California Small Claims Court: Limits, Fees & Process
Researched by the LawLintel Data Team · Sources verified 2026-08-24
- Claim limit
- $12,500 individuals / $6,250 businesses
- Filing fee
- $30–$75by claim amount; $100 for frequent filers
- Attorneys
- Not allowed at the hearing
- Court
- Superior Court — Small Claims Division
California's small claims division hears claims up to $12,500 for individuals and $6,250 for businesses and other entities. Filing fees are tiered by claim size — $30 up to $1,500, $50 to $5,000, $75 to $12,500 — with a $100 fee for anyone who has filed more than 12 small claims in the past year.
California is one of the few states that bars attorneys from representing parties at the small claims hearing itself: you present your own case. A lawyer may advise you beforehand and may appear if the case goes up on appeal. Only the defendant can appeal — a plaintiff who loses on their own claim cannot.
Costs & fees
| Item | Amount | Type |
|---|---|---|
| Filing fee — claims to $1,500 | $30 | Official fee |
| Filing fee — $1,500.01 to $5,000 | $50 | Official fee |
| Filing fee — $5,000.01 to $12,500 | $75 | Official fee |
| Clerk serves by certified mailGC 116.232; recoverable as costs if you win | $15 per defendant | Official fee |
| Sheriff serves in personstatutory statewide fee; waived with a court fee waiver | $40 per defendant | Official fee |
| Private process serverno official price exists — market figure | $40–$125 per defendant | Estimate |
| Appeal (defendant only) | $75 | Official fee |
Requirements
| Requirement | Rule |
|---|---|
| Who can sue | Individuals to $12,500; corporations/LLCs and other entities to $6,250 |
| Where to sue | County where the defendant lives/does business, or where the dispute arose |
| Attorney rule | No attorney representation at the hearing (advice before/after is fine) |
| Appeal | Defendant may appeal within 30 days for a new trial in superior court; plaintiff cannot appeal own claim |
The process, step by step
- Demand payment first. You must ask the defendant for payment before filing — a letter or invoice is enough.
- File Form SC-100. File the Plaintiff's Claim with the small claims clerk and pay the tiered fee (fee waiver: Form FW-001).
- Serve the defendant. Cheapest: the clerk serves by certified mail for $15. Alternatives: sheriff ($40, statutory), a private process server (market rates), or any adult non-party — completed at least 15–20 days before the hearing.
- Prepare and attend the hearing. Bring contracts, photos, estimates, witnesses. Hearings are short and informal; the judge often rules the same day or by mail.
- Collect the judgment. If the debtor doesn't pay, use wage garnishment, bank levy or liens — separate forms and fees, recoverable from the debtor.
Forms & where to file
Superior Court small claims division in the proper county and courthouse (venue rules are enforced).
Frequently asked questions
What is the small claims limit in California?
$12,500 for individuals; $6,250 for corporations, LLCs and other entities. Individuals can also file up to two claims over $2,500 per calendar year.
Can I bring a lawyer to California small claims court?
No — attorneys cannot represent parties at the hearing. They can help you prepare, and can appear if a defendant appeals to superior court.
Can I appeal if I lose?
Only the defendant (or a plaintiff who lost on the defendant's counterclaim) can appeal — within 30 days, for a completely new trial in superior court. A plaintiff who loses their own claim cannot appeal.
How much does filing cost?
$30, $50 or $75 depending on claim size ($100 if you've filed more than 12 claims in the past year), plus service costs — all recoverable as court costs if you win.
Related information
Sources & verification
- California Courts Self-Help Guide — Small Claims
- California Courts Self-Help — File your Plaintiff's Claim (fees)
- California Courts Self-Help — Serve your small claims forms ($15 clerk mail service)
Official fees and statutory rules above are traceable to the listed authorities; figures marked as estimates are LawLintel editorial estimates, not government fees. Laws and fees change — last verified 2026-08-24. See our methodology and legal disclaimer.
LawLintel provides general legal information, not legal advice. Laws, rules, procedures and fees change and can depend on your specific facts and county. Verify important information with the applicable court or a qualified attorney before acting.