How to File a Small Claims Lawsuit in California (2026)
Reviewed by DocDraft Legal Team · California · Last updated September 15, 2026
California small claims court handles money disputes up to $12,500 for individuals and $6,250 for businesses under CCP §116.110-116.950. Filing fees are $30 to $75 by claim size. The statute of limitations is 4 years for written contracts and 2 years for oral.
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What is small claims court in California?
In California, small claims court handles disputes up to $12,500 for individuals and $6,250 for businesses. Filing fees range from $30 to $75 depending on claim size. The statute of limitations for written contracts is 4 years and for oral contracts 2 years. Filing happens at Superior Court Small Claims Division. No attorney is required.
How much does it cost to file a small claims lawsuit in California?
California filing fees are tiered: $30 for claims up to $1,500, $50 for claims up to $5,000, and $75 for claims up to $12,500. Service of process via sheriff costs about $40-60 extra. Fee waivers are available for low-income filers via form FW-001.
Do I need a lawyer for small claims court in California?
No. California small claims court is designed for self-represented parties. In fact, attorneys cannot represent parties at the actual hearing under CCP §116.530, though you can consult an attorney before or after the hearing. This makes it the most accessible legal forum in the state.
How long do I have to sue someone in California small claims court?
California's statute of limitations varies by claim type: 4 years for written contracts (CCP §337), 2 years for oral contracts (CCP §339), 3 years for property damage (CCP §338), and 4 years for unpaid debt. Personal injury claims must be filed within 2 years (CCP §335.1).
California small claims at a glance
California raised its individual small claims limit from $10,000 to $12,500 in 2024 (SB 555), but kept the corporate limit at $6,250. meaning if you're a sole proprietor suing a corporation for $10,000, you can sue for the full amount but the corporation can only be sued for half. Defendants in California small claims cannot be represented by attorneys at the hearing under CCP §116.530, though plaintiffs may consult counsel beforehand. The California Courts Self-Help Center at courts.ca.gov/smallclaims is the canonical procedural resource. California also requires a pretrial settlement conference in some counties, which Texas and most other states do not.
Filing cost example: $8,000 wage claim
Suppose you're owed $8,000 for unpaid wages. The statute of limitations for written contracts in California is 4 years (CCP §337), so you must file within 4 years of the breach. Filing fee at Superior Court Small Claims Division is $50 (claims up to $5,000 are $30; $5,000-$12,500 are $50). Service via sheriff adds about $40. After winning, post-judgment interest accrues at 10% per year (CCP §685.010). If the defendant pays in 30 days, you collect the full $8,000 plus filing and service fees. If unpaid for 1 year, you're owed approximately $8,800.
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Relevant Documents
Billing Dispute Letter
A formal letter to the company or service provider detailing the nature of the billing dispute, including specific charges being contested, reasons for the dispute, and requested resolution. This document establishes a paper trail of your dispute attempt.
Promissory Note
This document is your written promise to repay the loan according to specific terms. It's often simpler than the full loan agreement but creates a legally binding obligation to repay the borrowed funds.
Wage Withholding Order
This document directs an employer to withhold child support or spousal support payments from a spouse's paycheck.
Local Courthouses
Stanley Mosk Courthouse (Los Angeles County Superior Court)
111 N Hill St, Los Angeles, CA 90012 · (213) 633-0631
San Francisco Superior Court. Civic Center Courthouse
400 McAllister St, San Francisco, CA 94102 · (415) 551-4000
Santa Clara County Superior Court. Downtown Superior Court
191 N 1st St, San Jose, CA 95113 · (408) 882-2700
San Diego Superior Court. Hall of Justice
330 W Broadway, San Diego, CA 92101 · (619) 450-7170
Relevant Laws
California Code of Civil Procedure §116.110-116.950
Governs small claims procedure including jurisdiction, claim limits, parties, filing requirements, service, hearings, and judgments.
California Code of Civil Procedure §337-339 (Statute of Limitations)
Sets the 4-year SOL for written contracts (§337) and 2-year SOL for oral contracts (§339).
California Courts Self-Help Center. Small Claims
Official California Courts portal for small claims forms, fee schedules, and procedural guidance. Includes form SC-100 (complaint), SC-104 (proof of service), and FW-001 (fee waiver).
California Code of Civil Procedure §685.010 (Post-Judgment Interest)
Sets the post-judgment interest rate at 10% per year on unpaid small claims judgments.
Regional Variances
Statute of Limitations for Common Claims in California
Written contract
4 years (Cal. Code Civ. Proc. §337)
Oral contract
2 years (Cal. Code Civ. Proc. §339)
Property damage
3 years (Cal. Code Civ. Proc. §338)
Personal injury
2 years (Cal. Code Civ. Proc. §335.1)
Debt collection
4 years (Cal. Code Civ. Proc. §337)
Suggested Compliance Checklist
Send demand letter (recommended)
30 days before filing days after startingSend a formal written demand to the defendant. Use certified mail with return receipt. Keep proof.
Verify claim is within $12,500 limit
Before filing days after startingIndividual cap is $12,500. Business cap is $6,250. Reduce claim if needed (waive the excess to stay in small claims).
Gather evidence
Before filing days after startingCollect contracts, receipts, communications, photos, witness contacts. Make 3 copies of every document.
File SC-100 at Superior Court Small Claims Division
Within 4-year SOL (written contract) days after startingComplete form SC-100. File at the county where defendant lives or contract was performed. Pay $30-$75 filing fee.
Serve defendant per CCP §415.10
At least 15 days before hearing days after startingHire sheriff (~$40-60) or registered process server. File form SC-104 (proof of service) before the hearing.
Attend hearing with all evidence and witnesses
30-70 days after filing days after startingHearings are public and informal. No attorneys at hearing. Bring 3 copies of every document. Judge typically rules from the bench.
| Task | Description | Document | Days after starting |
|---|---|---|---|
| Send demand letter (recommended) | Send a formal written demand to the defendant. Use certified mail with return receipt. Keep proof. | demand-letter | 30 days before filing |
| Verify claim is within $12,500 limit | Individual cap is $12,500. Business cap is $6,250. Reduce claim if needed (waive the excess to stay in small claims). | - | Before filing |
| Gather evidence | Collect contracts, receipts, communications, photos, witness contacts. Make 3 copies of every document. | - | Before filing |
| File SC-100 at Superior Court Small Claims Division | Complete form SC-100. File at the county where defendant lives or contract was performed. Pay $30-$75 filing fee. | - | Within 4-year SOL (written contract) |
| Serve defendant per CCP §415.10 | Hire sheriff (~$40-60) or registered process server. File form SC-104 (proof of service) before the hearing. | - | At least 15 days before hearing |
| Attend hearing with all evidence and witnesses | Hearings are public and informal. No attorneys at hearing. Bring 3 copies of every document. Judge typically rules from the bench. | - | 30-70 days after filing |
Frequently Asked Questions
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How to Respond to a Lawsuit in California: Answer a Summons (2026)
How to Break a Lease in California Legally (2026)
How to Serve a Notice to Vacate in California (2026)
How to Hire a New Employee in California (2026)
How to File for Divorce in California (2026)
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