Small claims court in California (2026)

California small claims at a glance

Most you can sue for

$12,500 ($6,250 for a business)

Court

Small claims division of the Superior Court

Filing fee

$30–$100

Lawyers

Not allowed

Appeal

Defendant only, 30 days

Ask for payment first

Required

Can you sue in California small claims?

Enter the amount and the date it happened. Nothing you type leaves your browser.

Where to file and how much

• Court. Small claims cases are heard by the superior court in each county. File where the defendant lives or the business is located, where the damage or accident happened, where the contract was signed or carried out, or (for a corporation) where the contract was broken; special venue rules apply to retail installment and vehicle finance contracts.
• Limit. Natural persons (including sole proprietors) may sue for up to $12,500; businesses and public entities up to $6,250. No one may file more than two small claims over $2,500 each in a calendar year (local public entities are exempt for claims up to $5,000). Different limits apply to claims against a guarantor (CCP 116.220(c)). You may waive the excess to stay in small claims. As of 10/1/2025, landlords cannot bring COVID-19 rental debt over $12,500 in small claims. (in force since January 1, 2024)
• Filing fee. Statewide: $30 for claims of $1,500 or less; $50 for $1,500.01-$5,000; $75 for $5,000.01-$12,500 (natural persons). Anyone who filed more than 12 small claims in California in the previous 12 months pays $100. Fee waivers are available.

Who can sue and who can speak in court

• You must be 18 or older (a minor needs a guardian ad litem). A corporation appears through an employee, officer or director, and other entities through a regular employee, not someone hired only to appear (file form SC-109). Lawyers cannot represent parties at the small claims trial. With two technical exceptions, the plaintiff must be the original owner of the claim; an assignee cannot sue.
• A collection agency or anyone who was assigned or bought the claim can't file it in small claims.
• Before you file. A person who sues in small claims court must first make a demand, if possible: ask the defendant to pay (or return the property) and be refused. Claims against a government agency first require a claim filed with the agency.
• Jury and moving the case. No jury; a judge decides the informal trial. A defendant's claim above the small claims limit that arises from the same transaction can be filed in the proper court with a motion to transfer the whole case there.

How long you have to sue in California

The general statute of limitations, counted from the day the agreement was broken or the damage happened. Written contract: 4 years from breach. Oral contract: 2 years from breach. Book or account stated: 4 years. Injury to personal property, trespass on or injury to real property: 3 years. Personal injury: 2 years. Claims against public entities require a claim to the entity within 6 months or 1 year.

Law: CCP 337(1), 339(1), 338(b)-(c), 335.1 (Superior Court of Santa Clara County statute of limitations table)

After the hearing: appeals and collecting

Who can appeal

Only the defendant can appeal; the person who sued can't.

Kind of appeal

A new trial in a higher court

Deadline

The losing defendant may appeal within 30 days from when the Notice of Entry of Judgment (SC-130 or SC-200) was handed or mailed to them, but only if they went to the trial; a defendant who missed the trial must instead ask the court to vacate (cancel) the judgment (180 days from learning of it if never properly served). The plaintiff cannot appeal the judgment on their own claim (only on a defendant's claim they lost). The appeal is a new trial before a different judge; lawyers are allowed. Fee $75.

Collecting the money

Collection waits until the 30-day appeal period ends. The creditor gets a writ of execution to garnish wages or levy bank accounts, or records an abstract of judgment for a property lien; the debtor must send a Statement of Assets (SC-133). Wage garnishment is capped at the lesser of 20% of disposable earnings or 40% of disposable earnings above 48 times the minimum hourly wage per week. A judgment lasts 10 years and can be renewed (since 2023, judgments against individuals for medical debt under $200,000 or personal debt under $50,000 can be renewed only once, for 5 years).

Good to know in California

• Each county must provide free small claims advisor help.
• The defendant must be served at least 15 days before trial (20 days if outside the county).
• A defendant's claim must be served at least 5 days before trial.
• A defendant who missed the trial may ask to vacate the judgment instead of appealing.

Official help and forms

• California courts: small claims self-help
• California small claims forms
• Write a demand letter before you file (free, stays in your browser)

Sources

• SC-100-INFO Information for the Plaintiff (Judicial Council of California) (read October 18, 2026)
• Small claims in California (California Courts Self-Help Guide) (read October 18, 2026)
• Appeal or pay a small claims judgment (California Courts Self-Help Guide) (read October 18, 2026)
• How to collect your money (California Courts Self-Help Guide) (read October 18, 2026)
• Statewide Civil Fee Schedule effective January 1, 2026 (read October 18, 2026)
• Statute of limitations table (Superior Court of California, County of Santa Clara) (read October 18, 2026)
• Collecting your judgment (Los Angeles County Dept. of Consumer and Business Affairs) (read October 18, 2026)
• Official source (verifier) (read October 18, 2026)
• Official source (verifier) (read October 18, 2026)
• Official source (verifier) (read October 18, 2026)

Court information, not legal advice. Limits and fees change — confirm with the court before you file. How we check: methodology.