California Small Claims Court Filing Checklist

Court: Superior Court of California, County of [________________________________]

Small Claims Division

Case Number: [________________________________]

Plaintiff: [________________________________]

Defendant: [________________________________]

Date Prepared: [__/__/____]

I. Jurisdictional Limits

Amount Limits (CCP § 116.221-116.231)

☐ Individual plaintiff: Maximum $12,500
☐ Business/entity plaintiff: Maximum $6,250
☐ Individual suing guarantor: Maximum $6,250
☐ Natural person suing alone: Limit per calendar year - 2 cases over $2,500

Case Type Eligibility

☐ Money damages
☐ Property damage
☐ Breach of contract
☐ Return of security deposit
☐ Personal injury (up to limit)
☐ Vehicle damage from accident

Cases NOT Eligible

☐ Defamation, libel, slander
☐ Malicious prosecution
☐ Claims against federal government
☐ Tax matters
☐ Eviction (use unlawful detainer)
☐ Injunctions or specific performance

II. Pre-Filing Requirements

Demand for Payment

☐ Demand made before filing (recommended)
☐ Date of demand: [__/__/____]
☐ Demand letter sent (optional but recommended)
☐ Copy retained for evidence

Defendant Information

☐ Correct legal name of defendant
☐ If business: verify legal name with Secretary of State
☐ Address for service confirmed
☐ If corporation: agent for service identified

III. Venue (CCP § 116.370)

☐ Where defendant resides
☐ Where breach of contract/obligation occurred
☐ Where injury to person or property occurred
☐ Where defendant's business is located
☐ For vehicle accident: where accident occurred

IV. Required Forms

Plaintiff's Claim and ORDER to Go to Small Claims Court (SC-100)

☐ Your name and address complete
☐ Defendant's name and address complete
☐ Amount claimed: $[________________]
☐ Basis of claim clearly stated
☐ Venue selection
☐ Signed by plaintiff

Additional Forms (if applicable)

☐ SC-103: Fictitious Business Name Declaration (if DBA)
☐ SC-104: Proof of Service
☐ SC-104B: Proof of Service by Substituted Service
☐ SC-109: Declaration Under CCP § 116.540 (for business)
☐ FW-001: Fee Waiver Request (if qualifying)

V. Filing Fee

Current Filing Fees (Verify with Court)

☐ Claim $1,500 or less: $30
☐ Claim $1,500.01 - $5,000: $50
☐ Claim $5,000.01 - $10,000: $75
☐ Over $10,000: Check current fee schedule

Fee Waiver

☐ Fee waiver available for individuals
☐ FW-001 filed: ☐ Yes ☐ No
☐ Fee waiver granted: ☐ Yes ☐ No

VI. Service Requirements

Service Deadline

☐ Serve at least 15 days before hearing (within California)
☐ Serve at least 20 days before hearing (outside California)

Service Methods

☐ Personal service by someone 18+ (not the plaintiff)
☐ Substituted service (leave with responsible person + mail)
☐ Certified mail with return receipt (defendant must sign)
☐ Service on registered agent (for corporations)

Who Can Serve

☐ Any person 18 or older
☐ NOT the plaintiff
☐ Sheriff's office (for a fee)
☐ Registered process server

Proof of Service

☐ SC-104: Proof of Service completed
☐ Filed with court before hearing
☐ Deadline: At least 5 days before hearing

VII. Defendant's Response Options

Defendant May:

☐ Appear at hearing
☐ File Defendant's Claim (counterclaim) on SC-120
☐ Request postponement (one time, up to 30 days)
☐ Request transfer to regular civil court (for claims over regular civil minimum)

VIII. Hearing Preparation

Evidence to Gather

☐ Contracts/agreements
☐ Receipts and invoices
☐ Photographs
☐ Repair estimates
☐ Correspondence (letters, emails, texts)
☐ Witness statements
☐ Diagrams or drawings
☐ Business records

Witnesses

☐ Identify witnesses
☐ Confirm availability for hearing
☐ Subpoena if necessary (SC-107)

Organize Presentation

☐ Brief written summary of facts (for yourself)
☐ Copies of all evidence (3 copies: judge, defendant, yourself)
☐ Calculate damages clearly
☐ Practice explaining claim in 5 minutes or less

IX. Day of Hearing

What to Bring

☐ Photo ID
☐ All evidence (organized)
☐ Copy of filed claim
☐ Witness contact information
☐ Notes/outline
☐ Calculator (for damages calculations)

Courtroom Procedure

☐ Arrive 15-30 minutes early
☐ Check in with clerk
☐ Wait to be called
☐ Stand when addressing judge
☐ Present case briefly and clearly
☐ Show evidence when relevant
☐ Answer judge's questions directly

No Attorneys

☐ Attorneys generally cannot appear (CCP § 116.530)
☐ Exception: corporation may have non-attorney employee appear
☐ Exception: cases transferred from regular civil court

X. Judgment and Collection

Judgment

☐ Judge may rule from bench
☐ Or mail decision within 10 days
☐ SC-200: Notice of Entry of Judgment

If You Win

☐ Wait 30 days for appeal period
☐ If no payment, begin collection:
☐ Wage garnishment
☐ Bank levy
☐ Property liens
☐ Request Abstract of Judgment for property lien

If You Lose (Plaintiff)

☐ NO APPEAL available for plaintiff (CCP § 116.710)
☐ May file new action in regular civil court (rarely successful)

If Defendant Loses

☐ Defendant may appeal within 30 days
☐ Appeal heard in Superior Court (trial de novo)

XI. Defendant's Claim (Counterclaim)

If Defendant Files SC-120

☐ Counterclaim must be within small claims limits
☐ Must arise from same transaction
☐ Plaintiff receives copy before hearing
☐ Both claims heard together

XII. Postponement (Continuance)

Requesting Postponement

☐ File Request to Postpone (SC-150)
☐ One postponement allowed without showing cause (up to 30 days)
☐ Additional postponements require good cause

XIII. Transfer to Regular Court

Mandatory Transfer

☐ Defendant's counterclaim exceeds small claims jurisdiction
☐ Case involves title to real property

Discretionary Transfer

☐ Court determines matter too complex
☐ Issues better suited to regular court

XIV. Quality Control Checklist

Before Filing

☐ Amount within jurisdictional limits
☐ Correct defendant name
☐ Proper venue selected
☐ Demand made (recommended)
☐ Form completed accurately
☐ Filing fee ready

After Filing

☐ Hearing date noted: [__/__/____]
☐ Service deadline calendared
☐ Evidence gathering begun
☐ Witnesses identified

Before Hearing

☐ Proof of service filed
☐ Evidence organized
☐ Practice presentation
☐ Copies made

XV. Document Tracking Log

XVI. Key Deadlines

Sources and References

• California Courts Small Claims Self-Help: https://selfhelp.courts.ca.gov/small-claims
• California Code of Civil Procedure § 116: https://leginfo.legislature.ca.gov
• Small Claims Court Forms: https://www.courts.ca.gov/forms.htm

Prepared by: [________________________________]

Date: [__/__/____]