California small claims court regularly hears security deposit, unpaid wage and home contractor disputes, and a person can sue for up to $12,500 under Cal. Civ. Proc. Code § 116.221. Filing costs $30, $50 or $75, depending on the size of the claim.
By the founder of SmallClaimsHelper
Security deposits, unpaid wages and contractor disputes all fit in California small claims court as long as a person's claim is $12,500 or less, but each one turns on a different rule.
This post covers what you have to show in each of the three case types, what you can ask for, and when another route may suit you better. It also covers the limit, the fee and the time limits that apply, plus what happens if you lose.
1. Which disputes come up most in California small claims court?
The California courts' self-help site names security deposits, home improvement contractors and unpaid wages among the common small claims issues, alongside car repair, bad checks and moving companies. All three share the same basic limit and fee, but what wins each one is different.
Here's how they compare. The time limits assume your claim rests on the type of agreement or harm shown, so pick the row that matches your facts.
| Case type | The key rule | What you may ask for | Time limit to sue |
|---|---|---|---|
| Security deposit | Landlord has 21 days to return it or itemize deductions (Cal. Civ. Code § 1950.5) | The deposit, plus two times the deposit if kept in bad faith | Written lease: 4 years (Cal. Code Civ. Proc. § 337(a)). Oral lease: 2 years (§ 339(1)) |
| Unpaid wages | You can sue if you don't want to, or can't, file with the Labor Commissioner | The wages owed, and possibly a penalty under Cal. Labor Code § 203 | Ask a small claims advisor which limit fits your claim |
| Contractor dispute | Home contractors generally need a state license (Bus. & Prof. Code, starting at § 7000) | Money paid or the cost of the problem work | Written contract: 4 years (§ 337(a)). Oral contract: 2 years (§ 339(1)). Property damage: 3 years (§ 338(b), (c)(1)) |
2. How do you win a security deposit case in California?
You win by showing what you paid, when you left, and that the landlord kept money the law doesn't allow. Under Cal. Civ. Code § 1950.5, a landlord has 21 days to return the full deposit, or return the rest with an itemized statement listing what was deducted and why. Deductions over $125 also need invoices or receipts attached.
Only three kinds of deduction are allowed, according to the court's guide:
- Cleaning, but only to make the unit as clean as when you moved in.
- Repairing damage caused by you or your guests, other than normal wear and tear.
- Restoring or replacing furniture or other personal items, but only if the rental agreement included this.
If the landlord kept your deposit in bad faith, the judge may also award two times the deposit in damages. So on a $2,000 deposit, the most you'd ask for is $6,000: the $2,000 back plus $4,000 in damages. Bring your lease, proof of the deposit, any statement the landlord sent, and move-in and move-out photos if you have them.
3. Can you sue for unpaid wages in California small claims court?
Yes. The court's self-help site says you can sue in small claims for unpaid wages if you don't want to, or can't, file a wage claim with the Labor Commissioner's Office. It also says California labor laws protect all workers regardless of immigration status.
If you win, you may also get statutory damages, a penalty for not paying wages, under California Labor Code § 203. List it as a separate line in your claim so the judge can see that you're asking for it.
Before you choose, compare the two routes. The state explains its process on the Labor Commissioner's wage claim page, and a small claims advisor can talk through which fits your situation, including how long you have to act. Bring pay stubs, schedules, texts about your hours and anything that shows the agreed pay.
4. What can you recover from a contractor in California small claims court?
From a licensed contractor, you can sue for money you paid or for work done if the work had a problem. From an unlicensed contractor, the court's guide says you can sue even if the work was fine and may be able to recover everything you paid. If an unlicensed contractor sues you, being unlicensed can be a full defense.
So start by checking the license with the Contractors State License Board lookup. A contractor must hold a $25,000 contractor's bond to get a license. If the contractor broke the licensing law, you can also name the bonding company as a defendant. To find it, click "Contractor's Bond History" on the board's site or call 1-800-321-2752.
Watch the size of your claim. Tear-out and redo costs can pass the small claims limit quickly. Above $12,500, you can give up the excess or file in civil court, where limited civil covers $35,000 or less and unlimited civil covers anything above that. Bring the contract, proof of payment, photos of the work and a written repair estimate.
5. How much can you claim, and what does filing cost?
A person can claim up to $12,500 (Cal. Civ. Proc. Code § 116.221; § 116.220). A business or other entity plaintiff is limited to $6,250, and anyone who has filed more than two small claims over $2,500 this calendar year is limited to $2,500.
| Amount you're claiming | Filing fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501 to $5,000 | $50 |
| More than $5,000 | $75 |
Time limits depend on the claim, not the court. They're 4 years for a written contract (Cal. Code Civ. Proc. § 337(a)), 2 years for an oral contract (§ 339(1)) and 3 years for property damage (§ 338(b), (c)(1)). If you're close to any deadline, file first and sort out the details afterward.
6. What happens if you lose, or if you win and aren't paid?
It depends on which side you're on. If you filed the case and the judge decides you aren't owed money, the case is finished and you can't appeal that decision. If the judge orders you to pay the other side and you disagree, you can appeal. That makes your first hearing the only one you can count on as the person suing, so bring all your evidence to it.
If you're ordered to pay and don't plan to appeal, the court's guide says to pay the other side right away. If you win, the guide mentions a 30-day wait before you start collecting, and its after-trial page walks through the next steps.
About SmallClaimsHelper: SmallClaimsHelper is an independent, founder-run tool that turns plain-English answers into small claims court document drafts for consumers handling their own cases. Our guides cover filing, evidence, and judgment collection. Court rules change over time, so verify the current requirements with your local court before you file. Nothing here is a substitute for the advice of an attorney.
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Check if your California claim qualifies →Frequently asked questions
Can I sue my landlord if they sent an itemized statement on time?
Yes, an on-time statement doesn't make the deductions valid. Deductions are limited to cleaning back to move-in condition, damage beyond normal wear and tear, and restoring or replacing items if the rental agreement included this. Deductions over $125 also need invoices or receipts attached. If a charge falls outside those categories, you can ask the judge to return that money.
Should I file a wage claim or go to small claims court?
Either can be an option, and the court's self-help site describes small claims as a route if you don't want to, or can't, file with the Labor Commissioner. Small claims is capped at $12,500 for a person, and filing costs $30, $50 or $75. A small claims advisor can help you compare the two for your situation. Check how long you have to act before you decide.
What if my contractor had no license but finished the job?
The court's self-help site says you can sue an unlicensed contractor even if the work was fine, and you may be able to recover everything you paid. If the contractor sues you for unpaid money, being unlicensed can be a full defense. Check the license on the Contractors State License Board's website and bring a copy of the result to the hearing. If your claim is above $12,500, you can give up the excess or file in civil court.
Can I appeal if the judge rules against me?
It depends on your side of the case. If you filed the claim and the judge decides you aren't owed money, the case is finished and you can't appeal. If the judge orders you to pay and you disagree, you can appeal. Ask your court or a small claims advisor about the deadline right away, since it's short and missing it can end your options.