What’s Required to Start a Small Claims Case in California?
Thinking about filing a small claims case in California?
Good news — the process is designed for everyday people, and you don’t need a lawyer.
However, you do need to meet a few basic requirements before the court will accept your case.
Here’s everything you need to start your California small claims case the right way.
1. You Must Have a Valid Legal Claim
California small claims court handles civil disputes where you’re primarily asking for money damages.
Common examples include:
- Unpaid wages or invoices
- Property damage
- Breach of contract
- Refunds for defective goods or services
- Landlord-tenant deposit disputes
Note: Small claims court cannot handle cases involving child custody, evictions, or complex lawsuits over more than $12,500.
2. Your Claim Amount Must Be Within the Limit
California small claims court limits the amount you can sue for:
| Party Type | Maximum Claim Amount |
| Individual | $12,500 |
| Business or Entity | $6,250 |
If your case is worth more than the limit, you must waive the extra amount or file in a higher court.
3. You Must File Within the Statute of Limitations
Every case must be filed within a time limit based on when the issue happened:
| Type of Dispute | Deadline to File (Statute of Limitations) |
| Written Contract | 4 years |
| Oral Contract | 2 years |
| Property Damage | 3 years |
| Personal Injury | 2 years |
| Attorney Fee Dispute (After Arbitration) | 1 year |
Tip: File as soon as possible while evidence and witness memory are fresh.
4. You Must Have Key Information Ready
Before filing, you’ll need:
- Full legal name and address of the person or business you’re suing
- Total amount you’re seeking (including any interest or court costs)
- Copies of contracts, invoices, receipts, communication, or any evidence
- Proof that you attempted to resolve the dispute (e.g., demand letter)
Need help writing a demand letter?
Our tool generates it for you automatically when you start your claim.
5. You Must Complete the Proper Court Forms
At minimum, you’ll need to fill out:
| Form Name | Form Number |
| Plaintiff’s Claim and Order to Go to Small Claims Court | SC-100 |
| Other Plaintiffs or Defendants (Attachment) (if needed) | SC-100A |
| Fictitious Business Name Declaration (for DBAs) | SC-103 |
| Attorney Fee Dispute (After Arbitration) Attachment (only if needed) | SC-101 |
You must also file these with the correct California Superior Court and pay the filing fee.
Want help filling these out?
Use our guided tool to complete and file everything online
6. You Must Serve the Defendant Correctly
After filing, the law requires that you serve the person or business you’re suing with a copy of the lawsuit.
Options include:
- Professional process server
- Sheriff (where available)
- Friend or third party (18+, not involved in the case)
You cannot serve the defendant yourself.
Personal Service must happen at least:
- 15 days before the hearing (if defendant is in the same county)
- 20 days before (if defendant is in another county)
Substituted Service must happen at least:
- 25 days before the hearing (if defendant is in the same county)
- 30 days before (if defendant is in another county)
We handle professional service of process for you too!
Learn more here
Quick Requirements Checklist to Start Your Case
- Your dispute involves money damages only
- The amount is within California small claims limits
- You’re filing within the statute of limitations
- You have the defendant’s name and address
- You have evidence and documentation
- You’ve completed the right court forms
- You have a plan to serve the defendant properly
Want to Save Time and Avoid Mistakes?
Filing small claims in California doesn’t have to be confusing or stressful.
At Countrywide Process, we help you:
- Fill out the correct forms
- File with the right court
- Serve the defendant
- Keep your case moving toward a hearing
Start Your California Small Claims Filing Now
Simple. Fast. Reliable.
