Choosing a court
Small claims or civil court
This is the first real decision in your case, and the law makes most of it for you. What is left is a genuine trade-off worth understanding before you commit.
The law decides most of it
A person can claim up to $12,500 in small claims; a business is capped at $6,250. Anything larger goes to civil: limited civil up to $35,000, unlimited above it.
You can waive the excess and stay in small claims for a faster, cheaper case. That waiver is permanent, so weigh it against what you can actually prove.
What small claims gives you
One form instead of a drafted complaint. A $30 to $75 fee instead of hundreds. A hearing in 30 to 70 days instead of a year or more. No attorney on the other side, because none are allowed at the hearing. A judge who expects plain speech, not legal argument.
What small claims costs you
The ceiling is hard: the judge cannot award more than the limit even when you were owed more. There is no discovery, so you cannot force the other side to hand over documents before the hearing. And as the plaintiff you cannot appeal a loss, while the defendant can.
What civil gives you
No ceiling, real discovery, and the ability to plead multiple causes of action with the damages attached to each. The cost is a formal complaint on numbered pleading paper, a summons, a cover sheet, a higher fee, and a slower calendar. It is the right venue when the amount or the complexity justifies the work.
Not sure which one you are in?
Tell us what happened and the amount, and the track picks itself. Small claims packets are $99, civil packets are $249.
See what each packet includesKeep reading
- How to sue someone in CaliforniaThe whole process, from deciding what to ask for to getting the papers served, without hiring anyone.
- How to answer an eviction in CaliforniaTen court days, one form, and the defenses most tenants never know they have.
- Filing fees and fee waiversWhat the clerk charges, and the form that makes the charge go away if you qualify.
file my case is a self-help document preparation service, not a law firm, and this page is not legal advice. Deadlines and fees change; confirm yours before you file.