How to Sue Someone in California Small Claims Court
Suing someone in California Small Claims Court is a straightforward way to resolve a legal dispute without needing a lawyer. Whether it’s a disagreement over unpaid services, property damage, or a broken agreement, the small claims process is designed to help everyday individuals and small business owners seek justice in a timely and cost-effective way.
Step 1: Determine if Your Case Qualifies
Small claims court is intended for simpler legal issues involving limited dollar amounts. In California:
- Individuals can sue for up to $12,500.
- Businesses (like LLCs or corporations) can sue for up to $6,250.
Common reasons for suing in small claims court include:
- Unpaid invoices or rent
- Damaged or stolen property
- Personal injuries
- Breach of verbal or written contracts
- Auto repair disputes
Learn more about what qualifies as a valid case and what documents you’ll need here: What You Need Before Starting a Claim
Step 2: Identify the Correct Defendant
Make sure you’re suing the right person or business entity. If it’s a business, verify their official name with the California Secretary of State or the local business license database. Incorrectly naming the defendant can result in a dismissal.
Step 3: Send a Demand Letter
California requires that you first ask for payment before filing your case. This step is called making a “demand”. Ideally, put your demand in writing and give a deadline to resolve the issue before you take legal action.
Step 4: Fill Out Court Forms
Complete Form SC-100: Plaintiff’s Claim and Order to Go to Small Claims Court.
You may also need:
- SC-103 (if using a fictitious business name)
- SC-104 (Proof of Service)
You can fill these out manually or use an online guided interview to complete and file them.
Explore our platform that helps you prepare your forms and generate everything you need: Prepare, File, and Serve
Step 5: File Your Claim
File your claim at the correct courthouse:
- Based on where the defendant lives or does business
- Or where the incident occurred
Filing fees range from $30 to $75 depending on the amount you’re suing for.
You can file:
- In person
- By mail
- Online (in most California counties)
Step 6: Serve the Defendant
You are legally required to notify the defendant. This is called service of process. It must be done by someone 18 or older who is not a party to the case. Options include:
- A registered process server
- A friend or relative (over 18)
- The sheriff (in some counties)
The defendant must be served at least:
- 15 days before the hearing (if in the same county)
- 20 days before the hearing (if in a different county)
Step 7: Prepare for Court
Gather all supporting documents:
- Contracts
- Emails or texts
- Photos
- Receipts
- Witness statements
Create a timeline of events to explain your side clearly and briefly to the judge. Dress respectfully and arrive early.
Step 8: Attend Your Hearing
At the hearing, both sides will present their evidence and answer the judge’s questions. The judge will usually make a decision the same day or mail it within a few weeks.
Step 9: Enforce the Judgment (If You Win)
If the judge rules in your favor, the court will issue a judgment. If the other party doesn’t pay voluntarily, you may need to collect using:
- Bank levies
- Wage garnishment
- Liens on property
Need Help Filing or Serving?
Our self-guided online platform walks you through each step of the process. We also offer professional filing and service of process throughout California.
Start here: countrywideprocess.com/contact-us or call (888) 962-9696
Conclusion
Suing someone in California Small Claims Court is easier than most people think. With the right preparation and guidance, you can present your case confidently and recover what you’re owed without the hassle of expensive attorneys.
