Sue for a Refund in Small Claims Court California

When a Business Won't Give Your Money Back

You paid for something, didn't get what was promised, and the seller won't refund you. California small claims court exists for exactly this situation — claims up to $12,500 for individuals, $6,250 for businesses (CCP § 116.220–116.221).

Common refund disputes that land in small claims:

• A product arrived defective and the seller refuses a return
• A service was never performed or done so poorly it has to be redone
• A merchant charged you for something you cancelled within the allowed window
• A deposit was taken and the work never started

Send the Demand Letter First

Before you file, CCP § 116.320 requires you to request payment from the other side unless doing so is impractical or impossible. Send a written demand letter that states what you paid, what went wrong, and the specific dollar amount you want back. Give them a reasonable deadline; the statute sets no fixed number of days.

Send it by certified mail so you have a delivery receipt for the judge. If the business has a registered address different from its storefront, send a copy to both.

Details on structuring your letter: small claims demand letter California.

Identifying the Right Defendant

This is where consumer refund cases often go wrong. You need to sue the correct legal entity, not just the trade name on the receipt.

• Sole proprietor with a DBA: Search county fictitious business name records to find the individual owner. Name them personally alongside the business name.
• Corporation or LLC: Look up the entity on the California Secretary of State's bizfile portal (bizfileonline.sos.ca.gov). The claim must use the registered entity name, and service goes to the Agent for Service of Process listed there.
• Online seller: For a consumer obligation, CCP § 395(b) allows filing in the county where you signed the contract, lived when you signed it, or live now. Service is a separate issue: CCP § 116.340 generally prohibits serving an out-of-state defendant outside California, with two narrow exceptions: a claim directly involving California real property owned by the defendant, or an out-of-state driver or vehicle owner involved in an accident on a California public highway.

More on suing businesses: how to sue a business in small claims California.

What to Bring to Court

Refund cases turn on proof of payment and proof the product or service failed to deliver what was promised. Organize these into a binder with three copies:

1. Receipt or invoice showing the amount you paid and the date
2. The seller's advertising, contract, or written promises — screenshots of the product listing, email confirmations, service agreements
3. Evidence of the defect or non-performance — photos of the broken product, correspondence where you reported the problem, an expert's written assessment if applicable
4. Your demand letter and the certified mail receipt showing it was delivered
5. Any response from the seller — emails, texts, or written replies refusing the refund

Filing Fees and Venue

You file at the courthouse in the county where the transaction took place, where the contract was signed, or where the defendant has a place of business (CCP § 116.370). For consumer transactions, CCP § 395(b) specifically protects buyers: you can file where you signed the contract, where you lived when you signed it, or where you currently live.

Filing fees: $30 (claims up to $1,500), $50 ($1,500.01–$5,000), or $75 ($5,000.01–$12,500). Fee waivers are available if your income qualifies — see fee waiver details.

At the Hearing

The judge will ask what you bought, what went wrong, and what you've done to resolve it. Keep it factual: "I paid $X for Y on this date. Here's the receipt. The product was defective — here are the photos. I sent a demand letter on this date asking for a refund. They refused."

California's Consumer Legal Remedies Act (CLRA, Civil Code § 1750 et seq.) and the Song-Beverly Consumer Warranty Act can strengthen certain claims, but you don't need to cite statutes. Present the facts clearly and let the judge apply the law.

After You Win

A judgment in your favor doesn't force the business to hand you a check on the spot. A defendant may appeal an adverse judgment within 30 calendar days after the clerk mails the Notice of Entry of Judgment (Form SC-130). Collection enforcement generally waits until that appeal period closes. If the judgment remains unpaid, you can pursue judgment collection through bank levies or wage garnishment.

For a complete walkthrough of every step — from the demand letter through service, the hearing and collection — our California small claims filing guide puts the whole process in order with a deadline calendar.

See more California guides →