How to File in California Small Claims Court: Step-by-Step Guide

Filing a small claims case in California can feel overwhelming if you have never done it before. The good news is that the process is designed for regular people, not lawyers. In fact, attorneys are generally prohibited from representing parties at the initial hearing (CCP 116.530), so the playing field is deliberately level.

This guide walks you through every stage, from the demand letter you need to send before filing to what happens at your hearing.

Step 1: Send a Demand Letter

Before you can file, California law (CCP 116.320) requires you to demand payment from the other party. This is not optional. If the judge asks whether you made a demand and the answer is no, your case could be dismissed.

Your demand letter should include:

• The specific amount owed
• A clear explanation of why the money is owed
• A deadline for payment (10 to 14 days is standard)
• A statement that you intend to file in small claims court if the debt is not paid

Send the letter via certified mail with return receipt requested, and keep a copy for your records. The return receipt becomes evidence that the defendant received your demand.

Step 2: Confirm Your Claim Qualifies

California small claims court handles cases up to $12,500 for individuals and $6,250 for businesses (CCP 116.220-116.221). Common case types include breach of contract, property damage, personal injury, and security deposit disputes.

Cases that do not belong in small claims court include defamation claims, class actions, injunctive relief (forcing someone to do something rather than pay money), and suits against the federal government.

Before filing, also confirm that your statute of limitations has not expired. Written contracts have a four-year window (CCP 337), oral contracts two years (CCP 339), property damage three years (CCP 338), and personal injury two years (CCP 335.1).

Step 3: Identify the Correct Defendant

Getting the defendant's name wrong is one of the most common filing mistakes, and it can make a judgment uncollectible. For individuals, use their full legal name. For businesses, the name depends on the business structure:

• Sole proprietorship: "John Doe dba John's Plumbing"
• Corporation or LLC: Use the exact name registered with the Secretary of State

You can verify business names and find the registered Agent for Service of Process through the California Secretary of State's business search at bizfileonline.sos.ca.gov.

Step 4: Choose the Right Courthouse (Venue)

Filing in the wrong court is grounds for dismissal (CCP 116.370). You must file in the county where:

• The defendant lives or has their principal place of business
• The injury or property damage occurred
• The contract was signed or was supposed to be performed

If multiple venues qualify, choose the one most convenient for you.

Step 5: Complete and File Form SC-100

Form SC-100 (Plaintiff's Claim and ORDER to Go to Small Claims Court) is the document that starts your lawsuit. Key sections include:

• Your information: Full name and address. If you operate under a fictitious business name, you also need to file Form SC-103.
• Defendant information: Their full legal name and address.
• Claim amount: State the precise dollar figure. Do not write "approximately."
• Reason for claim: A brief factual description of what happened.
• Venue justification: Why you are filing in this specific courthouse.
• Demand confirmation: That you requested payment before filing.

File the completed form at the courthouse clerk's office. Filing fees depend on the amount of your claim: $30 for claims up to $1,500, $50 for claims between $1,500.01 and $5,000, and $75 for claims between $5,000.01 and $12,500. If you cannot afford the fee, you can request a waiver using Form FW-001.

Step 6: Serve the Defendant

After filing, you must legally notify the defendant. You cannot serve the papers yourself. Service must be performed by a disinterested adult who is at least 18 years old. There are three methods:

• Personal service: Someone hands the papers directly to the defendant. Must happen at least 15 days before the hearing (20 days if the defendant is in a different county).
• Substituted service: If the defendant cannot be found for personal service after multiple attempts, papers can be left with a responsible adult at their home or business and then mailed. This method requires at least 25 days before the hearing (30 days out of county).
• Certified mail by the clerk: The clerk mails the claim via certified mail for about $15. This only works if the defendant personally signs the receipt.

After service is completed, the server fills out Form SC-104 (Proof of Service), which must be filed with the court at least five days before the hearing.

Step 7: Prepare for the Hearing

Hearings typically last 15 to 20 minutes. Preparation makes the difference between winning and losing. Bring three copies of all your evidence: one for the judge, one for the defendant, and one for yourself. Useful evidence includes:

• The demand letter and certified mail receipt
• Contracts, invoices, or receipts
• Photographs (printed, not on your phone)
• Text messages and emails (printed with dates visible)
• A one-page timeline of events

Step 8: Attend the Hearing

When your case is called, the plaintiff speaks first. Be concise and stick to the facts: who, what, when, where, and how much. The defendant responds, and then the judge asks clarifying questions.

Common mistakes include rambling, getting emotional, and failing to bring sufficient evidence. Remember that you carry the burden of proof. Your word alone is often not enough.

The judge may announce a decision at the hearing or mail it later. Either way, you will receive a Notice of Entry of Judgment (Form SC-130).

After the Hearing

If you win, there is a mandatory 30-day waiting period before you can begin collection. The court does not collect money for you. If the defendant does not pay voluntarily, you have several enforcement tools available, including wage garnishment, bank levies, and property liens.

If you lose as the plaintiff, you generally cannot appeal. The defendant, however, can appeal within 30 days for a new trial in Superior Court.

Get the Full Roadmap

The complete California Small Claims Court Filing Guide walks you through every step -- from demand letter templates and SC-100 form instructions to evidence worksheets and post-judgment collection methods. It is designed to save you hours of research and help you avoid the procedural mistakes that get cases dismissed.