What is Small Claims Court?

🧾 Navigating Small Claims Court in California: A Practical Guide

Small claims court in California offers a streamlined, cost-effective way for individuals and businesses to resolve disputes without the complexity of formal litigation. Whether you're seeking repayment for a loan, compensation for property damage, or resolution of a landlord-tenant disagreement, this venue is designed to be accessible—even for those with no legal background.

⚖️ What Is Small Claims Court?

Small claims court is a division of the California Superior Court system that handles monetary disputes involving relatively small amounts. It’s informal, fast, and typically does not allow attorneys to represent parties during the hearing.

💰 Claim Limits

• Individuals can sue for up to $12,500.

• Businesses and organizations are limited to $6,250.

• You may not file more than two claims over $2,500 in a calendar year.

📝 Filing a Claim

To initiate a case, follow these steps:

1. Demand Payment First: Send a formal demand letter to the other party, outlining the issue and the amount owed. This shows good faith and may resolve the matter without court involvement.

2. Complete the SC-100 Form: This is the Plaintiff’s Claim and Order to Go to Small Claims Court. It includes:

   • Defendant’s full legal name and address.

   • Amount of the claim and how it was calculated.

   • A brief summary of the dispute.

3. File with the Correct Court: Venue is based on where the defendant lives, does business, or where the incident occurred. Filing fees range from $30 to $100, depending on the claim amount.

   
   

📅 What to Expect in Court

• No lawyers allowed (except for advice before trial).

• Hearings are informal and typically scheduled within 1–2 months of filing.

• You must collect the judgment yourself if you win—courts don’t enforce payment.

👩‍⚖️ In California small claims court, attorneys aren't allowed to represent parties during the actual hearing. The goal is to keep the process informal and accessible so that individuals can present their case without needing legal counsel.

Here’s a breakdown:

• Before court: You can consult an attorney to help you prepare your case, complete paperwork, or understand procedures.

• During the hearing: Attorneys cannot speak on behalf of either side unless the case is an appeal. Both the plaintiff and defendant must represent themselves.

• Appeals: If the defendant appeals the judge’s decision, attorneys are allowed to represent either side in the appellate court.

⚠️ If you’re a business involved in a claim, the person appearing must be an employee, officer, or director—not an outside attorney.

🧾 Types of Cases Accepted

Common disputes include:

• Unpaid debts

• Property damage

• Faulty services

• Landlord/tenant issues

• Personal injuries

• COVID-19 rental debt (special rules apply)

🚫 Limitations and Appeals

• If you file the claim, you cannot appeal the judge’s decision.

• If you’re sued, you can appeal if you lose.

• You must represent yourself—no legal representation in court.

🛠️ Resources

For forms, instructions, and fee waivers, visit the California Courts Self-Help Guide or check out the Department of Consumer Affairs’ Small Claims Guide.

If you’d like help drafting a demand letter or preparing your SC-100 form, I can help with that too. Just say the word!