How to Sue for an Unpaid Invoice in Small Claims Court in California

You finished the work, sent the invoice, followed up three times, and the client still hasn't paid. California small claims court lets you recover up to $12,500 as an individual (or $6,250 if you're suing as a business entity) without hiring an attorney. Trial dates are generally set 30 to 70 days after filing; service and collection can extend the timeline.

Check Your Claim Limit: Individual vs. Business Entity

Your claim limit depends on how you're filing. A sole proprietor or individual freelancer can sue for up to $12,500. If you're filing as a corporation, LLC, or partnership, the cap drops to $6,250.

If you do business under a trade name (a DBA), you'll need to file Form SC-103 (Fictitious Business Name Declaration) alongside your claim. This form proves you own the business name and have the right to sue under it.

The four-year statute of limitations for written contracts (CCP § 337) gives you time, but don't wait — memories fade, witnesses move, and companies dissolve. For oral agreements, the window is only two years (CCP § 339).

Identify the Right Defendant

Getting the defendant's legal name wrong can make a judgment difficult to enforce; a business's street sign or Instagram handle is not necessarily its legal name. Verify the legal identity before filing.

Sole proprietors using a DBA: Search the county clerk's fictitious business name records in the county where the business operates. Name both the individual owner and the trade name on your filing (e.g., "John Smith, individually and dba Bright Pixel Design").

Corporations and LLCs: Go to the California Secretary of State's bizfile portal (bizfileonline.sos.ca.gov) and search for the company. The filing shows the entity's exact legal name, its status (active, suspended, dissolved), and its registered Agent for Service of Process — the person or company designated to receive legal documents.

Out-of-state companies doing business in California: They should have a registered agent on file with the Secretary of State. Service through the Secretary of State is available only after the statutory due-diligence steps and a court order; it is not an automatic substitute for the registered agent.

Send a Demand Letter First

Form SC-100 requires you to declare that you demanded payment before filing. Write a clear letter stating the amount owed, a reference to the invoice or contract, a payment deadline (14–30 days), and a statement that you'll file in small claims court if the balance isn't resolved.

Send it certified mail with return receipt requested. Keep the tracking number and the signed green card — you'll present them as evidence at the hearing.

File and Serve Your Claim

File Form SC-100 at the courthouse in the county where the defendant's business is located, where the contract was signed, or where the work was performed. Filing fees are $30 (claims up to $1,500), $50 ($1,500.01–$5,000), or $75 ($5,000.01–$12,500).

You cannot serve the papers yourself. A third party — a friend over 18, a professional process server, or the county sheriff — must deliver them. For a corporation or LLC, serve the registered Agent for Service of Process listed in the Secretary of State records. The server completes Form SC-104 (Proof of Service), which you file with the clerk at least 5 court days before the hearing.

Prepare for the Hearing

Organize four identical evidence packets:

• The contract or agreement (written or email confirmation of scope and price)
• The invoice(s) showing the amount due and date(s) sent
• Proof you completed the work (deliverables, photos, client communications acknowledging receipt)
• The demand letter and certified mail receipt
• Any payment history (partial payments received)
• Email or text exchanges about the dispute

Hearings last about 10–15 minutes. The judge will ask what you were hired to do, whether you completed the work, how much you're owed, and what the client's response has been. Stick to the facts and let your documents tell the story.

After the Judgment

If the judge awards you the amount, the defendant can appeal within 30 days after the clerk mails or delivers the Notice of Entry of Judgment if they appeared at the hearing. A defendant who missed the hearing can move to vacate within 30 days after the clerk mails the notice; if they were not properly served and did not appear, the deadline is 180 days after they discover or should have discovered the judgment. If the motion is denied, they have 10 days after the court mails or delivers notice of the denial to appeal. Once the applicable deadlines pass without a challenge, or a filed challenge and any follow-on appeal period end, if the judgment remains in place, you can pursue collection through a Writ of Execution (Form EJ-130) to garnish wages or levy bank accounts, or record an Abstract of Judgment as a lien.

The California small claims filing guide covers the entire sequence — from crafting your demand letter and identifying defendants to collecting your judgment — with printable checklists and a deadline calendar built around your hearing date.

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