California Small Claims Court (2026): Limit, Fees and How to File
How small claims court works in California: the dollar limit, filing fees, serving the other side, the hearing, appeals and collecting your money — each answer linked to the court rule or statute.
Quick answers for California
- Small claims limit
- $12,500 for a natural person (including a sole proprietor); $6,250 for a business or public entity. No one may file more than two small claims cases for over $2,500 each in a calendar year. Cal. Code Civ. Proc. § 116.110 et seq.; Judicial Council form SC-100-INFO (Rev. Jan. 1, 2024)
- Filing fee
- $30 for claims up to $1,500; $50 for over $1,500 up to $5,000; $75 for over $5,000 up to $12,500; $100 if you have filed more than 12 small claims in the past 12 months. Fee waivers are available for people on public benefits, below an income level, or who cannot pay and meet basic needs. California Courts Self-Help Guide, File your small claims forms
- Are lawyers allowed?
- No. You may get advice from a lawyer before court, but a lawyer cannot represent either party at the small claims trial. Lawyers are generally allowed after judgment and on appeal. Judicial Council form SC-100-INFO; California Courts Self-Help Guide
- Appeals
- A party who was sued, attended the trial and was ordered to pay can appeal. The plaintiff cannot appeal a loss on their own claim. The appeal must be filed within 30 days after the Notice of Entry of Judgment is handed over or mailed, and it is a new trial before a different judge, at which both sides may have lawyers. A party who missed the trial may instead ask to vacate the judgment. California Courts Self-Help Guide, Pay or appeal
Court: Superior Court (small claims division). Last verified: 2026-10-24.
How to file a small claims case in California
- Ask the other side to pay (or return the property) before filing; this demand is required if possible.
- Check that your claim is within the limit ($12,500 for individuals, $6,250 for businesses) and that you file in the correct county and court location.
- Fill out the Plaintiff's Claim and ORDER to Go to Small Claims Court (form SC-100) and file it with the fee ($30 to $100) or a fee waiver request.
- Have an adult who is not part of the case, a sheriff or marshal, or the clerk by certified mail serve the defendant at least 15 days before trial (20 days if outside the county), and file the Proof of Service (SC-104).
- Prepare your evidence and witnesses; ask the court's free small claims advisor for help if needed, and request an interpreter early if you need one.
- Attend the trial and present your case yourself; lawyers cannot represent parties at the small claims trial.
- After the Notice of Entry of Judgment, a losing defendant has 30 days to appeal for a new trial.
- If you win and are not paid after the appeal period, use the debtor's statement of assets, a debtor examination and enforcement tools to collect.
Can you use small claims court?
| Small claims limit | $12,500 for a natural person (including a sole proprietor); $6,250 for a business or public entity. No one may file more than two small claims cases for over $2,500 each in a calendar year. A plaintiff with a larger claim may give up the excess and sue in small claims. Different limits apply in suits against a guarantor (CCP § 116.220(c)). |
|---|---|
| Who can file | You must be at least 18 (a minor may ask the court to appoint a guardian ad litem). The plaintiff generally must be the original owner of the claim, so a buyer of an assigned claim (such as a debt buyer) cannot sue in small claims. A corporation or other entity appears through an employee, officer or director, with an Authorization to Appear (form SC-109). The plaintiff must first ask the defendant to pay, if possible. |
| Are lawyers allowed? | No. You may get advice from a lawyer before court, but a lawyer cannot represent either party at the small claims trial. Lawyers are generally allowed after judgment and on appeal. |
Filing your case
| Where to file | Where the defendant lives or the business involved is located; where the damage or accident happened; where the contract was signed or carried out; if the defendant is a corporation, where the contract was broken; or special locations for retail installment and vehicle finance contracts. A case filed in the wrong place is dismissed unless all defendants appear and agree. |
|---|---|
| Official forms | Start a California small claims case with form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court. Attachments include SC-100A (Other Plaintiffs or Defendants), SC-103 (Fictitious Business Name) and SC-101 (Attorney Fee Dispute After Arbitration); your court may also require local forms. The courts' free Guide & File app asks questions and fills out the forms for you to print. |
| Filing fee | $30 for claims up to $1,500; $50 for over $1,500 up to $5,000; $75 for over $5,000 up to $12,500; $100 if you have filed more than 12 small claims in the past 12 months. Fee waivers are available for people on public benefits, below an income level, or who cannot pay and meet basic needs. |
| Filing online | Some courts offer online filing; otherwise forms can be filed in person or by mail. |
| Serving the defendant | You cannot serve the papers yourself. Service may be by a sheriff or marshal (fee charged), by any adult who is not a party (personal service), by substituted service (left with an adult at home or work plus a mailed copy; complete 10 days after mailing), or by certified mail sent by the clerk ($15, in courts that offer it). Service must be completed at least 15 days before trial (20 days if the defendant lives outside the county), and the Proof of Service (SC-104) should be filed at least 5 days before the hearing. |
Before and at the hearing
| When the hearing happens | The trial is typically scheduled about 1 to 2 months after filing. A Request to Postpone Trial (form SC-150) costs $10. |
|---|---|
| Does the defendant file an answer? | The court's self-help materials describe no written answer for the defendant; the defendant comes to the trial ready to present a defense. A defendant who does not appear risks having the judge decide without their input. |
| Counterclaims | A defendant may file a Defendant's Claim (form SC-120), subject to the same $6,250 or $12,500 limits. It must be served on the plaintiff at least 5 days before trial (at least 1 day before if the defendant received the claim 10 days or less before trial). If a related defendant's claim exceeds the limit, the defendant may either give up the excess or file in the appropriate civil court and move to transfer the plaintiff's claim there. |
| Mediation | Each county must provide free small claims advisor help. The courts' self-help guide points to local mediation programs listed by the California Department of Consumer Affairs. Mediation is voluntary and varies by court. |
| Interpreters | Court interpreters are provided free of charge. Ask the clerk as soon as possible using form INT-300 or a local form; you cannot bring your own interpreter unless the court approves the interpreter as certified, registered or provisionally qualified. |
After the decision
| Appeals | A party who was sued, attended the trial and was ordered to pay can appeal. The plaintiff cannot appeal a loss on their own claim. The appeal must be filed within 30 days after the Notice of Entry of Judgment is handed over or mailed, and it is a new trial before a different judge, at which both sides may have lawyers. A party who missed the trial may instead ask to vacate the judgment. |
|---|---|
| Collecting your judgment | The court does not collect for you. Collection is postponed until the 30-day appeal period ends. If the debtor does not pay, the debtor should send a Judgment Debtor's Statement of Assets (form SC-133) showing property, employer and bank; the creditor can also ask for a court date where the debtor must answer questions about earnings and property. |
Deadline to sue
4 years for an action on a contract founded on a written instrument, such as a written lease. 2 years for a contract not founded on a written instrument, such as an oral lease. Cal. Code Civ. Proc. § 337(a); § 339(1)
Official forms and help
Suing a landlord or tenant in California
Tenants commonly sue for return of a security deposit and landlords for unpaid rent or damage within the $12,500/$6,250 limits. As of October 1, 2025, a landlord cannot sue in small claims for COVID-19 rental debt above $12,500. Evictions are separate unlawful detainer cases, not small claims.
- California security deposit demand letter (send before you sue)
- California security deposit law
- Tenant lawyers and free legal aid in California
California small claims FAQ
What is the small claims limit in California?
$12,500 for a natural person (including a sole proprietor); $6,250 for a business or public entity. No one may file more than two small claims cases for over $2,500 each in a calendar year.
Who can file a small claims case in California?
You must be at least 18 (a minor may ask the court to appoint a guardian ad litem). The plaintiff generally must be the original owner of the claim, so a buyer of an assigned claim (such as a debt buyer) cannot sue in small claims. A corporation or other entity appears through an employee, officer or director, with an Authorization to Appear (form SC-109). The plaintiff must first ask the defendant to pay, if possible.
Can you bring a lawyer to small claims court in California?
No. You may get advice from a lawyer before court, but a lawyer cannot represent either party at the small claims trial. Lawyers are generally allowed after judgment and on appeal.
Where do I file a small claims case in California?
Where the defendant lives or the business involved is located; where the damage or accident happened; where the contract was signed or carried out; if the defendant is a corporation, where the contract was broken; or special locations for retail installment and vehicle finance contracts. A case filed in the wrong place is dismissed unless all defendants appear and agree.
How much does it cost to file in small claims court in California?
$30 for claims up to $1,500; $50 for over $1,500 up to $5,000; $75 for over $5,000 up to $12,500; $100 if you have filed more than 12 small claims in the past 12 months. Fee waivers are available for people on public benefits, below an income level, or who cannot pay and meet basic needs.
How do I serve the other side in a California small claims case?
You cannot serve the papers yourself. Service may be by a sheriff or marshal (fee charged), by any adult who is not a party (personal service), by substituted service (left with an adult at home or work plus a mailed copy; complete 10 days after mailing), or by certified mail sent by the clerk ($15, in courts that offer it). Service must be completed at least 15 days before trial (20 days if the defendant lives outside the county), and the Proof of Service (SC-104) should be filed at least 5 days before the hearing.
How long does a small claims case take in California?
The trial is typically scheduled about 1 to 2 months after filing.
Does a defendant have to file an answer in California small claims court?
The court's self-help materials describe no written answer for the defendant; the defendant comes to the trial ready to present a defense. A defendant who does not appear risks having the judge decide without their input.
Can the defendant file a counterclaim in California small claims court?
A defendant may file a Defendant's Claim (form SC-120), subject to the same $6,250 or $12,500 limits. It must be served on the plaintiff at least 5 days before trial (at least 1 day before if the defendant received the claim 10 days or less before trial). If a related defendant's claim exceeds the limit, the defendant may either give up the excess or file in the appropriate civil court and move to transfer the plaintiff's claim there.
Can you appeal a small claims decision in California?
A party who was sued, attended the trial and was ordered to pay can appeal. The plaintiff cannot appeal a loss on their own claim. The appeal must be filed within 30 days after the Notice of Entry of Judgment is handed over or mailed, and it is a new trial before a different judge, at which both sides may have lawyers. A party who missed the trial may instead ask to vacate the judgment.
How do I collect a small claims judgment in California?
The court does not collect for you. Collection is postponed until the 30-day appeal period ends. If the debtor does not pay, the debtor should send a Judgment Debtor's Statement of Assets (form SC-133) showing property, employer and bank; the creditor can also ask for a court date where the debtor must answer questions about earnings and property.
Is mediation required in California small claims court?
Each county must provide free small claims advisor help. The courts' self-help guide points to local mediation programs listed by the California Department of Consumer Affairs.
Can I file a small claims case online in California?
Some courts offer online filing; otherwise forms can be filed in person or by mail.
Can I get an interpreter in California small claims court?
Court interpreters are provided free of charge. Ask the clerk as soon as possible using form INT-300 or a local form; you cannot bring your own interpreter unless the court approves the interpreter as certified, registered or provisionally qualified.
Where can I get small claims court forms in California?
Start a California small claims case with form SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court. Attachments include SC-100A (Other Plaintiffs or Defendants), SC-103 (Fictitious Business Name) and SC-101 (Attorney Fee Dispute After Arbitration); your court may also require local forms. The courts' free Guide & File app asks questions and fills out the forms for you to print.
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