How to Take Someone to Small Claims Court in California

In California, small claims court provides a straightforward and accessible avenue for resolving disputes involving relatively modest amounts of money. The filing fee is between $30–$100, and fee waivers are available.

Understand the Jurisdictional Limit

In California, the maximum amount you can sue for in small claims court is $12,500 for individuals. For corporations, the limit is $6,250. Cases exceeding these limits must be filed in a higher court.

However, starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims. If you are suing a tenant for COVID-19 rental debt, you can sue for more than $12,500.

Determine the Defendant's Location

Before filing a claim, ensure that the person or entity you're suing resides or does business in the county where you plan to file the case. If you no longer live in California, you need to make sure the person or entity you are suing either lives in California, does business in California, or the incident itself occurred in California.

Attempt to Resolve the Dispute Amicably

Consider sending a demand letter to the defendant outlining your claim and requesting payment or a resolution. Sometimes, a simple letter can prompt the other party to settle the matter without the need for legal action.

However, if you've sent several demand letters and received no response, you may want to consider hiring a lawyer to write a stronger Attorney Demand Letter or proceed directly to small claims court.

Gather Evidence

Collect any relevant documentation, such as contracts, receipts, invoices, photographs, or correspondence, that support your claim. Evidence is crucial in proving your case in court.

Consider using form declarations (MC-030) for your witnesses who are willing to write a statement of facts that are favorable to your claim. Arrange photographs and written documents in chronological order. If necessary, you could also subpoena documents from defendants or third parties by filing an SC-107 form.

Complete the Required Forms

Obtain the necessary forms from the small claims court clerk's office or website. In California, this typically includes the Plaintiff's Claim and Order to Go to Small Claims Court (Form SC-100). Fill out the form accurately, providing details about your claim and the amount you seek.

File the Claim

Submit the completed forms to the small claims court clerk's office in the county where the defendant resides or where the incident occurred. Be prepared to pay a filing fee, which varies depending on the amount of your claim.

Serve the Defendant

Once the claim is filed, the defendant must be served with a copy of the plaintiff's claim, along with a summons to appear in court. This can be done by mail, through a process server, or by other methods permitted by California law.

If you are struggling to locate the defendant, feel free to hire a private investigator or use online skip-tracing tools to locate their whereabouts.

Prepare for and Attend the Hearing

Organize your evidence, witnesses (if any), and any other relevant materials. On the scheduled hearing date, appear in court at the designated time. Be punctual and dress appropriately. Present your case to the judge, explaining the facts, presenting evidence, and stating the relief you seek.

Mediation or Settlement Conference

Some small claims courts in California offer mediation or settlement conferences as an alternative dispute resolution method. This involves a neutral third party facilitating negotiations between the parties to reach a settlement agreement.

Receive and Enforce the Judgment

After hearing both sides of the case, the judge will render a decision. If the judgment is in your favor, you'll receive a court order outlining the terms. However, please keep in mind that the court is only responsible for issuing a ruling and not monitoring the judgment collection.

If the defendant fails to comply with the court's judgment, you may need to take further steps to enforce it, such as garnishing wages, placing liens on property, or other legal remedies available under California law.