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California Small Claims Court Limits
Individuals can sue for up to $12,500. Businesses and other entities are limited to $6,250. You can file up to 2 claims over $2,500 per year.
Court Name: Small Claims Division of Superior Court
Official Website: https://www.courts.ca.gov/selfhelp-smallclaims.htm
Filing Fees in California
Filing fees vary based on the amount you're claiming:
| Claim Amount | Filing Fee |
|---|---|
| Under $1,500 | $30 |
| $1,500 - $5,000 | $50 |
| $5,000 - $12,500 | $75 |
Fee waivers available for low-income plaintiffs.
Serving the Defendant
You cannot serve the papers yourself. Must use a third party over 18.
Allowed Service Methods:
- Personal service
- Substituted service
- Certified mail (with restrictions)
Important: You must serve the defendant at least 15 days before the hearing date.
What to Expect at Your Hearing
After filing, you'll typically wait 30-70 days for your hearing date.
No Lawyers Required: Attorneys cannot represent parties in small claims court, but can provide advice outside court.
Appeals
Defendant can appeal within 30 days. Plaintiff cannot appeal.
California Statute of Limitations
You must file your lawsuit within these time limits from when the dispute occurred:
| Type of Claim | Time Limit |
|---|---|
| Written Contract | 4 years |
| Oral Contract | 2 years |
| Property Damage | 3 years |
| Personal Injury | 2 years |
Do I Need a Demand Letter Before Filing?
While not legally required, sending a demand letter before filing often resolves disputes faster and shows the court you attempted to settle.
Create Your Free Demand Letter
Before going to court, try sending a demand letter. It's free, takes 5 minutes, and often resolves disputes without filing.
Create Free Demand LetterFrequently Asked Questions
What is the small claims court limit in California?
The California small claims court limit is $12,500 for individuals and $6,250 for businesses and other entities.
How much does it cost to file a small claims case in California?
Filing fees range from $30 (claims under $1,500) to $75 (claims $5,000-$12,500). Fee waivers are available for qualifying low-income plaintiffs.
Can I have a lawyer in California small claims court?
No. Attorneys cannot represent parties during small claims hearings in California. However, you can consult with a lawyer before your hearing.
Do I need to send a demand letter before filing in California?
No, it's not legally required. However, sending a demand letter is recommended as it often resolves disputes without court and demonstrates good faith to the judge.
More Resources: All State Guides | Demand Letter Templates | Statute of Limitations Lookup