How to Sue Someone in Small Claims Court in California

Claim limit

$12,500

Court

Small Claims Court

File online

Yes (statewide)

Appeal window

30 days

Common questions

Who can I sue in small claims court in California?

An individual or a business, as long as your claim is within the $12,500 limit. You must name and serve the correct legal person or entity.

How much can I sue for in California?

Up to $12,500, individual limit; an entity or other non-natural person may claim only up to $6,250, and a person may bring no more than two claims over $2,500 statewide in a calendar year. Over that, you can waive the excess and still use small claims.

Do I need a lawyer to sue in California small claims?

No — small claims is designed for self-representation.

What are the steps to sue someone in California?

Send a demand, file your county's claim form in Small Claims Court, pay the fee, and serve the defendant. We prepare the demand and the filing from the same facts.

Serving the defendant

The plaintiff arranges and pays for service and may not serve the papers personally. Service is made by any adult 18 or older who is not a party, by the county sheriff or marshal for a fee, by a registered process server, or by the court clerk by certified mail where that option is offered.

• Personal service - an adult 18 or older who is not a party hands the forms to the defendant
• Substituted service - leave the forms with an adult at the defendant's home or usual mailing address (not a P.O. box) or workplace, then mail a copy
• Certified mail sent by the court clerk (offered only in some courts; a $15 clerk fee, and it often fails because the defendant can refuse to sign)
• Service by the county sheriff or marshal for a fee
• Service by a registered process server for a fee

Clerk certified mail is complete only if the defendant actually signs for it; a refused or unsigned certified-mail service does not count and will delay the case, so most filers use personal service by a sheriff or process server.