California Small Claims Forms: A Step by Step Guide to Filing, Serving, and Winning
Introduction: Why this guide to California small claims forms matters
If you owe money or were wronged, filling out california small claims forms correctly is the difference between a quick win and wasted time. This guide gives a practical, beginner friendly walk through the exact paperwork, so you will not guess at what a court clerk wants to see.
You will learn how to complete Form SC 100, choose the right court, serve the defendant properly, and build a concise evidence packet. I include real examples, like suing for an unpaid contractor deposit, and concrete tools, such as a printable proof of service template and a sample completed SC 100. Expect step by step instructions, common filing fee tips, and courtroom preparation strategies you can use today.
What is small claims court in California and claim limits
Small claims court exists to resolve straightforward money disputes quickly, cheaply, and without lawyers. You file california small claims forms, present evidence to a judge, and get a decision in months rather than years. It is ideal for unpaid invoices, security deposit fights, property damage, and small contract disputes.
Current limits are simple. Individuals can sue for up to $10,000. Businesses, partnerships, and corporations can sue for no more than $5,000. If you are an individual suing a business you can still seek $10,000. If your claim exceeds those amounts you must file in superior court.
When is small claims the right option? If your loss is within the limits, you want fast resolution, and you are comfortable representing yourself, use small claims. Example, a $6,500 unpaid rent claim belongs in small claims. For a $12,000 dispute get an attorney and file in the higher court. Always bring complete california small claims forms, receipts, and witnesses.
Who can file, who can be sued, and key deadlines
Anyone can file using california small claims forms, but who you are matters. Individuals age 18 or older file on their own; minors must use a parent or guardian. Sole proprietors, partnerships, and corporations can be sued in small claims, and most can file their own claims, but monetary limits differ by plaintiff type, so check your court before you file.
Statute of limitations varies by case type, for example oral contracts generally two years, written contracts four years, and many property damage claims three years. Concrete tip, if you have a written contract dated January 1, 2022, you usually must file by January 1, 2026.
Also watch timing for service and proof of service, file your california small claims forms early, serve the defendant promptly, and file the proof of service with the court.
The exact forms you need and where to get them
Start with the essentials. The most common california small claims forms are SC 100, the Plaintiff’s Claim and Order to Go to Small Claims Court, SC 104, the Proof of Service form you file after serving the defendant, and SC 120, the Defendant’s Claim and Order to Go to Small Claims Court if the other side files a counterclaim. Grab these from the California Courts website, courts.ca.gov/forms, or pick them up at your county superior court clerk’s office.
Bring supporting attachments every time, for example receipts, contracts, photos, repair estimates, and a short witness statement. File the proof of service form promptly after serving the defendant, otherwise the court may continue the case.
Check your county court site for local variations, fee schedules, and e filing options. If you want a ready checklist, download the forms packet from courts.ca.gov and print a copy to take to the clerk when you file.
How to fill out the Plaintiff Claim and Order to Go to Small Claims Court SC 100, step by step
Start at the top, write your name exactly as it appears on your ID, add a mailing address where you reliably get court papers. For the defendant box use full legal names, and a business name if applicable, plus the best known address for service. Wrong or incomplete addresses cause delays.
Skip the case number, the clerk fills that in. In the court box put the county and courthouse that serves the defendant, not where you live unless they are the same.
Amount of claim, be precise. If you want $1,350, write 1,350.00, and only list amounts within the small claims limit, generally under 10,000 for individuals. Add court fees and interest in the How You Calculated the Amount box, do the math for the judge.
The Reasons for Your Claim section, write a short, factual timeline. Example, March 1, 2025, contractor took $2,000, completed work valued at $650, refused refund. Attach the contract and photos, and reference them by name, example, Exhibit A contract, Exhibit B photos.
How You Calculated the Amount, itemize. Example, Refund due 1,350.00, Less partial work value 0.00, Court filing fee requested 75.00, Total 1,425.00. Use bullet style or numbered lines for clarity.
Sign and date at the bottom, print your name and phone number, and check the box if you want court mailing costs included. Make copies of the completed SC 100 and all attachments before filing with the clerk.
Filing the forms, court fees, fee waivers, and deadlines
You can file california small claims forms in two ways, in person at the courthouse clerk counter, or online through your county court’s eFiling portal or a statewide eFile vendor. In person, bring the original SC 100 plus two copies, a valid ID, and payment. Online, follow your court’s instructions for uploading SC 100 and paying electronically.
Filing fees depend on the amount you claim and the county, but they typically fall in a modest range. Check your county court fee schedule or the California Courts website before you file. Courts accept cash, money order, credit card, or electronic payment.
If you cannot afford the fee, complete the Judicial Council form FW 001, Application for Waiver of Court Fees and Costs, attach pay stubs or benefits statements, and file it with your SC 100. The court can waive filing and service fees if you meet income rules.
File early to protect your rights, because statutes of limitations vary by claim type. Filing several weeks before any deadline gives time for service and a hearing date.
Serving the defendant correctly and proving service
You must serve the defendant one of the California small claims forms correctly, or the court may toss your case. Acceptable methods usually include personal delivery, substituted service at the defendant’s usual residence or work with mailing the same day, and in many counties certified mail with return receipt. Always check the local court rules before choosing a method.
Filling out the proof of service form, be exact. Put the case number, names, full service address, date and time, specific method used, the server’s full name, declaration that the server is over 18 and not a party, and the server’s signature and date. If you used substituted service, state who received the papers and when you mailed a copy.
Common pitfalls that invalidate service include using a party as the server, wrong or incomplete address, missing dates, failure to mail after substituted service, and unsigned affidavits. File the completed proof of service before your hearing, and bring a copy to court.
What to expect at the hearing and evidence to bring
Expect the judge to call cases, administer an oath, and give each side a strict time window, usually 5 to 20 minutes. Bring your printed california small claims forms, copies for the judge and defendant, and a calm, concise opening line that states what you want and why.
Checklist of evidence and witnesses:
Documents: signed contracts, receipts, invoices, bank statements, repair estimates.
Communications: texts, emails, social media screenshots, with dates highlighted.
Photos or videos with timestamps.
Witnesses who saw the incident or can verify damages, briefed on one key fact.
Presentation tips: organize evidence in numbered tabs, hand copies to the judge, use a one minute timeline. For cross examination, ask short yes or no questions, expose contradictions, stay polite.
After judgment, collecting your award and appeals
Get a certified copy of the judgment and the Notice of Entry of Judgment from the clerk, then pick up the appropriate post judgment forms. The court clerk or the county website will have the california small claims forms you need to start enforcement.
Common collection tools include a writ of execution to levy bank accounts or seize personal property, wage garnishment to collect from paychecks, and recording an abstract of judgment to create a lien on real property. For example, a writ can freeze funds in a bank account the debtor uses, while an abstract can block a home sale until the debt is paid.
If you are the defendant and want to appeal, file a Notice of Appeal with the superior court within the deadline, typically 30 days, and follow court rules about stay bonds. Appeals are procedural, not a full retrial.
Consult an attorney for complex asset searches, business debtors, cross state enforcement, or when an appeal could cost more than the judgment.