How to File Small Claims Court California: Step-by-Step

Before You File: The Demand Letter

California law (CCP section 116.320) generally requires you to request payment before filing, unless making a demand is impractical or impossible. Form SC-100 includes a sworn declaration confirming you made the demand or explaining why you did not. A written letter is a practical way to document the request, but no particular letter format is required.

Send a written demand letter stating exactly what you are owed, how you calculated the amount, and a deadline for payment — 15 to 30 days is standard. Mail it by certified mail with return receipt requested so you have proof of delivery for the hearing.

Step 1: Verify Who You Are Suing

A judgment entered against the wrong name is unenforceable. If you are suing an individual, use their full legal name. If you are suing a business, verify the exact entity name:

• Sole proprietors operating under a DBA: Search County Clerk fictitious business name records to find the individual owner. Name both the person and the trade name on your claim (e.g., "Jane Doe, individually and dba Sunrise Bakery").
• Corporations and LLCs: Search the California Secretary of State's bizfile portal at bizfileonline.sos.ca.gov to confirm the registered entity name and the Agent for Service of Process.

Step 2: Determine Venue

File in the county where the defendant lives or does business, where the injury or property damage occurred, or where the contract was signed, performed, or breached. For consumer transactions, special venue rules may require filing in the county where you signed the contract, lived when you signed it, or currently live.

Use the Judicial Council court directory at courts.ca.gov/find-my-court.htm to locate the correct courthouse.

Step 3: Complete and File Form SC-100

Form SC-100 ("Plaintiff's Claim and ORDER to Go to Small Claims Court") is the primary filing document. Fill in the plaintiff and defendant names, the courthouse address, the dollar amount you are claiming, and a brief factual description of the dispute. If you are suing under a business name, also file Form SC-103.

You can file in person at the clerk's office, by mail with a self-addressed stamped envelope, or electronically through an approved e-filing service provider in counties that support it (including Los Angeles, Alameda, and Orange County). Filing fees run $30, $50, or $75 depending on the claim amount.

The clerk assigns your case number, schedules a hearing date 30 to 70 days out, and returns stamped copies for service.

Step 4: Serve the Defendant

You cannot serve your own papers. An adult who is not a party to the lawsuit must deliver a copy of the stamped SC-100 to the defendant. Options include a friend or family member over 18, the county sheriff ($50 per defendant), or a private process server (typically $50 to $200).

Timing matters. Service must happen at least 15 calendar days before the hearing for in-county defendants, or 20 calendar days for defendants in another county. For substituted service (leaving papers with another adult at the defendant's home or workplace plus mailing a copy), add 10 extra days.

Step 5: File Proof of Service

The person who served the papers completes Form SC-104 ("Proof of Service") describing how, when, and where service was made. This form must reach the clerk at least five court days before your hearing. Without it, the court may postpone or dismiss your case.

Step 6: Prepare for the Hearing

Organize your evidence into four identical sets: one for the judge, one for the opposing party, one for the clerk, and one for yourself. Bring the original contract, invoices, photographs, text messages, emails, repair estimates, and bank statements that support your claim.

Hearings are short — typically 10 to 15 minutes. The judge will ask each side to explain their position, review your documents, and may ask follow-up questions. Formal legal arguments are not needed, but relevant witnesses may testify; use Form SC-107 to subpoena a witness or records when necessary.

Step 7: After the Decision

The court mails its decision on Form SC-130. If you win and the defendant does not pay voluntarily after the 30-day period to appeal or seek to vacate expires, you move into enforcement — requesting a writ of execution (Form EJ-130), a bank levy, or wage garnishment.

Get the Full Filing Workflow

Each of these steps has its own timing requirements, forms, and potential pitfalls. The California Small Claims Filing Guide puts the entire sequence into a single workflow with a deadline calendar, a form-by-form walkthrough, and a service-of-process planner.

See more California guides →