By the founder of SmallClaims
California small claims court lets individuals sue for up to $12,500 — and the filing fee is as low as $30, depending on how much you're claiming.
This post walks through the full process using a realistic hypothetical: a California consumer suing a contractor for $6,000 in botched renovation work. We cover the dollar limits, the exact fee tiers set under Gov. Code § 70613, how to serve the defendant within the statutory deadlines in CCP § 116.340, and what happens at the hearing.
The Hypothetical: Maria vs. Rodriguez Remodeling
Maria hired Rodriguez Remodeling LLC to retile her bathroom for $6,000. The contractor finished the job in October 2025, but within weeks the tiles began cracking and pulling away from the wall. The contractor ignored her calls. By January 2026, Maria wants her money back — or at least enough to pay someone else to fix it.
Maria's claim is $6,000 — well within the individual cap of $12,500 under CCP § 116.221. Rodriguez Remodeling, as a business entity, is on the other side of the caption, so the contractor cannot file a counterclaim for more than $6,250 (CCP § 116.220(a)). Note that although Maria's claim falls below the business cap too, she is filing as an individual, so the $12,500 ceiling applies to her. Let's walk through every step she'll take.
Step 1 — Check the Limits and the Statute of Limitations
Before touching a form, Maria needs to confirm two things: (1) her claim is within the dollar ceiling, and (2) she's not too late to sue. California small claims court handles money disputes up to $12,500 for individuals and $6,250 for businesses under CCP §§ 116.110–116.950. Maria's $6,000 claim clears that easily.
The statute of limitations for her claim depends on the contract type. 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). Maria had a written contract with the contractor, so she has four years from the breach. She's comfortably within that window. If her contract had been a handshake deal, she'd only have two years — worth double-checking before filing.
One additional limit that often surprises filers: a plaintiff may file an unlimited number of claims for $2,500 or less but no more than two claims exceeding $2,500 in any calendar year (CCP § 116.231(a)). If Maria has already sued someone else this year for more than $2,500, she'd be barred from filing this claim until January 2027.
Step 2 — Choose the Right Court (Venue)
Filing in the wrong courthouse wastes time and can get a case dismissed. Venue must be proper under CCP § 395(a) and § 116.370: generally the county where the defendant resides, does business, or where the obligation or damage occurred. Rodriguez Remodeling is based in Los Angeles County, and the work was done at Maria's LA County home, so she files at the Los Angeles Superior Court Small Claims Division. There's no ambiguity here.
The venue rule has a consumer-protective wrinkle worth knowing: for consumer transactions, venue is further restricted to the county where the consumer signed the contract or resides (Civ. Code § 1812.10 and § 2984.4). If the contractor were a large company trying to drag Maria to a distant county, this rule would protect her.
Step 3 — Complete Form SC-100 and Pay the Filing Fee
California's official plaintiff's claim form is SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). Submit the original SC-100 (and any SC-100A/SC-103 attachments) to the appropriate superior-court clerk's office either (a) in person, (b) by mail, or (c) electronically where the county mandates or permits e-filing (Rule 2.250 et seq.). Maria wants to confirm her filing went through, so she goes in person and brings two extra copies — one for her records and one for service.
When she reaches the counter, she pays the filing fee. Fees are set by Gov. Code § 70613 and the Judicial Council's Statewide Civil Fee Schedule: approximately $30 for claims ≤ $1,500, $50 for claims up to $5,000, and $75–$100 for larger claims (up to the small-claims cap). Maria's $6,000 claim puts her in the $75 tier. She pays $75. If she couldn't afford it, she could file Form FW-001 to request a fee waiver. Fee waivers are generally available if you receive public benefits or your income is below 125% of the federal poverty level.
Here's the full fee schedule at a glance for 2026:
| Claim Amount | Filing Fee (Gov. Code § 70613) | Maria's Case? |
|---|---|---|
| Up to $1,500 | $30 | No |
| $1,501 – $5,000 | $50 | No |
| $5,001 – $12,500 | $75 | Yes — $75 |
| Any amount (high-volume filer: 12+ claims in 12 months) | $100 | No |
Once the clerk accepts the filing, the clerk sets a hearing date not less than 20 and not more than 70 days after filing (CCP § 116.330(b)). The date and department number appear on page 1 of SC-100, which also serves as your official Notice of Hearing.
Step 4 — Serve the Defendant on Time
Maria cannot serve the defendant herself. The plaintiff must deliver a file-stamped copy of SC-100 to each defendant and file a proof of service form (SC-104 or SC-104B) before the hearing. Acceptable methods include: (1) personal service by any non-party over 18 years of age, including a sheriff or registered process server; (2) substituted service at the defendant's home or usual business followed by first-class mail (CCP § 415.20); and (3) certified mail by the clerk if the court offers that service (§ 116.340(b)).
The deadline is strict. Service of the claim and order on the defendant shall be completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county in which the action is filed. Rodriguez Remodeling is in LA County — same county as Maria's filing — so she needs 15 days minimum. She hires the county sheriff's office to serve the registered agent. Most filers hire the sheriff (~$40–$60) or a registered process server. Add that to her out-of-pocket cost: $75 filing fee + ~$50 service = roughly $125 total before the hearing.
After service, proof of service of the claim and order shall be filed with the small claims court at least five days before the hearing. Missing that five-day proof-of-service deadline is a common mistake — if it's not filed in time, the judge will typically postpone the hearing rather than hear the case.
Step 5 — The Hearing
California small claims hearings are informal, but that doesn't mean casual. 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. Maria can talk to a lawyer before the hearing — she just can't bring one to argue for her.
Maria should bring: the written contract, photos of the defective tilework, any text messages or emails with the contractor, a repair estimate from a second contractor, and copies of any payments she made. Once you file papers to start a case, you typically have a court date (trial) in about 1–2 months. The judge hears both sides, then usually mails a written decision within a few days. Only the defendant can appeal a small claims judgment in California. The plaintiff is bound by the decision (CCP § 116.710). That means if Maria wins, she can't appeal if she thinks the award should have been higher — something to factor in before agreeing to reduce a claim to stay in small claims.
Decision Tree: Should You File in Small Claims or Regular Civil Court?
What Happens After the Judgment
Winning at the hearing is step one. If Rodriguez Remodeling doesn't pay voluntarily, Maria has collection tools available. After 30 days, you can collect via wage garnishment (form WG-001), bank levy (form EJ-152), or lien on real property (form EJ-001). California also lets you request an Order to Appear for Examination (form SC-134) to force the defendant to disclose income and assets under oath.
Interest runs in Maria's favor if the judgment goes unpaid. After winning, post-judgment interest accrues at 10% per year (CCP § 685.010). On a $6,000 judgment, that's $600 per year — real money, and a genuine incentive for the losing party to pay promptly. If you win your small claims case, the judge typically orders the losing party to reimburse your filing fees and court costs. This includes the initial filing fee, service of process costs, and any other court-imposed charges. So Maria's $125 in filing and service costs would come back to her as part of the judgment.
About SmallClaims: SmallClaims 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.
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SmallClaims 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.
Get started →Frequently asked questions
What is the maximum amount I can sue for in California small claims court in 2026?
If you're an individual (including a sole proprietor), you can sue for up to $12,500 under CCP § 116.221. Business entities — including corporations, LLCs, and partnerships — are capped at $6,250 under CCP § 116.220(a). These limits apply to the total amount of a single dispute; you can't split one claim into multiple filings to get around them. California raised the individual limit from $10,000 to $12,500 in 2024 via SB 555. Always verify current limits with the clerk's office before filing, as the legislature can amend these figures.
How much does it cost to file a small claims case in California?
Filing fees under Gov. Code § 70613 are tiered by the amount you're claiming: $30 for claims up to $1,500, $50 for claims up to $5,000, and $75 for claims up to $12,500. High-volume filers who have filed more than 12 claims in the past 12 months pay a flat $100 under CCP § 116.230. On top of the filing fee, budget $40–$60 if you use the county sheriff for service of process. If you can't afford the fees, file Form FW-001 (Request to Waive Court Fees) at the clerk's window — fee waivers are available to those receiving public benefits or earning below 125% of the federal poverty level.
How do I serve the defendant, and how early does it have to happen?
You can't serve the defendant yourself — service must be carried out by someone 18 or older who is not a party to the case, such as a sheriff, registered process server, or a friend. Under CCP § 116.340(b), service must be completed at least 15 days before the hearing if the defendant is in the same county, or at least 20 days before if the defendant is outside the county. After service is complete, you must file the Proof of Service (Form SC-104) with the court clerk at least five days before the hearing. Missing the proof-of-service deadline is one of the most common reasons hearings get postponed.
Can I bring a lawyer to my California small claims hearing?
No. Under CCP § 116.530, neither the plaintiff nor the defendant may be represented by an attorney at the actual small claims hearing. This applies to both sides equally. You can — and often should — consult a lawyer before the hearing to organize your evidence and arguments, but the attorney cannot appear with you or speak on your behalf in court. If your dispute is too complex for a self-represented hearing, that's a signal you may be better off filing in limited civil court, where attorneys are permitted.