Timeline to File a Small Claims Case in California: What to Expect
Filing a small claims case in California is designed to be fast and accessible — but there are still important steps and deadlines to understand.
Whether you’re seeking to recover unpaid rent, fix a contract dispute, or resolve a service gone wrong, knowing what happens and when helps you avoid delays and build a winning case.
This guide breaks down the full timeline to file and resolve a small claims lawsuit in California, step-by-step.
Step 1: Check the Statute of Limitations (0–4+ Years Before Filing)
Before you file, make sure your case is still eligible under California’s statute of limitations:
Type of Case | Deadline to File (from date of incident) |
Written contract | 4 years |
Oral agreement | 2 years |
Property damage | 3 years |
Personal injury | 2 years |
Attorney fee dispute (after arbitration) | 1 year |
Tip: It’s always best to file as soon as possible while evidence is fresh and contact info is current. Statutes may vary depending on variables.
Want to skip the guesswork and headache?
Use our guided tool to prepare & file your case timely
Step 2: Attempt to Resolve the Dispute Informally (0–14 Days)
California small claims courts expect you to make a good-faith effort to resolve the issue before suing.
This can include:
- Calling, texting, or emailing the other party
- Sending a formal demand letter explaining what you want and by when
Not sure how to write one?
Our online tool creates a demand letter for you automatically:
Generate Your Letter Here
Step 3: Prepare Your Case and Forms (Same Day–2 Days)
Gather:
- Names and addresses of all parties involved
- Contracts, invoices, receipts, messages, and evidence
- Total amount owed
- Details of your efforts to resolve the issue
Then complete required forms:
- SC-100 (Plaintiff’s Claim)
- SC-100A (if multiple parties)
- SC-103 (if suing under a business name)
- SC-101 (if attorney fee dispute)
Want to skip the paperwork headache?
Use our guided tool to prepare & file your case
Step 4: File the Case (Same Day – 3 Days)
Once your forms are complete, you’ll file with the appropriate California Superior Court — this can be done:
- In person
- By mail
- Electronically (in some counties)
Filing fees range from $30 to $75 depending on the claim amount.
If you can’t afford the filing fee, you can request a fee waiver using Form FW-001.
Our package includes the filing fee, filing and professional service of process.
Start Here
Step 5: Serve the Defendant (3–10 Days After Filing)
California law requires that the defendant be legally served with your claim:
| If defendant is in the same county | Must be served at least 15 days before the hearing | | If outside the county | At least 20 days before the hearing |
Methods include:
- A process server
- County sheriff (if available and not the best choice)
- Adult not involved in the case
You can’t serve them yourself.
Our package includes filing and professional service of process.
Start Here
Step 6: Court Hearing (30–70 Days After Filing)
Once everything is filed and served, the court will assign a hearing date — typically 4 to 10 weeks later, depending on county backlog.
At your hearing:
- Be early, respectful, and organized
- Bring 2 copies of all your evidence
- Stick to the facts: what happened, how much you’re owed, and what proof you have
If the defendant doesn’t show up and you served them correctly, you can request a default judgment on the spot.
Step 7: Judgment & Collection (Immediately – Ongoing)
If the court rules in your favor:
- You’ll receive a judgment for the amount owed (plus court costs)
- You may begin collecting immediately if they don’t pay voluntarily
Common collection options:
- Wage garnishment
- Bank account levy
- Property lien
Judgments earn 10% annual interest until paid.
Total Timeline: What to Expect
Action Step | Estimated Time |
Prep + Attempt to Settle | 1–2 weeks |
File and Serve | 1–2 weeks |
Court Hearing | 30–70 days after filing |
Judgment Collection | Immediately – ongoing |
Typical case resolution time: 45–90 days
Want to Save Time and Avoid Mistakes?
Filing a small claims case in California is faster and easier when you have a trusted process.
At Countrywide Process, we help you:
- Prepare your claim
- File with the right court
- Serve the defendant legally
- Track your case through judgment