Small claims court is the people's court — California's simplified procedure where litigants represent themselves to resolve money disputes up to $12,500 (natural persons) or $6,250 (corporations and other entities). Attorneys are barred from representing parties at the initial hearing (CCP §116.530), and the filing fee is low (typically $30-$75 depending on the amount claimed, with fee waiver available).
Jurisdictional limit
As of January 1, 2024, the limit is $12,500 for a natural person and $6,250 for a corporation, partnership, or other legal entity (CCP §116.221). A natural person may not file more than two claims above $2,500 in the same calendar year statewide (CCP §116.231) — this throttles plaintiffs who would otherwise repeatedly split larger disputes into multiple small claims to avoid superior court.
Process timeline
- Demand letter (optional but recommended). A pre-suit demand letter signed by the plaintiff often resolves the dispute and is required by some statutory schemes before suit.
- SC-100 — Plaintiff's Claim and ORDER. File at the courthouse where the defendant lives, where the contract was performed, where the injury occurred, or where the property is located.
- Service. Defendant must be served at least 15-20 days before the hearing (CCP §116.330), by sheriff service, registered process server, or anyone over 18 not a party. SC-104 proof of service is filed with the court.
- Defendant's response. Defendant may file SC-120 (Defendant's Claim) to assert a counterclaim, must be filed at least 5 days before the hearing.
- Hearing. Informal, before a judge or commissioner. No attorneys (except for parties who appear pro se and happen to be attorneys for themselves). Both sides present evidence, witnesses, and documents.
- Judgment. Court issues SC-130 (Notice of Entry of Judgment). Defendant who loses has the right to appeal to superior court within 30 days; plaintiff who loses on their claim cannot appeal.
- Collection. Winning plaintiff uses post-judgment forms (SC-133 memorandum of costs, EJ-001 abstract of judgment, WG-001 wage garnishment, etc.) to collect.
Forms we prepare
- SC-100 — Plaintiff's Claim and ORDER
- SC-100A — Attachment for additional plaintiffs/defendants
- SC-104 — Proof of Service
- SC-104A/B/C/D — Service methods (server, certified mail, etc.)
- SC-120 — Defendant's Claim and ORDER (counterclaim)
- SC-130 — Notice of Entry of Judgment
- SC-133 — Plaintiff's Memorandum of Costs
- SC-140 — Request to Pay Judgment in Installments
- FW-001 — Request to Waive Court Fees
- FW-003 — Order on Court Fee Waiver