Key takeaways
- Businesses can claim up to $6,250 in small claims; individuals, including sole proprietors, up to $12,500.
- Filing costs $30 to $75 for most filers, depending on the amount claimed.
- You can't serve the papers yourself, and lawyers can't argue the case for you at the hearing.
Small claims court is the fastest, cheapest way for a California business to collect a modest unpaid debt. You don't need a lawyer. In fact, lawyers can't take part in the hearing for you, though one can advise you before or after it (Code Civ. Proc. §116.530).
Court: Your county's superior court
Limit: $6,250 for corporations, LLCs and other entities; $12,500 for individuals, including sole proprietors (Code Civ. Proc. §§116.220, 116.221)
Main form: SC-100, Plaintiff's Claim and ORDER to Go to Small Claims Court
Is small claims right for your debt?
Small claims fits when:
- the amount owed is at or under your limit. You may choose to give up the amount over the limit to stay in small claims, but you can't split one debt into several claims. Also, no one may file more than two claims over $2,500 in California in a calendar year (Code Civ. Proc. §116.231);
- you can prove the debt with an invoice, contract, emails or texts; and
- you can identify and serve the person or business that owes you.
If the debt is larger, you'd sue in superior court instead: a limited civil case for claims of $35,000 or less, or an unlimited civil case above that. In either one, a corporation or LLC generally must be represented by a lawyer.
Before you file: ask for payment
The SC-100 form asks whether you asked the other side to pay before filing. Send a clear written request first; see How to write a demand letter for an unpaid invoice.
Who can appear for your business
A sole proprietor normally appears in person. A sole proprietor can send a regular employee instead, but only if the claim rests on business records and that employee can explain how the records are kept.
A corporation, LLC or partnership appears through a regular employee, officer or director, and a partnership can also send a partner. That person must hold the role for reasons other than representing the business in small claims, and must file a declaration saying they're authorized to appear (Code Civ. Proc. §116.540).
Filing fees
The fee depends on the amount claimed and how many small claims you've filed in California in the past 12 months (Code Civ. Proc. §116.230):
| Amount claimed | Fee (12 or fewer claims in the past 12 months) |
|---|---|
| $1,500 or less | $30 |
| $1,500.01 – $5,000 | $50 |
| Over $5,000 | $75 |
| Any amount, if you filed more than 12 claims in the past 12 months | $100 |
If you can't afford the fee, you can ask for a fee waiver. To find your local small claims court, search your city or ZIP code in the California Courts Find my court tool.
Serving the other side
After filing, the defendant must be formally served with the claim. You can't serve it yourself. You can use:
- any adult who isn't part of the case, such as a friend or co-worker;
- the sheriff or marshal;
- a registered process server; or
- the court clerk, in courts that offer it, who will mail it by certified mail for a fee.
Deadlines (Code Civ. Proc. §116.340):
- Service must be done at least 15 days before the hearing if the defendant lives in the county where you filed, or 20 days if they live outside it.
- The proof of service must be filed with the court at least 5 days before the hearing.
- Mailed service counts from the date the defendant signs for it.
At the hearing
Bring three copies of everything: the invoice, contract or quote, proof of delivery or completed work, payment history, your demand letter, and any messages admitting the debt. Keep your explanation short and in date order.
After you win
Winning doesn't mean you get paid automatically. See the California Courts self-help pages on small claims for how to collect a judgment, including wage garnishment, bank levies and liens.
Timeline of a small claims case
| Stage | Timing | Rule |
|---|---|---|
| Hearing date set | No earlier than 20 days and no more than 70 days from the date of the court's order, usually issued when you file | Code Civ. Proc. §116.330 |
| Serve the defendant | At least 15 days before the hearing (20 days if they live outside the county) | §116.340 |
| File the proof of service | At least 5 days before the hearing | §116.340 |
| Hearing | The court's self-help site says to expect a trial date about 1 to 2 months after filing | Self-help: small claims |
| Defendant's appeal window | 30 days after the clerk delivers or mails notice of entry of judgment | §116.750 |
Appeals work differently for each side. If you filed the claim and lose, you can't appeal the judgment on your own claim. The defendant can appeal to the superior court (§116.710). If the other side files a claim against you and wins it, you can appeal that part.
Worked example: an LLC owed $7,000
Sunrise Ventures LLC is owed $7,000 on a written contract. As an LLC, its limit is $6,250. It has two options:
- Stay in small claims by giving up the $750 over the limit. The filing fee for a claim over $5,000 is $75 for most filers. It can't split the $7,000 into two smaller claims.
- File a limited civil case for the full $7,000. There, an LLC generally must be represented by a lawyer.
If the same work had been done by a sole proprietor, the $7,000 claim would be within the $12,500 limit for individuals, so no amount would need to be given up.
Frequently asked questions
Can an LLC sue in small claims court in California?
Yes. An LLC or corporation can claim up to $6,250 in small claims. It appears through a regular employee, officer or director who holds that role for reasons other than going to court, and that person files a declaration saying they're authorized to appear.
Can a lawyer represent my business in small claims?
No. Lawyers can't take part in the hearing on your behalf, though a lawyer can advise you before or after it (Code Civ. Proc. §116.530).
How much does it cost to file a small claims case?
It costs $30, $50 or $75 for most filers, depending on the amount claimed. If you've filed more than 12 small claims in California in the past 12 months, the fee is $100 for any amount. You can ask for a fee waiver if you can't afford the fee.
How long does a small claims case take in California?
The hearing is set no earlier than 20 days and no more than 70 days from the date of the court's order, and the courts' self-help site says to expect a trial date about 1 to 2 months after filing. Collecting the money after you win can take longer.
Can I appeal if I lose my small claims case?
Not if you filed the claim and lost it. A plaintiff can't appeal the judgment on its own claim. A defendant who loses can appeal within 30 days after the clerk delivers or mails notice of entry of judgment (Code Civ. Proc. §§116.710, 116.750).
Can a sole proprietor sue for $12,500 in small claims?
Yes. A sole proprietor is treated as an individual, so the $12,500 limit applies. Corporations, LLCs and other entities are limited to $6,250. No one may file more than two claims over $2,500 in California in a calendar year.
Do I need to send a demand letter first?
Form SC-100 asks whether you asked the defendant to pay before you filed, and if you didn't, you must explain why. See how to write a demand letter for an unpaid invoice.
Sources
We use primary sources: statutes, court rules, official forms and government pages. Read our editorial standards.
- California Courts self-help: small claims
- Code of Civil Procedure §116.220, §116.221, §116.230, §116.330, §116.340, §116.540, §116.710, §116.750
- Form SC-100