California Small Claims Court Guide

California Quick Facts

How to File in California Superior Court

California's small claims division is part of the Superior Court system. It's one of the most accessible in the country — lawyers are not allowed to represent parties, the limit is a generous $12,500 for individuals, and many courts offer free advisory clinics to help you prepare. Businesses are limited to $5,000 and can only file two claims over $2,500 per year.

1. Gather your evidenceCollect your lease, move-in/move-out photos, receipts, demand letter with certified mail receipt, and all communication. California judges expect organized evidence. Consider attending a free small claims advisory clinic at your courthouse.
2. Go to the courthouseFile at the Superior Court in the county where the defendant lives or where the dispute occurred. Many California courts offer online filing through their websites. Check your county's court website for specific instructions.
3. Fill out the claim formComplete form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court). Include both parties' information, the amount claimed, and a clear description. You can download the form from the California Courts website.
4. Pay the filing fee & serve the defendantPay the filing fee ($30–$75 based on claim amount). Service must be done by someone other than you — options include certified mail, a process server ($40–$75), or a friend over 18. File the proof of service (form SC-104) with the court.
5. Attend your hearingHearings are scheduled 30–70 days after filing. Remember: no lawyers allowed. Present your case in plain language, walk through your evidence chronologically, and cite the specific statute your landlord violated. The judge decides the same day.

California Filing Fees

California has a clear, tiered fee structure. Claims up to $1,500 cost $30. Claims from $1,500 to $5,000 cost $50. Claims from $5,000 to $12,500 cost $75. Service of process adds $20–$75 depending on the method. If you've filed more than 12 small claims in the past 12 months, the fee increases to $100.

Fee waivers are available if your income is below 125% of the federal poverty level. Ask the clerk for form FW-001. If you win, the judge will typically order the defendant to reimburse your filing fees and service costs.

What You Can Sue For

• Security deposits — Landlord failed to return your deposit within 21 days or made bad faith deductions under Cal. Civ. Code § 1950.5 (up to 2× penalty)
• Unpaid wages — Employer owes you wages, overtime, or final paycheck up to $12,500
• Property damage — Someone damaged your car, personal property, or belongings
• Breach of contract — A party failed to deliver goods, services, or payments they agreed to

Frequently Asked Questions