Legal

California Small Claims Court: $12,500 Limit, Filing Fees and How It Works

In California small claims court, people can sue for up to $12,500 and businesses for up to $6,250. Filing fees from $30 to $100, serving the other side, and who can appeal.

California small claims court is a branch of each county’s superior court, built for people who handle their own case. The judge decides quickly, the forms are short, and lawyers aren’t allowed to argue for either side at the hearing [1].

At a glance

Limit for individuals
$12,500 (sole proprietors count as individuals) [2]
Limit for businesses
$6,250 for corporations, partnerships and other entities [2]
Claims over $2,500
No more than 2 per calendar year, anywhere in California [3]
Filing fee
$30 to $100, depending on the amount and how often you file [4]
Lawyers
Can advise you, but can't represent you at the hearing [3]

How much you can ask for

The general cap is $12,500 if you’re suing as a person, and $6,250 if the plaintiff is a corporation, partnership or other business entity [2]. A sole proprietor suing under a business name is treated as an individual [2].

There’s also a frequency rule: you can file as many claims as you like for $2,500 or less, but only two claims over $2,500 in a calendar year, counted across every court in the state [3].

What it costs to file

California small claims filing fees
Amount you're suing forFee
Claim up to $1,500$30
$1,500.01 to $5,000$50
$5,000.01 to $12,500 (individuals only)$75
More than 12 claims in 12 months$100
Source: Los Angeles County DCBA: Small Claims Court Fees · Checked 2026-10-27 · Amounts as listed by Los Angeles County; confirm with your court before filing

If you can’t afford the fee, you can ask the court to waive it [1]. Having the sheriff serve the papers costs extra; in Los Angeles County it’s $50 [4].

Step by step

  1. Ask for payment in writing first. Give the amount, the reason, and a deadline. Many disputes end here, and it shows the judge you tried.
  2. Fill out the Plaintiff’s Claim (form SC-100) and file it with the small claims clerk. If you’re not sure which courthouse is the right one, ask the court’s small claims advisor before you file.
  3. Serve the other side. Someone 18 or older who isn’t part of the case hands them the papers, or the clerk mails them by certified mail [5]. You can’t serve them yourself.
  4. Meet the service deadline. Service must be done at least 15 days before the hearing, or 20 days if the defendant lives outside the county. If the papers are left with someone else (substituted service ), allow 25 days in the county and 30 days outside it [5].
  5. File the proof of service at least 5 days before the hearing [5].
  6. Bring your evidence: contracts, receipts, photos, texts, estimates, and any witnesses.

Appeals

The person who filed the case can’t appeal a loss on their own claim; the judge’s decision is final for them [1]. A party who was sued and lost can appeal within 30 days after the clerk mails the notice of entry of judgment. On appeal, the case is heard again and lawyers may take part [3].

Winning isn’t the same as getting paid

A judgment is a court order, not a check. If the other side doesn’t pay, you may need to use collection tools like a wage garnishment or bank levy, each with its own forms and sheriff’s fees [4]. Each county’s small claims advisor can explain the options.

Sources

  1. California Courts Self-Help Guide: Small claims in California
  2. Superior Court of Marin County: Small Claims
  3. Superior Court of Monterey County: Small Claims Overview
  4. Los Angeles County DCBA: Small Claims Court Fees
  5. Superior Court of San Diego County: Small Claims Proof of Service

Common questions

What is the small claims limit in California?

$12,500 for an individual (including a sole proprietor) and $6,250 for a corporation, partnership or other business entity. You can file only two claims over $2,500 anywhere in California in a calendar year.

Can I bring a lawyer to small claims court in California?

No. You can get legal advice before or after, but a lawyer can't represent you at the small claims hearing. Lawyers can appear if the case is appealed.

Can I appeal if I lose in small claims?

Only on a claim made against you. If you filed the case and lost, the decision on your claim is final. A party who was sued and lost can appeal within 30 days after the court mails the notice of entry of judgment.

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