Small claims in California
This guide can help you:
- Start a small claims case
- Respond if you're sued in small claims court
- Take steps to collect if you won or pay or appeal if you lost and owe money
- Find resources to help
Small claims basics
Small claims court allows you to sue a person, business, or government agency that you think owes you money. Generally, you can only sue for up to $12,500 in small claims court (or up to $6,250 if you’re a business). You can ask a lawyer for advice before you go to court, but you can't have one with you in court.
Special rules for COVID-19 rental debt cases in small claims
Starting November 1, 2021, you can sue or be sued for COVID-19 rental debt in small claims. If you are suing a tenant for COVID-19 rental debt, you can sue for more than $12,500.
Small claims is a cheaper and faster process
The costs. The filing fee for a small claims case is between $30-$100. If you can’t afford the fee, you can ask the court for a fee waiver.
How long to go to court. Once you file papers to start a case, you typically have a court date (trial) in about 1-2 months.
There are some limits on small claims
- You can’t have a lawyer represent you.
- You have to collect the money if you win your case. The court does not do it for you.
- If you started the case, you can't appeal if you lose your case. The judge’s decision is final. You can appeal if you are sued, or the other side sues you back, and you lose.
If small claims court limits don’t work for you, you may want to think about opening a case in civil court. That process is much more challenging and expensive, though, especially if you decide to file on your own without an attorney.