California Small Claims Court (2026): Limit, Fees & How to File

California built its small claims court for people who represent themselves. The forms are short, and most counties have a small claims advisor who gives free legal information. The catch is a handful of rules you need to know before you file. People and businesses get different limits. Individuals and businesses alike can file only two larger claims a year. And the appeal right runs one way.

This guide covers the California small claims court limit, the fees (including a fee change that starts January 1, 2027), who can sue whom, and each step from the demand letter to collecting your money. It also covers what to do if you are the one being sued. The rules below come from the Code of Civil Procedure, other California statutes and the California courts’ self-help center.

The California Small Claims Court Limit: $12,500 or $6,250

Who’s suing decides which of two limits applies:

Two recent laws shape these numbers:

The statute gives the higher limit to a “natural person,” meaning a real human being. An LLC or corporation falls under the $6,250 limit.

The two-per-year rule catches people by surprise. Here is how it works:

• You’ve already filed two claims over $2,500 anywhere in California this calendar year? A third one has to stay at $2,500 or less, or go to regular civil court.
• On any claim over $2,500, you file a declaration under penalty of perjury that you haven’t filed more than two such claims that year.
• Local government gets an exception. A city, county, school district or other local public entity is not held to the two-claim cap on claims of $5,000 or less, but it may not file in the small claims division for more than $5,000 (CCP §116.231(d)).

Claim bigger than the limit? The court can still hear it if you waive the excess. The waiver takes effect at judgment, and the extra money is gone for good (CCP §116.220(d)). The alternative is a limited civil case in superior court. The courts’ self-help center says those filing fees start at $225, a business entity has to have a lawyer there, and a case can take a year or longer.

As of October 1, 2025, a landlord can no longer sue in small claims court for unpaid COVID-19 rental debt above $12,500, according to the self-help center.

Filing Fees and Other Costs

Small claims filing fees are set by statute, in CCP §116.230:

Those are today’s fees. Assembly Bill 2781, in the table of laws above, moves the dividing line starting January 1, 2027. Under Government Code §9600(a), a statute enacted at a regular session goes into effect on January 1 next following a 90-day period from the date of enactment, except as subdivision (b) provides. AB 2781 is not an urgency statute, so it takes effect on January 1, 2027. File before then, and the fee table here applies.

On top of the filing fee, budget for service. Some courts let the clerk serve by certified mail for a $15 fee. Otherwise you pay a professional process server, or in some counties the sheriff, or you ask an adult who is not part of the case. Fee waivers use Judicial Council form FW-001, Request to Waive Court Fees. If you win, the court can order the losing side to pay your court fees and costs.

Who Can Sue, and Who You Can Sue

You can sue a person, a business or a government agency that you think owes you money. If you’re suing a city, county or state agency, talk to a small claims advisor before you file.

Name the defendant exactly. The claim form asks for the proper legal name of the person or business you are suing. Using a trade name? Include both, as in “Smith Enterprises LLC, doing business as Smith Roofing.”

Where to file is called venue. Venue here works like venue in other civil cases (CCP §116.370(a)). The self-help center puts the usual answer this way: file in the county where the other side lives or does business. For a broken agreement you can also file where the agreement was made, broken or supposed to happen, and for an injury or accident, where it happened.

Pick the wrong county and the court may dismiss your case, so you would have to start over. By statute the court dismisses without prejudice on its own motion if venue is improper, unless all defendants are present and agree to have the case heard anyway (CCP §116.370(c)(1)). A defendant can challenge venue by writing to the court and mailing a copy to the other parties, without going to the hearing (§116.370(b)).

Lawyers and the Small Claims Hearing

Under CCP §116.530(a), no attorney may take part in the conduct or defense of a small claims action, except as the section permits. Subdivision (b) lifts the bar when the attorney is appearing in one of three capacities:

• by or against himself or herself;
• by or against a partnership in which the attorney is a general partner and all the partners are attorneys;
• by or against a professional corporation of which the attorney is an officer or director and all other officers and directors are attorneys.

Subdivision (c) adds that the section does not stop an attorney from advising a party before or after the case begins, testifying to facts the attorney knows personally, representing a party in an appeal to the superior court, or representing a party in connection with enforcing a judgment.

If you are a business, the rule on who speaks for you is separate. A corporation may appear only through a regular employee, or an officer or director, who was not hired solely to represent the corporation in small claims court (CCP §116.540(b)). A party that is neither a corporation nor a natural person follows a similar rule, and a partnership can send a partner (§116.540(c)). Subdivisions (d) through (i) add narrow exceptions.

Most counties have a small claims advisor who gives free legal information. Under CCP §116.940(b), advisors cover filling out the court filings, procedures including the hearing, and collecting a judgment. A county with 1,000 or fewer small claims filings a year can exempt itself from the full service (§116.940(c)). Ask your court clerk what the local service offers.

How to File in California Small Claims Court, Step by Step

1. Ask for payment in writing. The claim form states whether the plaintiff, where possible, demanded payment (CCP §116.320). Save your demand letter and proof that you sent it.
2. Fill out Form SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court. Add Form SC-100A if you need room for other plaintiffs or defendants. A free app called Guide & File, linked from the self-help center, asks questions and fills the forms out for you.
3. File and pay the fee. File with the small claims clerk in the correct county, in person or by mail. Some courts allow e-filing. The clerk sets the hearing no earlier than 20 days and no more than 70 days from the date of the order (CCP §116.330).
4. Serve the defendant. The statute lists the ways to serve: the clerk mails the papers with a return receipt, the plaintiff has them delivered in person, or substituted service under CCP §415.20 (CCP §116.340(a)). In practice the self-help center says you can’t serve the forms yourself. Someone 18 or older who is not part of your case has to do it. If the defendant is not there, the server can hand the forms to an adult at the defendant’s home or work and mail a copy to that address.
5. Meet the service deadline. The statute sets it: complete service at least 15 days before the hearing if the defendant lives in the county where you filed, or at least 20 days before if the defendant lives outside that county (§116.340(b)).
6. File proof of service. Your server fills out and signs Form SC-104, and you file it at least 5 days before the hearing (§116.340(c)).
7. Gather your proof. The next two sections cover evidence, witnesses and what to bring.
8. Go to court. You speak first if you started the case. Expect a few minutes each, because other cases are set for the same time.

Evidence, Witnesses and Subpoenas

The order from the clerk tells both sides to come with witnesses and documents to prove their claim or defense (CCP §116.330(a)). Proof can be repair receipts, photos of damage, emails or business records, according to the self-help center. It warns that gathering what you need can sometimes take months. Start early.

Copy everything. Bring the original for yourself, a copy for the judge and a copy for the other side, sorted so you can find a receipt fast. If your hearing will be remote, ask the small claims clerk how to get your papers to the court.

You only need a subpoena if you can’t get a witness or a document to court voluntarily. Examples from the self-help center include security camera footage, the other side’s medical records or an apartment manager who can describe the unit’s condition. The steps are:

• Take a blank Small Claims Subpoena (Form SC-107) to the clerk, who signs and stamps it. Bring one for each person, business or agency.
• Deliver a copy in person. Anyone can serve a subpoena, even you, but it must be done in person by someone 18 or older and not by mail.
• Witnesses can ask for $35 a day and 20 cents a mile each way when you serve the subpoena, so be ready to pay it.

Need an interpreter? File Form INT-300 as soon as possible so the court has time to arrange one. For a disability accommodation, turn in Form MC-410 to the court’s ADA coordinator at least 5 days before your court date.

At the Hearing

A California small claims hearing is short and less formal than regular civil court. The judge has to follow the law, so a good story alone won’t win. These habits help:

• Open with one sentence: who owes you, how much and why.
• Carry a one-page cheat sheet with dates, amounts and your exhibit list.
• Show your math. A repair estimate or an invoice is stronger than your own guess.

If you have time before your date, go to court and watch some hearings. Before you walk in, look over the court forms you and the other side filed, if the other side filed anything, so you’re ready to talk about all of it.

The judge may decide right away or mail the decision later. Either way, the decision is written on a Notice of Entry of Judgment (Form SC-130). If the plaintiff doesn’t show up, the case will be dismissed. If the defendant doesn’t show up and the plaintiff can prove their case, the plaintiff will likely win, according to the self-help center.

Postponing, Dismissing or Settling a Case

Postponing. Either side can ask for a new court date, but the judge will only give one for a good reason. Ask at least 10 days before the court date if you can, using Form SC-150, Request to Postpone Trial, or a letter. You may owe a $10.00 filing fee if you are a plaintiff, or a defendant who was served on time. There is no fee if it is your first request and you need more time to find an interpreter. If the judge says no, the trial stays on the current date.

Dismissing. If you were paid or you changed your mind, file a Request for Dismissal (Form CIV-110). The form asks whether the dismissal is with or without prejudice. With prejudice means you cannot re-file your case ever. Without prejudice means you can re-file as long as you are still within the statute of limitations. If you already served the claim or a Defendant’s Claim was filed, you also fill out Form CIV-120, Notice of Entry of Dismissal and Proof of Service.

Settling. The self-help center says it is usually a good idea to wait to dismiss until after the other side pays or does what it agreed to do. Put the agreement in writing first.

If You Are Sued in California Small Claims Court: Your Options

If you receive Form SC-100, someone is suing you in small claims court, and the court has set a date to hear both sides. The self-help center lists your options:

• Reach an agreement. If there is no restraining order involved, you may be able to settle without going to court.
• Go to the court date and tell your side of the story.
• Sue back. Think the plaintiff owes you money? File and serve a Defendant’s Claim (Form SC-120) and go to the same court date. Can’t afford the filing fee? Ask for a fee waiver.
• Do nothing. If you were served correctly and skip the court date, the judge decides without your input and you will probably lose and owe money.

A Defendant’s Claim has its own service deadline. Someone 18 or older, not you or anyone in the case, must deliver it at least 5 days before your court date if you were served with the plaintiff’s claim more than 10 days before your court date. If you were served 10 days or less before, the deadline is at least 1 day before.

Appeals: The Plaintiff Cannot Appeal Their Own Claim

California’s appeal rule is one-sided. In CCP §116.710 the plaintiff has no right to appeal the judgment on their own claim. Because the plaintiff cannot appeal, prepare your evidence before the hearing. The defendant can appeal, and a plaintiff can appeal the judgment on a claim the defendant filed against them. The case goes to superior court, where a different judge who doesn’t know what happened at the first trial hears it again. A defendant’s insurer can appeal too, if the judgment exceeds $2,500 and the insurer stipulates that its policy covers the matter.

The notice of appeal (Form SC-140) is due no later than 30 days after the clerk delivers or mails notice of entry of judgment. Late is too late, because a notice filed after the deadline is ineffective (CCP §116.750). The self-help center lists a $75 fee, with a fee waiver available. The judge can order the side that filed the appeal to pay the other side up to $150 in attorney fees and up to $150 for lost pay, reasonable transportation and hotel costs related to the appeal.

If You Missed the Hearing: Motion to Vacate

An appeal is not for you if you missed the court date. A defendant who did not appear at the hearing has no right to appeal, but may file a motion to vacate the judgment and may appeal the denial of that motion (CCP §116.710(d)). A plaintiff who did not appear may also file a motion to vacate (§116.710(a)).

The self-help center explains the steps. You need a good reason for missing the date, such as a serious emergency or never receiving the court forms. File a Notice of Motion to Vacate Judgment and Declaration (Form SC-135) within 30 days from when the judge’s decision was mailed to you, and pay a $20 filing fee. If the other side didn’t serve you the claim the right way, you have 180 days from when you found out or should have found out about the judgment. If the judge cancels the decision, you may have a new trial that day or another day.

Collecting Your California Small Claims Court Judgment

You must wait at least 30 days after you were handed or mailed the Notice of Entry of Judgment to collect, so the other side can appeal or ask the court to vacate. After that, if the defendant has not paid:

• Statement of assets. Under CCP §116.830 the losing party fills out Form SC-133, Judgment Debtor’s Statement of Assets, and must get it to you within 30 days after the clerk mails notice of entry of judgment. A willful failure can lead to contempt sanctions.
• Debtor’s exam. If you don’t get the SC-133, or need more detail, you can ask for a court date where the debtor answers questions about income and property. The self-help center lists a $60.00 filing fee.
• Writ of execution. The clerk issues this court order (Form EJ-130) for a $40 fee that can be added to what you are owed. It tells the sheriff or another levying officer to collect, and it expires in 180 days. You can’t do the levy yourself.
• Abstract of judgment. A clerk certifies this written summary of what is owed, for a fee of about $40, and you use it to put a lien on the debtor’s real estate.

The court won’t collect for you. Your judgment expires in 10 years unless you renew it. You must renew before the 10 years pass, and the earliest you can renew is after 5 years. The self-help center lists a $45.00 filing fee. One limit: a judgment against a person for a medical expense under $200,000 or a personal debt under $50,000 can be renewed only once, for 5 years.

You can ask to add collection costs: what you paid the court, a government agency such as the sheriff’s office or DMV, or a process server. Interest generally runs at 10% a year (CCP §685.010). According to the self-help center, the rate is 7% if the debtor is a government agency. It drops to 5% for a judgment entered on or after January 1, 2023 against a person on a medical-expense claim under $200,000 or a personal-debt claim under $50,000. More ways to get paid are in our guide on how to collect money owed.

If you are the one who owes. The judge can order payments over time if you ask. You file Form SC-220, Request to Make Payments, with Form EJ-165, a financial statement. The other side has 10 days to respond. The judge can stop interest from being added if you have a payment plan.

Common California Small Claims Cases

The self-help center’s examples show how the rules apply:

• Security deposits. A landlord must send an itemized statement and return the rest of the deposit no later than 21 calendar days after the tenant has vacated (Civ. Code §1950.5(h)). Keeping it in bad faith can cost the landlord statutory damages of up to twice the amount of the security, plus actual damages (§1950.5(m)). Small claims court works if the claim is within the limit (§1950.5(o)). Our security deposit demand letter is a good first step.
• Unpaid loans. In the center’s example of a $5,000 loan repaid at $100 a month, a lender who has missed two payments can sue only for the missed payments ($200), unless the agreement says something else.
• Car accidents. You would sue the person who hit your car if it was their fault. The owner can be a defendant too, if that is a different person. Bring repair receipts and photos of the damage.
• Money, not orders. Generally, small claims cases are about money, not about a judge ordering someone to do or not do something. In some cases the judge may grant rescission, restitution, reformation or specific performance, in lieu of or in addition to money damages (CCP §116.220(b)).

How California Compares

Our small claims table lists 51 jurisdictions (the 50 states and DC). California’s $12,500 limit for individuals is higher than the limit listed for 41 of the other 50 jurisdictions, and 9 list a higher one. California pairs that limit with a $6,250 cap for businesses and two large claims a year. For the limit, fee and court in other jurisdictions, see our small claims court limits by state table.

Frequently Asked Questions

What is the California small claims court limit in 2026?

$12,500 for an individual, $6,250 for a business or other entity. Apart from local public entities (CCP §116.231(d)), nobody may file more than two claims over $2,500 in a calendar year anywhere in California.

What does it cost to file in California small claims court?

It’s $30 for a claim of $1,500 or less, $50 up to $5,000 and $75 above $5,000. File more than 12 other small claims in the state within 12 months and the fee is $100. Service costs are extra, and fee waivers are available. A new law changes the middle tiers starting January 1, 2027.

Can I have a lawyer in California small claims court?

No attorney may take part in the conduct or defense of a small claims action, except as CCP §116.530 allows. The exceptions: an attorney acting for himself or herself, and certain all-attorney partnerships and professional corporations. An attorney may still advise you, testify to personal knowledge, and represent you on appeal or in enforcing the judgment.

How long does a California small claims court case take?

The hearing is scheduled 20 to 70 days after you file. The court’s self-help center says you typically have a court date in about one to two months. Wait at least 30 days after the judgment before collecting. That gives the other side time to appeal or ask to vacate.

Can the plaintiff appeal in California small claims court?

No. The plaintiff cannot appeal a judgment on their own claim. The defendant can appeal, within 30 days after the notice of entry of judgment is mailed or delivered.

Can a business sue in California small claims court?

Yes, for up to $6,250. A corporation appears through a regular employee or an officer or director, not through someone hired solely to represent it in small claims court (CCP §116.540). A partnership can send a partner. Subdivisions (d) through (i) add narrow exceptions.

ClearLegalTips

ClearLegalTips is an independent publisher of plain-English legal guides, free document templates, and cost calculators for common U.S. legal tasks. Every article is reviewed by founder and editor Fatih Öztürk and fact-checked against official sources: statutes, court fee schedules, and government filing pages. Not a law firm; nothing here is legal advice.