Details
Small claims court is the California civil court built for disputes small enough that hiring a lawyer would cost more than the claim. Each of the state’s 58 counties runs its own superior court, so the filing location and the local procedure differ, but the dollar limits are set statewide.
How much you can sue for
According to the California Courts self-help centre, an individual can sue in small claims for less than $12,500. If you are suing as a business, the limit is lower: $6,250.
The limit is per claim, and you cannot split one dispute into several smaller cases to get around it. If your loss is larger than the limit, you can either waive the excess and stay in small claims, or file in regular civil court instead.
Where to file
Small claims cases are filed in the superior court of the county with a connection to the dispute — commonly where the defendant lives or does business, or where the events happened. Each county’s superior court publishes its own filing instructions, locations and fee schedule, and several accept filings online.
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What it costs
Filing fees in small claims are set on a sliding scale tied to the amount claimed, and there is a separate cost to have the defendant served. Fee waivers are available for filers who meet the income criteria. Your county superior court publishes the current schedule.
The hearing
Small claims hearings are short and informal, and are designed to be handled by the parties themselves. Bring the documents that prove your case — the contract, the invoices, the photographs, the messages — and bring copies. Every California superior court offers a free small claims advisor service.
Winning is not the same as being paid
A judgment is a court’s decision that you are owed money; it is not the money. If the other side does not pay voluntarily, collecting is a separate process with its own forms, and the court does not do it for you.
Dollar limits and fees are set by statute and by each county’s court, and both change. Check your county superior court and the source above before filing.