California Small Claims Court Rules: What You Need to Know

California's small claims court system is governed by the Small Claims Act — Code of Civil Procedure §§ 116.110 through 116.960. These rules are simpler than regular civil court, but they're still rules, and violations result in dismissed cases, invalidated service, and uncollectable judgments. Here is what you need to know before you file.

Who Can Use Small Claims Court

Small claims court is available to:

• Individuals (natural persons), including sole proprietors doing business under their own name
• Businesses — corporations, LLCs, partnerships — though with lower claim limits
• Government agencies can be defendants but have additional procedural requirements (must file a government tort claim first)

Attorneys representing clients are prohibited from the original hearing (CCP § 116.530). Attorneys may appear only in their own personal capacity, in post-judgment proceedings, or in appeals.

Claim Limits

These limits are per claim. If your loss exceeds the limit, you can waive the excess and sue for the maximum, or file in regular civil court.

Filing frequency rule: Any plaintiff (individual or entity) may file no more than two claims exceeding $2,500 at any California small claims court within a single calendar year (CCP § 116.220(c)). Claims of $2,500 or less are not subject to this restriction. Courts track filings; violating this rule results in case dismissal.

What Claims Are Permitted

Small claims court handles money recovery and limited equitable relief. Specifically, courts can: - Award monetary damages up to the applicable limit - Order rescission (cancellation) of a contract - Issue a writ of possession for personal property

Small claims court cannot: - Order someone to perform an act (injunctive relief) - Handle defamation or slander cases - Certify class actions - Hear cases against the federal government

Pre-Filing Requirements

Demand payment first. California law (CCP § 116.320(b)(3)) requires the plaintiff to have demanded payment from the defendant before filing, unless demand was impossible. This requirement is confirmed in Form SC-100. Skipping it gives the defendant grounds to challenge the filing.

Check the statute of limitations. Filing after the statute of limitations has expired results in dismissal regardless of the merit of your claim:

File in the correct venue. You must file where (CCP § 116.370): - The defendant lives or has their principal place of business - The incident or accident occurred - The contract was signed or was to be performed

Filing in the wrong venue is grounds for dismissal.

Filing Rules and Forms

Form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court) is the primary filing document. Required fields include the correct legal names of all parties, the amount claimed, the specific reason, and venue justification.

Form SC-103 (Fictitious Business Name) is required if the plaintiff is a business operating under a trade name (e.g., "Joe Smith dba Joe's Landscaping").

Filing fees: - Up to $1,500: $30 - $1,500.01–$5,000: $50 - $5,000.01–$12,500: $75 - Frequent filers (over 12 claims in past 12 months): $100 flat

Fee waivers (Form FW-001) are available for qualifying individuals.

Service of Process Rules

After filing, the defendant must be formally served. Rules are specific and non-negotiable (CCP §§ 116.340–116.350):

You cannot serve papers yourself. Service must be performed by a disinterested adult (18 or older) who is not a party to the case.

Methods and deadlines:

Substituted service (leaving papers with a responsible adult, then mailing) is complete 10 days after mailing — plan accordingly.

Certified mail by the clerk ($15 fee) is only valid if the defendant personally signs the return receipt. Anyone else's signature invalidates this method.

Form SC-104 (Proof of Service) must be completed by the server and filed with the clerk at least 5 days before the hearing.

Hearing Rules and Evidence

Small claims hearings follow simplified but real procedures:

Plaintiff presents first. State the facts clearly and chronologically. Present your evidence: contracts, receipts, photos, written communications, witnesses.

Hearsay is allowed, but weighted accordingly. Unlike regular civil court, small claims judges can consider hearsay evidence — but they assess its reliability. A printed text message is worth less than the person who sent it testifying in person.

Witnesses. If you need a witness who refuses to appear voluntarily, you can subpoena them using Form SC-107. There is a fee and strict advance notice requirements.

Three copies of everything. One for the judge, one for the opposing party, one for yourself.

Judges have broad discretion. Small claims judges are not bound by strict evidence rules. They will ask questions, cut off irrelevant arguments, and focus on what actually matters to the claim.

Judgment and Appeal Rules

30-day stay. After the Notice of Entry of Judgment (Form SC-130) is mailed, enforcement is stayed for 30 days to allow for appeal or voluntary payment.

Who can appeal: - Defendants can appeal within 30 days by filing Form SC-140 (CCP § 116.710) - Plaintiffs generally cannot appeal their own claim (they waived that right by filing in small claims) - Either party can appeal a ruling on the defendant's counterclaim

Appeal process: Trial de novo in Superior Court — a brand new hearing where attorneys are permitted. The original small claims ruling has no weight.

Enforcement: Plaintiffs must enforce judgments themselves using Writs of Execution, wage garnishment orders, and bank levies. The court does not collect.

Local Rules

Each county may have local court rules that supplement the state Small Claims Act. These can affect: which courthouse handles small claims, e-filing requirements, mediation program availability, and specific clerk office hours. Check your county Superior Court's website before filing.

The Rules Are the Foundation — the Strategy Is the Differentiator

Understanding these rules prevents disqualifying mistakes. Winning requires more: correct defendant identification, organized evidence, and understanding what legal elements your specific claim requires. The California Small Claims Court Filing Guide walks through both dimensions — procedural requirements and practical strategy — in a format you can print and follow through your case.

Get the California Small Claims Court Filing Guide