the courthouse or online.
- Pay the filing fee: $30 for claims under $1,500, $50 for $1,500–$5,000, $75 for over $5,000. Frequent filers (12+ claims in the prior year) pay $100.
- Serve the defendant — critical (see next section).
- Attend the hearing — typically scheduled 30–70 days after filing.
Fee waivers are available for low-income filers under Cal. Gov. Code § 68632.
Serving the defendant
You cannot serve the defendant yourself. Someone at least 18 years old who is not a party to the case must serve them. Common methods:
- Personal service (most reliable) — a process server or friend hands the papers to the defendant.
- Substituted service — leave with an adult at the defendant's home or business, then mail a copy.
- Service by mail — the court clerk can serve by certified mail with return receipt (limited effectiveness because defendant must sign for it).
- Sheriff service — file service through the county sheriff (typically $40).
Service must be completed at least 15 days before the hearing (20 days if serving outside the county). Proof of service (Form SC-104) must be filed with the court.
Preparing for the hearing
Small claims judges decide cases quickly — typically 5–20 minutes per case. Preparation matters:
- Organize your evidence chronologically. Bring 3 copies (one for you, one for the defendant, one for the judge).
- Bring witnesses if needed. Witnesses can testify in person; written witness statements are also admissible in small claims.
- Prepare a concise oral summary: what happened, what you're owed, and why. Under 3 minutes.
- Have documentary evidence ready: contracts, receipts, photos, texts, emails, repair estimates.
- Calculate your damages precisely. Come with a written breakdown.
- Anticipate the defense. What will the other side say? Have a rebuttal.
What happens at the hearing
Small claims hearings are informal:
- No juries; a judge or commissioner hears the case.
- Both sides present their evidence and testimony.
- The judge asks questions.
- The judge either announces the decision at the end of the hearing (bench ruling) or takes it under submission and issues a written decision later.
Judgments are usually mailed within a few days. The winning party receives Form SC-130 (Notice of Entry of Judgment).
Appeals (defendant only)
Under Cal. Civ. Proc. Code § 116.710, only the defendant can appeal a small claims judgment. The plaintiff has no right of appeal — a tradeoff for the informal, no-lawyers process.
Defendant's appeal
- Must be filed within 30 days of the entry of judgment.
- Filed with the Superior Court.
- Fee is $75 plus a possible bond requirement.
- The appeal is a completely new trial (trial de novo) — the case is heard again from scratch in front of a Superior Court judge.
- Attorneys are allowed on appeal, unlike at the original hearing.
If the defendant loses again on appeal, the plaintiff may be entitled to additional attorney fees (up to $150) and other costs.
Collecting your judgment
Winning your case is only the first step — the court doesn't automatically make the defendant pay. Collection tools:
- Wage garnishment (Form WG-005) — up to 25% of the defendant's earnings above the federal minimum wage.
- Bank levy (Form EJ-152) — freeze and take money from the defendant's bank account.
- Property lien — record an Abstract of Judgment (Form EJ-001) against real property in the county.
- Vehicle levy — sheriff seizes and sells the debtor's vehicle.
- Till tap or keeper — sheriff collects cash from a debtor's business.
Judgments earn interest at 10% per year until paid. Judgments are enforceable for 10 years and can be renewed.
Common types of California small claims cases
- Security deposit disputes — landlord failed to return deposit within 21 days or made improper deductions.
- Breach of contract — services not delivered, product not delivered, work not paid for.
- Property damage — minor auto accidents, fence damage, neighbor disputes.
- Unpaid loans and invoices — freelance work not paid, personal loans not repaid.
- Consumer disputes — defective products, botched repairs, refund refusals.
- Recovery of personal property — items lent and not returned.
- Wage disputes under $12,500 (often better filed with California Labor Commissioner).
State agency contact
California Courts — Small Claims Self-Help Center
Statewide judicial branch self-help resource for small claims filers
Compared to neighboring states
Related California laws
Related comparisons
Related guides
Recent changes
- January 1, 2024SB 1145 raised the individual small claims limit from $10,000 to $12,500 and the business limit from $5,000 to $6,250.
- July 1, 2020COVID-era relief extended some small claims deadlines and allowed remote hearings; permanent remote-hearing rules under Cal. R. Ct. 3.812 continue in many counties.
- 2011The individual limit was raised from $7,500 to $10,000.
Need advice on your specific California situation?
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Sources
Primary sources
- Cal. Civ. Proc. Code §§ 116.110–116.950. The California Small Claims Act. https://leginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=CCP
- Cal. Civ. Proc. Code § 116.220. Jurisdictional dollar limits. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=116.220
- Cal. Civ. Proc. Code § 116.530. Prohibition on lawyers at hearing. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP§ionNum=116.530
- California Courts Small Claims Self-Help. The statewide judicial branch guide. https://selfhelp.courts.ca.gov/small-claims
- Judicial Council Small Claims Forms (SC-100 et seq.). The official filing forms. https://www.courts.ca.gov/forms.htm?filter=SC