Who Can File a Small Claims Case in California

Who California permits to file

California allows a small claims case to be brought by:

• Any individual 18 or older (a minor or incapacitated person files through a guardian ad litem)
• Sole proprietor or person doing business under a fictitious name
• Partnership
• Corporation, LLC, or other business entity (capped at $6,250; must appear through a regular employee, officer, or director, not an attorney)
• Certain governmental entities and, with limits, an assignee of a claim

Whoever files has to be the person or entity that actually holds the claim. Suing in your own name over a debt owed to your company — or the reverse — is the kind of defect a defendant raises at the hearing.

Claim limit

$12,500

Court

Small Claims Court

File online

Varies by court

Appeal window

30 days

The three that catch people out

Can I sue as my LLC or company?

California permits it, and the form needs the full registered legal name and address of the entity — not the trading name. Some courts also limit how a company may be represented at the hearing.

Can I sue on behalf of someone else?

A parent or guardian may bring a claim for a minor child in California. Otherwise you cannot file for a friend, a relative or a tenant — they file for themselves.

Do I need a lawyer?

No. Small claims exists so that people can represent themselves, and most attorneys will not take a case of this size. That is the whole design of the division.

Common questions

Who can file a small claims case in California?

Any individual 18 or older (a minor or incapacitated person files through a guardian ad litem); Sole proprietor or person doing business under a fictitious name; Partnership; Corporation, LLC, or other business entity (capped at $6,250; must appear through a regular employee, officer, or director, not an attorney); Certain governmental entities and, with limits, an assignee of a claim.

Can an LLC or corporation file small claims in California?

Yes. The claim form requires the entity's full legal business name, address and phone.

Can I sue someone in California if I live in another state?

Usually yes — what matters is that the court has jurisdiction over the defendant, which normally means suing where the defendant lives or where the dispute happened, not where you live.

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

No. Small Claims Court small claims is designed for self-representation.