California small claims court is one of the fastest and most affordable legal remedies available to residents — but it comes with rules that differ meaningfully from most other states. The individual filing limit of $12,500 is above the national median. Attorneys are completely banned from the hearing room. And perhaps most importantly: only the defendant can appeal a California small claims judgment — the plaintiff who filed the case generally cannot. If you file and lose, the decision is final. These three California-specific rules shape every strategic decision in a California small claims case, and this guide covers each one in full.
This guide walks through every step of the California small claims process — from the correct form (SC-100) and which county courthouse to use, through serving the defendant correctly, through the hearing, and into the specific collection forms (EJ-130, WG-001, EJ-001, SC-134) that most winners need but most guides fail to name.
California Small Claims — Fast Facts (2026)
- Claim Limit — Individual
- Up to $12,500
- Claim Limit — Business / LLC / Corp
- Up to $6,250
- Court Name
- Superior Court — Small Claims Division
- Filing Form
- SC-100 (Plaintiff’s Claim and ORDER)
- Filing Fee
- $30 (≤$1,500) / $50 (≤$5,000) / $75 (≤$12,500)
- Attorneys at Hearing
- Banned — CCP § 116.530
- Appeal
- Defendant only — 30 days (Form SC-140)
- Post-Judgment Interest
- 10% per year — CCP § 685.010
- Judgment Valid
- 10 years (renewable) — CCP § 683.020
- Security Deposit Return
- 21 days — up to 2x penalty
What Makes California Small Claims Different
1. Only the Defendant Can Appeal
Under CCP § 116.710, the plaintiff who filed the small claims case generally cannot appeal if they lose. The defendant who loses may appeal within 30 days using Form SC-140. This asymmetric rule is one of the most important — and most surprising — aspects of California small claims law. If you file and the judge rules against you, the decision is final. Thorough hearing preparation is non-negotiable.
2. Individual vs. Business Filing Limits
California has two distinct limits. Individuals can sue for up to $12,500 — raised from $10,000 in 2024 under SB 555. Businesses, corporations, LLCs, and partnerships are capped at $6,250. A sole proprietor filing as an individual uses the $12,500 limit. A corporation or LLC uses the $6,250 limit regardless of the claim amount.
3. Two-Claim-Per-Year Limit Over ,500
Individuals may file a maximum of two small claims cases per calendar year for amounts over $2,500. There is no annual limit on claims for $2,500 or less. The SC-100 form includes a sworn certification confirming you have not exceeded this limit — a false certification is perjury.
4. No Attorneys at the Hearing — For Either Side
CCP § 116.530 prohibits attorneys from representing either party at a California small claims hearing. An attorney can advise you before the hearing, help you prepare evidence, and draft your demand letter — but they cannot appear in the courtroom with you. This levels the playing field even when the defendant is a large corporation.
5. Free Small Claims Advisor in Every County
California law under CCP § 116.940 requires every county to provide a free small claims advisor — a trained volunteer or staff member who can help you understand the process, review your claim, and prepare your evidence. Ask the clerk at your courthouse how to access the advisor. Using this service before your first filing is strongly recommended.
California Small Claims Filing Fees (2026)
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,501 – $5,000 | $50 |
| $5,001 – $12,500 | $75 |
Service fees are separate. Sheriff service: approximately $40–$60. Registered process server: $50–$150. Court-arranged certified mail: $15–$25. If you win, all filing and service fees are added to the judgment and owed by the defendant.
Fee waivers: File Form FW-001 at the same time as your SC-100. Qualifying criteria include receipt of Medi-Cal, CalFresh, SSI, or income below 125% of the federal poverty level.
California County Court Finder
File in the county where the defendant lives, does business, or where the dispute occurred. For vehicle accidents, file where the accident occurred. For retail disputes, file where you made the purchase or where you live.
| County | Court | Address | Phone |
|---|---|---|---|
| Los Angeles | LA Superior Court — Small Claims | Multiple locations — lacourt.org | (213) 830-0803 |
| San Diego | San Diego Superior Court | 1100 Union St., San Diego 92101 | (619) 450-7060 |
| Orange | Orange County Superior Court | 700 Civic Center Dr. W., Santa Ana 92701 | (657) 622-5400 |
| Santa Clara | Santa Clara Superior Court | 191 N. First St., San Jose 95113 | (408) 882-2100 |
| Alameda | Alameda Superior Court | 600 Washington St., Oakland 94607 | (510) 891-6000 |
| Sacramento | Sacramento Superior Court | 301 Bicentennial Circle, Sacramento 95826 | (916) 875-3400 |
| Riverside | Riverside Superior Court | 4175 Main St., Riverside 92501 | (951) 777-3147 |
| San Bernardino | San Bernardino Superior Court | 247 W. Third St., San Bernardino 92415 | (909) 708-8678 |
| Contra Costa | Contra Costa Superior Court | 725 Court St., Martinez 94553 | (925) 608-1000 |
| San Francisco | SF Superior Court | 400 McAllister St., San Francisco 94102 | (415) 551-4000 |
For all other counties: courts.ca.gov/find-my-court.htm
Step-by-Step: How to File in California
Step 1 — Send a Demand Letter First
California does not legally require a demand letter before filing, but it is strongly recommended. It demonstrates good faith, often produces voluntary payment, and creates your first exhibit at the hearing. Send by certified mail, give the defendant 14 days to respond, and keep the signed return receipt card. For security deposit cases, cite Civil Code § 1950.5 and the 21-day return deadline.
Step 2 — Complete Form SC-100
Download Form SC-100 (Plaintiff’s Claim and ORDER) at courts.ca.gov or pick up from the clerk. Read SC-100-INFO before completing. Key fields:
- Your name: Exact legal name. Sole proprietors: “Jane Smith d/b/a Smith Consulting.” Also complete Form SC-103 if using a fictitious business name.
- Defendant’s name: Exact registered legal name. Look up businesses at bizfileonline.sos.ca.gov.
- Why you are owed money: Brief, specific, factual. Include dates and what the defendant failed to do.
- Amount: Exact dollars — not to exceed $12,500 (individual) or $6,250 (business).
- Two-claim certification: Sworn confirmation you have not exceeded the annual filing limit.
Additional forms if needed: SC-100A (multiple parties), SC-103 (fictitious business name), FW-001 (fee waiver).
Step 3 — File and Pay
File the original SC-100 plus at least two copies at the Superior Court Small Claims Division. Pay the filing fee. The clerk stamps your copies and schedules the hearing — typically 30 to 70 days out. E-filing is available in most California counties at the court’s online portal.
Step 4 — Serve the Defendant
You cannot serve the defendant yourself. Service must be completed at least 15 days before the hearing (20 days outside the county, 25 days outside California).
California-approved service methods:
- Personal service: Someone 18+ (not you) hands papers directly to the defendant
- Substituted service: Papers left with competent adult at home or business + copy mailed to same address
- Sheriff service: ~$40–$60, reliable, 5–14 days
- Registered process server: $50–$150, fastest option, 2–7 days
- Certified mail with acknowledgment: Defendant must sign and return acknowledgment — if they refuse, service is not complete
After service, file Form SC-104 (Proof of Service) with the clerk at least 5 days before the hearing. Without it, the hearing cannot proceed.
Step 5 — Prepare Your Evidence
Bring three complete sets of all documents. Label exhibits numerically. Key evidence by case type:
- Security deposit: Lease → deposit bank record → move-in photos (timestamped) → move-out photos → key return receipt → forwarding address notice → Civil Code § 1950.5 printout
- Contractor dispute: Signed contract/estimate → payment records → before/after photos → two independent completion estimates
- Unpaid invoice: Signed agreement or email → invoice → proof of delivery/completion → all prior payment demands
- Vehicle damage: Police/accident report → repair estimate or invoice → photos of damage
Step 6 — Attend the Hearing
Hearings are informal bench proceedings — no jury, no attorneys, relaxed evidence rules. The judge hears both sides and typically decides the same day. Arrive 15 minutes early. Address the judge as “Your Honor.” Present in chronological order. Hand up exhibits simultaneously to the judge and defendant. Take notes during the defendant’s presentation and respond specifically in your rebuttal.
Some California counties (Santa Clara, Alameda) have mandatory settlement conferences before trial. The clerk will inform you at filing if this applies to your court.
How to Collect Your California Small Claims Judgment
The judgment becomes enforceable 30 days after the mailing of Form SC-130 (Notice of Entry of Judgment), provided no appeal has been filed. Post-judgment interest accrues at 10% per year under CCP § 685.010 from the judgment date until paid in full. The court does not collect for you — you must take active steps.
Step 1 — Judgment Debtor’s Statement of Assets (SC-133)
Automatically triggered when judgment is entered. The defendant must complete Form SC-133 (Judgment Debtor’s Statement of Assets) and mail it to you within 30 days. SC-133 discloses employer, bank accounts, property, and other assets — your enforcement roadmap. If the defendant fails to provide SC-133, file a motion to compel and request penalties.
Step 2 — Wage Garnishment
Most effective for employed defendants. Forms needed:
- WG-001 — Application for Earnings Withholding Order (you file with court)
- WG-002 — Earnings Withholding Order (court issues, served on employer)
- WG-005 — Employer’s Return (employer confirms wage amounts)
The employer withholds 25% of disposable earnings per pay period and remits to the levying officer. Governed by CCP § 706.010 et seq.
Step 3 — Bank Account Levy
Forms needed:
- EJ-130 — Writ of Execution (directs sheriff to seize assets)
- EJ-150 — Memorandum of Garnishee (instructs bank to freeze account)
File EJ-130 with the court. Take the writ to the sheriff’s civil division with EJ-150 identifying the bank. The bank freezes the defendant’s account. After the holding period and exemption claims, non-exempt funds are released to you. Governed by CCP § 700.160.
Step 4 — Real Property Lien
Form needed: EJ-001 — Abstract of Judgment (Civil and Small Claims)
Record EJ-001 at the county recorder in any county where the defendant owns real property (~$15–$25 fee per county). The lien prevents sale or refinancing until satisfied. File in every county where the defendant may own property. California homestead exemption protects $300,000–$600,000 in equity (CCP § 704.730) — the lien attaches to equity above the exemption.
Step 5 — Debtor Examination (SC-134)
Form needed: SC-134 — Application and Order to Appear for Examination
Use when you do not know the defendant’s employer or bank. File SC-134 to compel the defendant to appear in court and disclose their complete financial situation under oath. If the defendant fails to appear, the judge may issue a bench warrant. This is your most powerful asset-discovery tool.
Judgment Renewal
Valid 10 years. Renew before expiration using Form EJ-190 (Application for Renewal of Judgment) for an additional 10 years. Set a calendar reminder at year 9.
Satisfaction of Judgment
When the defendant pays in full, you must file the Acknowledgment of Satisfaction of Judgment (printed on the back of Form SC-130) within 15 days of a written demand from the defendant under CCP § 724.050. Failure to file on time can result in a $100 penalty per violation.
Appeals in California Small Claims Court
| Party | Appeal Right | Deadline | Form | Where It Goes |
|---|---|---|---|---|
| Defendant who lost | Yes — full right | 30 days from mailing of SC-130 | SC-140 | Appellate Division — de novo trial |
| Plaintiff who filed and lost | Generally none — CCP § 116.710 | N/A | N/A | Decision is final |
A de novo appeal means a completely new trial at the Appellate Division of the Superior Court. Both parties present fresh evidence. Attorneys are permitted at this level. If the defendant appeals and you win again, the judgment becomes immediately final and enforceable.
California Security Deposit Rules
| Rule | Detail |
|---|---|
| Return deadline | 21 days after tenant vacates — Civil Code § 1950.5 |
| Required with return | Itemized written statement of any deductions |
| Bad faith penalty | Up to 2x the amount wrongfully withheld |
| Maximum deposit (unfurnished) | 2 months’ rent |
| Maximum deposit (furnished) | 3 months’ rent |
| Pre-move-out inspection | Tenant may request inspection 2 weeks before moving out |
| Total recovery potential | Deposit + up to 2x penalty + court costs = up to 3x deposit |
California Statute of Limitations
| Claim Type | Period | Statute |
|---|---|---|
| Written contract | 4 years | CCP § 337 |
| Oral contract | 2 years | CCP § 339 |
| Personal injury | 2 years | CCP § 335.1 |
| Property damage | 3 years | CCP § 338 |
| Fraud | 3 years from discovery | CCP § 338(d) |
| Security deposit (written lease) | 4 years | CCP § 337 |
Frequently Asked Questions — California Small Claims Court
What is the small claims limit in California in 2026?
Individuals can sue for up to $12,500. Businesses, corporations, LLCs, and partnerships are limited to $6,250. The individual limit was raised from $10,000 to $12,500 by Senate Bill 555, effective January 1, 2024. Claims above these limits must be filed in the Limited Civil or Unlimited Civil division.
Can I appeal if I lose in California small claims court?
Only the defendant can appeal under CCP § 116.710. If you filed the case (as plaintiff) and the judge rules against you, the decision is generally final. Prepare thoroughly — your one opportunity is the hearing itself.
How many cases can I file per year?
Individuals may file a maximum of two cases per calendar year for amounts over $2,500. No limit on cases for $2,500 or less. Businesses are limited to 12 filings per year. The two-case limit resets January 1 and must be certified under penalty of perjury on the SC-100.
Can a lawyer represent me at the hearing?
No. CCP § 116.530 prohibits attorneys from representing either party at the small claims hearing. However, you may consult an attorney before the hearing and use the free Small Claims Advisor available in every county under CCP § 116.940.
What forms do I need to collect my judgment?
SC-133 (Judgment Debtor’s Statement of Assets — automatically sent to defendant), EJ-130 (Writ of Execution), EJ-150 (Memorandum of Garnishee — bank levy), WG-001 and WG-002 (wage garnishment), EJ-001 (Abstract of Judgment — real property lien), SC-134 (Order to Appear for Examination).
How long does a California small claims hearing take to schedule?
Typically 30 to 70 days after filing. Los Angeles and San Francisco often run 60 to 120 days. Rural counties may schedule within 30 days. Add 30 days for the appeal window — enforcement typically begins 60 to 100+ days after filing.
What if the defendant does not show up?
If properly served and absent, the judge typically enters a default judgment after you briefly present your evidence. The defendant has 30 days to file Form SC-135 (Notice of Motion to Vacate Judgment) showing good cause for the absence.
Can I sue a business in California small claims court?
Yes. Businesses are limited to $6,250 per claim (not $12,500). This lower limit also applies when a business entity is the plaintiff. Businesses are limited to 12 small claims filings per year.
What is the security deposit return deadline in California?
21 days after the tenant vacates under Civil Code § 1950.5. The landlord must return the deposit or mail an itemized written statement of deductions within this window. Failure allows the tenant to sue for the withheld amount plus up to 2x that amount as a bad faith penalty.
How long is my California small claims judgment valid?
10 years from entry under CCP § 683.020. Renewable for an additional 10 years using Form EJ-190 before expiration. Set a calendar reminder at year 9.
Next Steps
- How to Write a Demand Letter
- How to Collect Money After Winning
- How to Win a Security Deposit Case
- What to Say in Small Claims Court
- Browse All 50 State Guides
Sources
- California Courts — Small Claims: courts.ca.gov/selfhelp-smallclaims.htm
- California Code of Civil Procedure §§ 116.110–116.950 (Small Claims Act)
- CCP § 116.530 (No attorney at hearing)
- CCP § 116.710 (Defendant-only appeal)
- CCP § 116.940 (Free Small Claims Advisor)
- CCP § 337 (4-year written contract SOL)
- CCP § 339 (2-year oral contract SOL)
- CCP § 683.020 (10-year judgment validity)
- CCP § 685.010 (10% post-judgment interest)
- CCP § 697.310 (Abstract of Judgment — EJ-001)
- CCP § 699.510 et seq. (Writ of Execution — EJ-130)
- CCP § 706.010 et seq. (Wage garnishment — WG-001, WG-002)
- CCP § 704.730 (Homestead exemption — $300,000–$600,000)
- CCP § 724.050 (Satisfaction of Judgment — 15-day deadline)
- California Civil Code § 1950.5 (Security deposit — 21 days, 2x penalty)
- California Senate Bill 555 (2024) — individual limit raised to $12,500
- Judicial Council Form SC-100 (effective January 1, 2026)
