small claims

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 CaseDeadline to File (from date of incident)
Written contract4 years
Oral agreement2 years
Property damage3 years
Personal injury2 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.
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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:
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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?
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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.
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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.
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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 StepEstimated Time
Prep + Attempt to Settle1–2 weeks
File and Serve1–2 weeks
Court Hearing30–70 days after filing
Judgment CollectionImmediately – 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

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