Question 1 of 8. Carries forward to the intake.
- Claim limit
- $12,500
- Filing fee
- $30–$75
- Court
- Small Claims Court
- File online
- Yes
Santa Clara County filing fees
Source: santaclara.courts.ca.gov (Small Claims Division, courthouse locations, local court fees, e-filing, payment methods, Small Claims Advisor), leginfo.legislature.ca.gov (CCP 116.220/116.221/116.230/116.232)
| Your claim | You pay |
|---|---|
| Under $1,500 | $30 |
| $1,500.01 – $5,000 | $50 |
| $5,000.01 – $12,500 | $75 |
Fees change. Confirm the current amount with the clerk at 408-882-2352 before you file.
Where to file
Superior Court of California, County of Santa Clara — Small Claims Division (Downtown Superior Court)
191 North First Street, San Jose, CA 95113
408-882-2352
8:30 a.m. - 3:00 p.m., Monday-Thursday; 8:30 a.m. - 12:00 p.m., Friday (building access 8:00 a.m.-5:00 p.m., Monday-Friday)
- In person at the Downtown Superior Court (San Jose)
- By mail to the Downtown Superior Court
- Electronically through a court-approved Electronic Filing Service Provider (optional for small claims; mandatory e-filing applies only to attorney-represented Civil, Family, and Probate matters)
The forms you need
Santa Clara County requires 3 forms to open a small claims case:
- SC-100 Plaintiff's Claim and ORDER to Go to Small Claims Court
- SC-104 Proof of Service
- SC-140 Notice of Appeal (Small Claims)
We keep the current Santa Clara County versions of both. The forms are not the hard part — filling them out is. The Statement of Claim has to describe what happened in the language the court expects, and that is where most first-time filers get sent home to try again.
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.
Why not just download the free form?
The forms are free. Why pay?
The forms are free. Knowing what to write in them is not. Most rejected filings are rejected on the claim narrative, not the paperwork.
Can't I just hire a lawyer?
Most attorneys will not take a $12,500 case, and the ones who will cost more than the claim.
What if I get it wrong?
You refile and pay the fee again. That is the actual cost of guessing.
What happens next
Your trial date is set when you file, so you leave the counter knowing when to come back. If the defendant loses, they have 30 days to move for a new trial and 30 days to appeal.
The Santa Clara County filing packet — $49
Everything above, assembled and filled in with your facts:
- Both Santa Clara County forms, with your claim written in the language the court expects
- A demand letter built from the same facts
- Filing checklist with this court's address, hours, and fee
- What to bring to your trial
Answer a few questions first. See your claim written out before you pay anything.
Common questions
How much does it cost to file a small claims case in Santa Clara County?
Between $30 and $75, depending on your claim amount. Under $1,500: $30. $1,500.01 – $5,000: $50. $5,000.01 – $12,500: $75.
What is the small claims limit in Santa Clara County?
$12,500, individual limit; an entity or other non-natural person may claim only up to $6,250.
Where do I file a small claims case in Santa Clara County?
Superior Court of California, County of Santa Clara — Small Claims Division (Downtown Superior Court), 191 North First Street, San Jose. You can also file online.
Do I need a lawyer for small claims in Santa Clara County?
No. Small claims is designed for people to represent themselves.
Who serves 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.
Reviewed by Small Claims Desk · Last reviewed 2026-08-23 · Sourced from santaclara.courts.ca.gov (Small Claims Division, courthouse locations, local court fees, e-filing, payment methods, Small Claims Advisor), leginfo.legislature.ca.gov (CCP 116.220/116.221/116.230/116.232) and Cal. Code Civ. Proc. §§ 116.110-116.950 (The Small Claims Act). See how we verify.