California Small Claims Court: $12,500 Limit, Fees and How to File

In California, an individual can sue for up to $12,500 in small claims court, and a business or other entity can sue for up to $6,250. Those limits come from Code of Civil Procedure sections 116.221 and 116.220, as amended by SB 71 effective January 1, 2024, and the case is heard in the small claims division of your county's superior court.

This guide walks through a California small claims case in the order you will live it: whether your claim fits, what it costs, where and how to file, serving the other side, the hearing, appeals and collecting your money. For other states, see our guide to small claims court by state.

Information last verified on 2026-10-06. This article has not been reviewed by a licensed lawyer.

Jurisdiction scope: This article covers California's small claims court under Chapter 5.5 of the Code of Civil Procedure (sections 116.110 to 116.950), plus the judgment-enforcement and interest rules that apply after a small claims judgment. It does not cover evictions, limited or unlimited civil cases in superior court, or small claims in other states.

California small claims limits

The limit depends on who is suing and, in a few cases, who is being sued. Most people only need the first two rows.

Section 116.221 gives small claims jurisdiction "in an action brought by a natural person, if the amount of the demand does not exceed twelve thousand five hundred dollars ($12,500)." Because that higher limit applies only to natural persons, businesses fall back to the general $6,250 limit in section 116.220(a)(1). The California Courts self-help site states the same rule: "Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you're a business)."

An individual suing the Contractors State License Board Registrar as a guarantor uses the $12,500 individual limit, not the $5,000 entity figure.

The two-claims-per-year rule for claims over $2,500

You can file small claims cases for $2,500 or less as often as you need to. Bigger claims are rationed: under CCP 116.231(a), "no person may file more than two small claims actions in which the amount demanded exceeds two thousand five hundred dollars ($2,500), anywhere in the state in any calendar year."

If you ask for more than $2,500, you must sign a declaration under penalty of perjury that you have not filed more than two such claims that calendar year (CCP 116.231(b)). Local public entities suing for $5,000 or less are exempt from this cap (CCP 116.231(d)).

If your claim is worth more than the limit

You can give up the amount over the limit to stay in small claims. CCP 116.220(d) says the excess "may be waived, but any waiver is not operative until judgment." If you waive the excess, it is gone for good: the San Francisco Superior Court warns that you cannot split one claim into separate small claims cases to get around the limit, and you cannot file another claim later for the amount you gave up. If waiving part of your claim would cost you too much, the court's self-help site has a page comparing small claims and limited civil cases.

California's self-help site also shows an example where someone owed installments sues only for the missed payments and sues again later for the rest, or waits and sues for the whole amount. That is an example from the court's guidance, not a general rule about splitting claims.

Every claim also has a filing deadline. Check the California statute of limitations for your type of claim before you file.

Pending changes to the limit

AB 1827 (2025-26 session) proposed raising California's small claims limits. According to the Legislature's bill status page, it passed the Assembly and cleared Senate Judiciary, then on August 13, 2026 was "Held under submission" in the Senate Appropriations Committee. No enrolled or chaptered version appears. It is not law, and the limits above still apply.

What you can sue for, and who can sue

Small claims court is built for money claims. The court can also award rescission, restitution, reformation or specific performance in place of, or in addition to, money damages within the dollar limit, and it can issue a conditional judgment (CCP 116.220(b)). An injunction or other equitable order is available only "when a statute expressly authorizes a small claims court to award that relief" (CCP 116.220(a)(5)). If all you want is an order making someone do or stop doing something, the self-help site notes you may need regular civil court unless a do-it-or-pay judgment would work for you.

Common small claims disputes include unreturned security deposits, unpaid loans, property damage and contractor problems. If yours is a deposit dispute, our California landlord-tenant laws guide covers the deposit rules you will be arguing about.

Who can be a party. "Any person who is at least 18 years of age, or legally emancipated, and mentally competent may be a party to a small claims action" (CCP 116.410). A minor or a person who is not mentally competent appears through a guardian ad litem appointed by the court.

Special cases. The self-help site warns that special rules apply if you are suing a lawyer over fees, the State or a local government, or a health care provider, and that not following them can cost you the case. Read the before you start page first if your claim falls in one of those groups.

Out-of-state contract clauses. In a consumer contract for personal, family or household purposes entered into or renewed on or after January 1, 2003, a clause requiring you to sue in another state is void and unenforceable for claims within small claims jurisdiction (CCP 116.225).

Filing fees

The filing fee is set by statute, CCP 116.230, and depends on how much you are asking for and how often you file.

If you amend your claim into a higher fee band, you pay the difference: $20 to move from the $30 band to the $50 band, $25 from $50 to $75, and $45 from $30 to $75 (CCP 116.230). The court's file your forms page lists the same tiers.

Other costs to plan for:

• Service. Where the clerk offers certified-mail service, "The court charges a $15 fee to serve this way." Sheriffs and private process servers set their own fees.
• Appeal. A party who appeals pays $75 to file the notice of appeal (CCP 116.760(a)).
• Collection. For a wage garnishment, the self-help site says "The sheriff charges about $45.00," and the amount varies by county.

Fee waiver. If you cannot afford the fees, CCP 116.320(c) lets you "ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them." The self-help site says you may qualify if you receive public benefits, your income is under a set amount, or you cannot pay the fee and still meet your basic needs. Ask the clerk for the Judicial Council fee waiver request form.

Can you bring a lawyer?

No, not to the hearing. CCP 116.530 says "no attorney may take part in the conduct or defense of a small claims action." The self-help site puts it plainly: "You can ask a lawyer for advice before you go to court, but you can't have one with you in court."

A lawyer can still help in several ways. Under CCP 116.530, an attorney may advise you before or after you file, testify about facts they personally know, represent a party on appeal to the superior court, and represent a party in enforcing the judgment. Lawyers may also appear for themselves, for a partnership in which all the partners are lawyers, or for a professional corporation whose officers and directors are all lawyers.

Help from the court. Every county provides a small claims advisor service (CCP 116.260, 116.940), which is a good first stop for questions about forms and procedure.

Who can appear for a business

A business cannot send its outside lawyer, but it can send the right person. Under CCP 116.540:

• A corporation appears through a regular employee, or an officer or director, who was employed, appointed or elected for purposes other than solely representing it in small claims.
• Other entities appear through an employee, officer or director, and a partnership may also appear through a partner.
• A sole proprietor may send an employee only when the claim can be proved from the business's account records and no other issue of fact is in dispute.
• An owner of rental property may send a contracted property manager for claims about that rental property.
• A homeowners association may send an agent, a management company representative or a bookkeeper.

Anyone appearing for someone else must file a declaration of their authority. Section 116.540 also has narrow provisions for service members, incarcerated parties and nonresident owners of real property who cannot appear; there, the representative must serve without pay and may not have appeared for others more than four times that calendar year.

Before you file: demand payment

The claim form asks whether you have demanded payment. CCP 116.320(b)(3) requires the claim to state "that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property." In practice that means asking the other side to pay, usually in writing, before you file.

California does not require mediation. If both sides want to try settling, any party can ask the court to continue the hearing so the parties can resolve the dispute informally or through another process (CCP 116.610(b)).

Where to file

You file where you would file any other civil case. CCP 116.370 says "Venue and court location requirements in small claims actions shall be the same as in other civil actions," and each superior court can set which courthouse handles small claims by local rule. Your county's small claims advisor can confirm the right courthouse.

A defendant who thinks the case was filed in the wrong place can challenge venue by writing to the court and mailing copies to the other parties, without coming to court. If venue is improper, the court dismisses the case without prejudice unless all defendants are present and agree to go ahead. If only the courthouse within the county is wrong, the court may transfer the case under its local rules (CCP 116.370).

The main claim form is SC-100, and the full set is on the court's small claims forms page. The self-help site notes that e-filing availability varies by court.

Serving the defendant

After you file, the defendant must be formally served with the claim and the court's order. You cannot serve the papers yourself; the server must be at least 18 and not a party to the case (CCP 414.10).

Service options under CCP 116.340 include:

• Certified mail by the clerk, with a return receipt, in courts that offer it ($15).
• Personal delivery by a sheriff, a process server or another adult who is not a party.
• Substituted service under the methods in CCP 415.20, with no prior attempt at personal service required.

Form SC-104C covers serving a business or public entity. Individuals generally must be served in California. The exceptions in section 116.340 cover a nonresident who owns California real property, for a claim about that property, and a nonresident owner or operator of a motor vehicle, through the DMV under Vehicle Code sections 17450 to 17461. The self-help site also says landlords may be served out of state.

Service deadlines. Service must be "completed at least 15 days before the hearing date if the defendant resides within the county in which the action is filed, or at least 20 days before the hearing date if the defendant resides outside the county" (CCP 116.340). Your proof of service must be filed at least 5 days before the hearing. The self-help serving papers page says substituted service needs to be done 10 days before those deadlines. If you cannot serve in time, talk to the clerk or the small claims advisor about a new hearing date; each court has its own rules.

If you are the defendant

You do not file a written answer. The claim is the only pleading in a small claims case (CCP 116.310(a)); you respond by showing up at the hearing with your evidence.

Your own claim. "The defendant may file a claim against the plaintiff in the same action in an amount not to exceed the jurisdictional limits" (CCP 116.360). Your claim does not have to relate to the same dispute. It must be served on the plaintiff at least 5 days before the hearing, or at least 1 day before if you were served 10 days or less before the hearing.

A claim bigger than the limit. If your claim against the plaintiff is over the small claims limit and arises from the same transaction, you can sue in a court that can hear the full amount and ask the small claims court to transfer the case. The court may decide the small claims case first, transfer it, or refuse to transfer it (CCP 116.390).

If you do not show up. The plaintiff still has to present evidence proving the claim (CCP 116.520(b)), but the self-help site says the plaintiff "will likely win" if they prove their case. A defendant who missed the hearing cannot appeal; the remedy is a motion to vacate, covered below.

The hearing

Your hearing will be set no earlier than 20 days and no later than 70 days after the court's order (CCP 116.330(a)). The self-help site says hearings typically happen 1 to 2 months after filing.

The hearing is informal. The law's goal is "to dispense justice promptly, fairly, and inexpensively" (CCP 116.510). There is no pretrial discovery (CCP 116.310(b)), and you can bring witnesses and documents. The court may also consult witnesses and investigate the dispute informally (CCP 116.520).

Courts may hold sessions on any day, including Saturdays, and courts with seven or more judicial officers must hold at least one night or Saturday session each month (CCP 116.250). If the plaintiff does not appear, the self-help site says the case will be dismissed.

The judge may decide at the end of the hearing or mail the decision later. The result arrives on a Notice of Entry of Judgment (form SC-130 or SC-200). The self-help going to trial page covers how to prepare.

Appeals: only the defendant can appeal

This is the rule that surprises most people. "The plaintiff in a small claims action shall have no right to appeal the judgment on the plaintiff's claim" (CCP 116.710). If you sued and lost, the small claims decision on your claim is final.

Who can appeal under CCP 116.710:

• A defendant can appeal the judgment on the plaintiff's claim.
• A plaintiff can appeal only the judgment on a claim the defendant filed against the plaintiff.
• A defendant who files their own claim and loses it cannot appeal that decision, though if the defendant appeals the plaintiff's claim, the new hearing also covers the defendant's claim (CCP 116.770(d)).
• A defendant's insurer can appeal if the judgment is more than $2,500 and the insurer stipulates that its policy covers the claim.
• A defendant who did not appear has no right to appeal, except from the denial of a motion to vacate.

Deadline. The notice of appeal (form SC-140) must be filed "not later than 30 days after the clerk has delivered or mailed notice of entry of the judgment to the parties" (CCP 116.750(b)). A late notice is ineffective for any purpose, and asking the court to correct a mistake in the judgment does not extend the time. The filing fee is $75 (CCP 116.760).

What the appeal looks like. The appeal is a new hearing (a trial de novo) in the superior court of the county where the case was heard, before a different judicial officer (CCP 116.770). It is still informal, with no discovery and no jury, but lawyers may take part, and you get at least 14 days' notice of the hearing. The superior court's judgment is final and cannot be appealed (CCP 116.780). For good cause, the court may award up to $150 in attorney fees and up to $150 for lost earnings and transportation. An appeal can be dismissed if the appealing party does not appear or the appeal is not heard within one year (CCP 116.795).

Collection is on hold during appeals. Enforcement of the judgment is automatically suspended, without a bond, until the time to appeal runs out, and while an appeal is pending (CCP 116.810). See the court's appeal a small claims decision page.

Missed the hearing? Motion to vacate

A defendant who did not appear can file a motion to vacate the judgment showing good cause. "The motion shall be filed within 30 days after the clerk has mailed notice of entry of the judgment to the parties" (CCP 116.730). If you were never properly served, the deadline is 180 days after you discovered the judgment (CCP 116.740). If the motion is denied, you may appeal the denial within 10 days after notice of the denial. A plaintiff who missed the hearing may also move to vacate.

Collecting your judgment

Winning does not mean you get paid. The court does not collect the money for you; the self-help site is direct about that, and collection is your job as the judgment creditor.

When you can start. You cannot enforce the judgment until the time for appeal runs out, or while an appeal is pending (CCP 116.810). Within 30 days after the clerk mails the notice of entry of judgment, the losing party must complete and send you a form listing their assets (CCP 116.830). Willfully failing to do so can lead to contempt and sanctions under CCP 708.170. The small claims court enforces its own judgments (CCP 116.820), and you can recover enforcement costs and interest.

Interest. A California money judgment generally earns interest at 10 percent a year on the unpaid principal (CCP 685.010(a)). The rate is 5 percent for judgments entered or renewed on or after January 1, 2023 against a natural person on a medical-expense claim under $200,000 or a personal-debt claim under $50,000.

Collection tools described on the court's self-help site include:

• Wage garnishment. File an Application for Earnings Withholding Order (WG-001) with a writ of execution (EJ-130). The employer can withhold no more than the lesser of 20% of the debtor's weekly disposable earnings or 40% of the amount by which those disposable earnings exceed 48 times the applicable minimum hourly wage (CCP 706.050), and the self-help site says the sheriff charges about $45. Our wage garnishment calculator shows how withholding limits work.
• Bank levy, using a writ of execution.
• A lien on real estate, created by recording an abstract of judgment.
• A debtor's examination.

Some income and property are protected from collection. Our California debt collection laws guide covers what a creditor can and cannot reach. Federal law adds its own protections: Social Security benefits are not subject to "execution, levy, attachment, garnishment, or other legal process" (42 U.S.C. 407(a)), and VA benefits are exempt from creditors' claims (38 U.S.C. 5301(a)(1)).

How long the judgment lasts. A California money judgment can be enforced for 10 years from entry (CCP 683.020) and can be renewed with an application (EJ-190) and notice (EJ-195). You can apply to renew any time before the 10 years run out (CCP 683.130), but a judgment cannot be renewed again within five years of a previous renewal (CCP 683.110(b)). Most judgments can be renewed repeatedly for 10 more years each time, but a judgment against an individual on a medical-expense claim under $200,000 or a personal-debt claim under $50,000 can be renewed only once (CCP 683.110, as amended effective January 1, 2024). The self-help site says that single renewal lasts 5 years. See the court's renew a judgment page.

When you are paid. Within 14 days of being paid in full, you must file an Acknowledgment of Satisfaction of Judgment (SC-290, or EJ-100 if you recorded an abstract), or you can be fined and sued, according to the self-help when you get paid page.

Federal rules that can affect your case

Military defendants. If the defendant does not appear, federal law requires the court, before entering judgment for the plaintiff, to have the plaintiff file an affidavit "stating whether or not the defendant is in military service" (50 U.S.C. 3931(b)(1)). The Department of Defense runs the official SCRA status website at scra.dmdc.osd.mil.

Suing the federal government. A claim for money damages against the United States for an injury caused by a federal employee is not a small claims case: federal district courts have exclusive jurisdiction over those claims (28 U.S.C. 1346(b)(1)), and the claim must first be presented in writing to the federal agency (28 U.S.C. 2675(a)).

Official California small claims resources

• Small claims in California, the California Courts self-help overview
• Small claims forms, including SC-100, SC-104C, SC-130, SC-140 and SC-290
• Before you start, with rules for special defendants
• Your county's small claims advisor service, which every county provides

Related

• Small claims court by state
• California statute of limitations
• California landlord-tenant laws
• California debt collection laws

Disclaimer: This article provides general legal information about California small claims court under the California Code of Civil Procedure, verified on 2026-10-06. It is not legal advice and does not create an attorney-client relationship. For help with your specific situation, contact your county's small claims advisor or the court's self-help center, a legal aid office, or a lawyer licensed in California.

Last updated: 2026-10-06.

Frequently Asked Questions

What is the small claims limit in California?

It is $12,500 for an individual (CCP 116.221) and $6,250 for a business or other entity (CCP 116.220(a)(1)). Lower limits apply to claims against certain guarantors and to claims filed by local public entities.

Can I sue for more than $12,500 in small claims in California?

No, but you can waive the amount over the limit to stay in small claims; under CCP 116.220(d) the waiver takes effect at judgment, and the waived amount cannot be sued for later or split into a second case. Otherwise the case belongs in a limited or unlimited civil case in superior court.

How many small claims cases can I file in California each year?

You can file as many claims of $2,500 or less as you need, but no more than two claims for over $2,500 anywhere in California in a calendar year (CCP 116.231(a)).

How much does it cost to file small claims in California?

The filing fee is $30 for claims of $1,500 or less, $50 for claims over $1,500 up to $5,000, and $75 above $5,000, or $100 for anyone who filed more than 12 other small claims in the past 12 months (CCP 116.230).

Can a lawyer represent me in small claims court in California?

Not at the hearing. CCP 116.530 bars attorneys from taking part in the conduct or defense of a small claims case, but a lawyer can advise you before or after filing and can represent you on appeal and in collecting the judgment.

Can I appeal if I lose my small claims case in California?

If you were the plaintiff and lost on your own claim, no: CCP 116.710 gives the plaintiff no appeal on that claim. A defendant can appeal within 30 days after the clerk mails or delivers notice of entry of judgment, and the appeal is a new hearing in superior court.

How long does the defendant have to be served before a California small claims hearing?

At least 15 days before the hearing if the defendant lives in the county where you filed, or 20 days if they live outside it, and proof of service must be filed at least 5 days before the hearing (CCP 116.340).

What happens if the defendant does not show up?

The plaintiff still has to present evidence proving the claim (CCP 116.520(b)). A defendant who missed the hearing can file a motion to vacate within 30 days after notice of entry of judgment was mailed (CCP 116.730).

How long is a California small claims judgment good for?

It can be enforced for 10 years from entry and can be renewed (CCP 683.020). A judgment against an individual on a medical-expense claim under $200,000 or a personal-debt claim under $50,000 can be renewed only once (CCP 683.110).