Small claims
The court where no lawyer is allowed.
California small claims is the one courtroom designed for people representing themselves. No attorney may speak for either side, the hearing is usually inside two or three months, and the judge will let you tell the story in plain English. What trips people up is never the hearing. It is the paperwork before it.
The three numbers that decide your case
Code Civ. Proc. section 116.221. Ask for a dollar more and the clerk sends you to civil court.
If you are suing as an LLC or corporation rather than as yourself, the ceiling is half.
It scales with the amount you ask for, and it is waived entirely if you qualify for FW-001.
What actually has to happen
In order. Skipping any one of these is the reason most small claims cases get bounced at the window or lost at the hearing.
1.Ask them to pay, in writing
RequiredForm SC-100 asks under oath whether you demanded payment before filing. A dated letter is the proof, and a surprising number of defendants pay once they get one. If you have no way to reach them, the form lets you say so.
2.Get the name exactly right
Do not guessYou sue the legal entity, not the sign on the door. A judgment against a name that does not exist is uncollectable, so a business defendant has to be named as it is registered with the Secretary of State.
3.File in the right courthouse
VenueUsually where the defendant lives or does business, or where the deal was made or broken, or where the injury happened. The form asks which reason applies to you.
4.Serve the papers correctly
Not by youYou may never hand the papers over yourself. A sheriff, a registered process server, or any adult who is not part of the case does it, and the proof of service is filed with the court before the hearing.
5.Show up with your evidence
Hearing dayBring three copies of every contract, text, photo, receipt, and estimate. The judge decides on the spot in most cases, and there is no second bite for a plaintiff who loses.
6.Then collect the money
After the winThe court does not collect for you. Roughly half of small claims judgments are never paid because the winner never took the next step.
The deadline nobody checks first
The statute of limitations runs from the day the harm happened, not the day you gave up trying to work it out. Four years on a written contract, two years on an oral one, two years for personal injury, three years for property damage or fraud.
Suing a city, county, or state agency is different and much shorter: you generally have six months to file a government claim before you may sue at all.
Once the deadline passes, the defendant only has to say so and the case ends, no matter how right you are. We check the date you give us against the claim type before we build anything.
What the court requires
- SC-100
- Plaintiff's Claim and Order to Go to Small Claims Court. The claim itself: who, how much, why, where, and whether you asked to be paid.
- SC-100A
- Other Plaintiffs or Defendants. Attached automatically whenever more than one person or business is on either side.
- SC-103
- Fictitious Business Name. Required if you are suing under a dba. Without it the court can dismiss the case.
- FW-001
- Request to Waive Court Fees. Included when you tell us you cannot afford the filing fee. The clerk usually rules the same day.
- SC-104
- Proof of Service. Filed after service to prove the defendant actually got the papers.
Filing rules change by county
Each Superior Court sets its own hours, e-filing rules, drop box policy, and small claims calendar. We keep a page for every California county with the courthouse address, the current fees, and how that clerk wants the packet handed in.
What you get
Answer the questions in your own words, by voice or by typing, and we assemble every form the court requires, filled in and consistent across the whole packet.
- SC-100 completed from your answers, with the caption formatted the way the clerk expects
- SC-100A and SC-103 added automatically when your case needs them
- A demand letter you can send first, dated and ready to mail
- Fee waiver forms FW-001 and FW-003 if you cannot afford the filing fee
- Proof of service, plus instructions for whoever serves the papers
- A filing checklist: where to go, what it costs, how many copies, what to bring to the hearing
No subscription and no per-page charge. If you qualify for a fee waiver you are already at the lowest price we charge.
Start my small claims caseFree to go all the way through. You only pay to unlock the clean, filing-ready packet.
If you are owed more than $12,500, want an order making someone do something rather than pay, or are defending an eviction, small claims cannot help. We will tell you that during the interview and point you at the right track instead of taking your money.
Questions people actually ask
- Do I need a lawyer?
- You are not allowed to bring one to the hearing. Both sides speak for themselves, which is exactly why this court exists.
- How long until my hearing?
- Most California courts set small claims hearings 30 to 70 days out from filing, sooner in smaller counties.
- What if I am owed more than the limit?
- You may waive the excess and sue for $12,500, which many people do because it is faster and cheaper. You cannot split one debt into two claims to get around the ceiling.
- How many times can I file?
- Twice a year for claims over $2,500. There is no limit on smaller claims.
- What if the defendant does not show up?
- You can win by default, but only if your proof of service was filed correctly. That is why we build it with the packet instead of leaving it to you.
- They ignored the judgment. Now what?
- A judgment is permission to collect, not payment. You can garnish wages, levy a bank account, or put a lien on property, and we build that packet too.
file my case is not a law firm and does not give legal advice. We prepare documents from the information you provide. Deciding whether to sue, and for how much, is your decision.