Small Claims Complaint

IMPORTANT: THIS IS A PREPARATION GUIDE — NOT THE OFFICIAL COURT FORM

California requires the use of official Judicial Council form SC-100 (Plaintiff's Claim and ORDER
to Go to Small Claims Court) for small claims complaints. This template provides the substantive
legal content to help you prepare — but you must transfer your content to the official form before
filing. The official form is available at https://selfhelp.courts.ca.gov/jcc-form/SC-100.
Do not file this document directly with the court.

comments throughout and customize as needed
3. Remove all guidance comments before final execution
4. Have this document reviewed by qualified legal counsel before use

JURISDICTION: California
LAST UPDATED: 2026-02-16
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SMALL CLAIMS COMPLAINT

(California — Superior Court, Small Claims Division)

TABLE OF CONTENTS

1. Jurisdictional Limits and Filing Eligibility
2. Venue Rules
3. Pre-Filing Demand Letter
4. Judicial Council Form References
5. Document Header
6. Plaintiff Information
7. Defendant Information
8. Claim Description and Legal Basis
9. Damages Calculation
10. Evidence Checklist
11. Service Requirements and Proof of Service
12. Filing Fees and Fee Waivers
13. Hearing Preparation Guide
14. No Attorney Rule and Exceptions
15. Appeal Rights and Procedures
16. Defendant's Claim / Cross-Complaint
17. Judgment Enforcement
18. Common Claim Types
19. Timeline and Deadlines
20. Verification and Declaration
21. Prayer for Relief
22. Execution Block
23. Exhibit Index
24. Sources and References

1. JURISDICTIONAL LIMITS AND FILING ELIGIBILITY

Current Monetary Limits (effective January 1, 2024):

Filing Frequency Limitations (CCP § 116.390):

• A claimant may file an unlimited number of small claims actions for amounts of $2,500 or less per calendar year.
• A claimant may file no more than two small claims actions for amounts exceeding $2,500 in any calendar year statewide.
• An entity that has filed more than 12 small claims actions in the preceding 12 months pays increased filing fees.

Eligibility Checklist:

☐ Claim amount does not exceed the applicable jurisdictional limit
☐ Claimant has not exceeded the annual filing cap for claims over $2,500
☐ Claim seeks monetary damages only (no injunctive or declaratory relief)
☐ Claim has not been assigned from another party (CCP § 116.420)
☐ Claimant has made a pre-filing demand for payment

2. VENUE RULES

Venue is proper in the county where any of the following applies:

☐ The defendant resides or has a principal place of business at the time the action is commenced
☐ The obligation or contract was performed or was to be performed
☐ The injury to person or property occurred
☐ The transaction or occurrence giving rise to the claim took place
☐ The defendant operated a motor vehicle involved in the claim
☐ For consumer contracts — where the buyer signed the contract, where the buyer resided at the time the contract was entered, or where the goods or services were delivered (CCP § 395(b))

Venue Selected: County of [________________________________]

Basis for Venue Selection (check all that apply):

☐ Defendant resides in this county
☐ Defendant's principal place of business is in this county
☐ The transaction or occurrence giving rise to the claim took place in this county
☐ The obligation was to be performed in this county
☐ Injury to person or property occurred in this county
☐ Consumer contract — buyer signed or resided in this county
☐ Other: [________________________________]

3. PRE-FILING DEMAND LETTER

Demand Letter Checklist:

☐ Demand letter sent to defendant
☐ Date demand sent: [__/__/____]
☐ Method of delivery: [________________________________]
☐ Amount demanded: $[________________________________]
☐ Deadline for response stated in letter: [__/__/____]
☐ Copy of demand letter retained for records
☐ Proof of mailing or delivery obtained (certified mail receipt, tracking number, etc.)

Demand Letter Essential Elements:

• Full legal name and address of both parties
• Clear statement of the amount owed and the basis for the claim
• Itemized breakdown of damages
• Specific deadline for payment (typically 15-30 days)
• Statement that legal action will be pursued if payment is not received
• Contact information for response

Date Demand Was Made: [__/__/____]
Method of Demand: ☐ Written letter ☐ Certified mail ☐ Email ☐ Text message ☐ Oral demand
Response Deadline Given: [__/__/____]
Defendant's Response (if any): [________________________________]

4. JUDICIAL COUNCIL FORM REFERENCES

5. DOCUMENT HEADER

SUPERIOR COURT OF THE STATE OF CALIFORNIA
County of [________________________________] — Small Claims Division

Court Address: [________________________________]

Case No.: [________________________________]
(To be assigned by the Clerk upon filing)

SMALL CLAIMS COMPLAINT FOR MONETARY DAMAGES

Filed: [__/__/____]
Amount Demanded: $[________________________________] (exclusive of allowable court costs)

6. PLAINTIFF INFORMATION

Plaintiff Name (legal name): [________________________________]
Type of Plaintiff: ☐ Individual ☐ Sole Proprietor ☐ Corporation ☐ LLC ☐ Partnership ☐ Other: [____]

Mailing Address:
[________________________________]
[________________________________]
City: [________________________________] State: CA ZIP: [____]

Telephone: [________________________________]
Email: [________________________________]

If Entity Plaintiff:

• Business Name (as registered with CA Secretary of State): [________________________________]
• Entity Number: [________________________________]
• Name and Title of Authorized Representative: [________________________________]

Filing Limitation Representation:

☐ I have NOT filed more than two small claims actions for amounts exceeding $2,500 anywhere in California during the current calendar year.

7. DEFENDANT INFORMATION

Defendant 1:

• Legal Name: [________________________________]
• Type: ☐ Individual ☐ Sole Proprietor ☐ Corporation ☐ LLC ☐ Partnership ☐ Government Entity ☐ Other: [____]
• Address: [________________________________]
• City: [________________________________] State: [____] ZIP: [____]
• Telephone (if known): [________________________________]

Defendant 2 (if applicable):

• Legal Name: [________________________________]
• Type: ☐ Individual ☐ Sole Proprietor ☐ Corporation ☐ LLC ☐ Partnership ☐ Government Entity ☐ Other: [____]
• Address: [________________________________]
• City: [________________________________] State: [____] ZIP: [____]
• Telephone (if known): [________________________________]

8. CLAIM DESCRIPTION AND LEGAL BASIS

8.1 Parties

a. Plaintiff is, and at all times relevant was, a resident of the State of California.
b. Defendant is, and at all times relevant was, a resident of the State of California and/or conducted business within the State of California.

8.2 Jurisdiction and Venue

a. This Court has subject-matter jurisdiction pursuant to the California Small Claims Act (CCP §§ 116.110 et seq.) because the amount in controversy does not exceed the jurisdictional limits set by CCP § 116.221.
b. Venue is proper in this County because: [________________________________]

8.3 Facts Common to All Causes of Action

Date(s) of transaction/incident: [________________________________]

Nature of claim: ☐ Breach of contract ☐ Property damage ☐ Personal injury ☐ Security deposit dispute ☐ Unpaid debt ☐ Mechanic/auto repair dispute ☐ Defective goods ☐ Unpaid services ☐ Other: [________________________________]

Statement of Facts:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

8.4 Cause(s) of Action

FIRST CAUSE OF ACTION: [________________________________]
(e.g., Breach of Contract, Negligence, Goods Sold and Delivered, Conversion, Fraud, Statutory Violation)

a. Plaintiff realleges and incorporates by reference paragraphs 8.1 through 8.3.
b. [________________________________]
c. [________________________________]
d. [________________________________]

SECOND CAUSE OF ACTION (if applicable): [________________________________]

a. Plaintiff realleges and incorporates by reference paragraphs 8.1 through 8.3.
b. [________________________________]
c. [________________________________]

8.5 Compliance with Pre-Demand Requirements

Plaintiff demanded payment from Defendant on [__/__/____] via [________________________________]. The demand specified a deadline of [__/__/____]. More than [____] days have elapsed since the demand was made, and Defendant has failed to pay in full.

☐ Demand letter is attached as Exhibit [____]
☐ Proof of mailing/delivery of demand letter is attached as Exhibit [____]

9. DAMAGES CALCULATION

9.1 Itemized Damages

9.2 Damages Summary

9.3 Interest Calculation (if applicable)

• Principal amount: $[________________________________]
• Annual interest rate: [____]%
• Interest start date: [__/__/____]
• Interest end date: [__/__/____]
• Number of days: [____]
• Calculated interest: $[________________________________]

9.4 Damages Reduction (if applicable)

☐ Plaintiff voluntarily reduces the claim from $[________________________________] (actual damages) to $[________________________________] (jurisdictional maximum) and waives the excess permanently.

10. EVIDENCE CHECKLIST

Documentary Evidence:

☐ Written contract, agreement, or lease
☐ Invoices, receipts, or billing statements
☐ Demand letter and proof of mailing
☐ Correspondence (letters, emails, text messages) between the parties
☐ Photographs of damaged property, defective goods, or the scene
☐ Repair estimates or invoices from qualified professionals
☐ Medical bills (for personal injury claims)
☐ Bank statements showing payments made or not received
☐ Canceled checks or wire transfer confirmations
☐ Vehicle repair estimates (for auto-related claims)
☐ Inspection reports
☐ Written warranty or guarantee
☐ Move-in/move-out inspection reports (security deposit cases)
☐ Receipts for replacement goods or services
☐ Any written admissions or acknowledgments by the defendant

Witness Information:

☐ Witnesses have been notified of the hearing date and time
☐ Subpoena issued for reluctant witnesses (if needed — form SC-107)

11. SERVICE REQUIREMENTS AND PROOF OF SERVICE

11.1 Authorized Methods of Service (CCP § 116.340)

☐ Personal Service — A person other than the plaintiff who is at least 18 years of age personally delivers a copy of the claim and order to the defendant.

☐ Substituted Service — If personal service cannot be accomplished with reasonable diligence:

• Leave a copy with a competent adult at the defendant's home or usual place of business; AND
• Mail a copy to the defendant at the address where the papers were left.

☐ Certified Mail (with return receipt) — The court clerk may serve by certified or registered mail, return receipt requested. Service is complete on the date the defendant signs the return receipt.

☐ Service on Business Entity — Serve the designated agent for service of process, an officer, a general partner, a general manager, or a person authorized to receive service.

☐ Service on Government Entity — Serve in accordance with Gov. Code § 915.

11.2 Service Timing Requirements

Proof of service must be filed with the court at least 5 days before the hearing.

11.3 Proof of Service Details

Method of Service Used: ☐ Personal ☐ Substituted ☐ Certified Mail ☐ Other: [________________________________]

Person Who Served the Papers:

• Name: [________________________________]
• Address: [________________________________]
• Relationship to plaintiff: [________________________________]
• Age (must be 18+): [____]

Service Details:

• Date of service: [__/__/____]
• Time of service: [________________________________]
• Location of service: [________________________________]
• Person served (name): [________________________________]
• If substituted service, name and relationship of person to whom papers were given: [________________________________]
• Date of follow-up mailing (if substituted service): [__/__/____]

Proof of Service Form Filed: ☐ SC-104 ☐ SC-104A ☐ SC-104B
Date Filed with Court: [__/__/____]

12. FILING FEES AND FEE WAIVERS

12.1 Filing Fee Schedule (Gov. Code § 70613)

☐ Filing fee paid: $[________________________________]
☐ Receipt number: [________________________________]

12.2 Fee Waiver

☐ Fee waiver requested — Form FW-001 submitted
☐ Fee waiver granted on [__/__/____]
☐ Fee waiver denied — filing fee paid on [__/__/____]

12.3 Additional Costs

13. HEARING PREPARATION GUIDE

13.1 Before the Hearing

☐ Verify the hearing date, time, and courtroom location
☐ Confirm proof of service was filed at least 5 days before the hearing
☐ Organize all documents and evidence in chronological order
☐ Prepare three complete sets of all documents (judge, defendant, your records)
☐ Prepare a brief written timeline or summary of key facts (1-2 pages)
☐ Practice your presentation — aim for 5-10 minutes or less
☐ Contact the county's Small Claims Advisor for free guidance (CCP § 116.940)
☐ Confirm witnesses will attend; serve subpoenas if needed (form SC-107)
☐ Visit the courtroom before your hearing date to observe other cases (optional but recommended)
☐ Review the defendant's response or cross-complaint, if any

13.2 At the Hearing

☐ Arrive at least 30 minutes early
☐ Dress professionally
☐ Bring photo identification
☐ Bring all original documents — the judge may ask to see originals
☐ Be prepared to answer questions from the judge
☐ Address the judge as "Your Honor"
☐ Speak clearly, stay calm, and be factual
☐ Do not interrupt the defendant or the judge
☐ Present your case chronologically: (1) what happened, (2) what you are owed, (3) your evidence
☐ If the defendant makes a counterclaim, be prepared to respond

13.3 After the Hearing

☐ The judge may announce the decision immediately or mail it within a few days
☐ If judgment is in your favor, the court will mail a Notice of Entry of Judgment (form SC-142)
☐ If judgment is against you, review appeal rights (see Section 15)
☐ Retain all documents — they may be needed for enforcement or appeal

14. NO ATTORNEY RULE AND EXCEPTIONS

14.1 General Rule (CCP § 116.530)

No attorney may take part in the conduct or defense of a small claims action at the hearing. Parties must represent themselves.

14.2 Exceptions to the No-Attorney Rule

Attorneys may participate in the following circumstances:

☐ The attorney is appearing on behalf of a partnership in which he or she is a general partner and all partners are attorneys
☐ The attorney is appearing on behalf of a professional corporation of which he or she is an officer or director and all other officers and directors are attorneys
☐ The court has permitted the attorney to appear on behalf of a party who is incapacitated or otherwise unable to represent himself or herself (CCP § 116.540)

14.3 What Attorneys CAN Do

Even though attorneys cannot appear at the hearing, they may:

☐ Advise a party before and after the small claims action
☐ Help prepare the claim, evidence, and documents
☐ Testify as a witness if they have personal knowledge of relevant facts
☐ Represent a party on appeal to the superior court appellate division
☐ Assist with post-judgment enforcement

14.4 Transfer to Regular Civil Court

If the defendant files a motion to transfer the case to regular civil court (CCP § 116.390), the small claims jurisdictional limit and attorney restrictions no longer apply. Either party may then retain counsel.

15. APPEAL RIGHTS AND PROCEDURES

15.1 Appeal Rights Summary (CCP §§ 116.710-116.795)

15.2 Appeal Procedures

• Deadline: Notice of Appeal must be filed within 30 days after the clerk mails or delivers the Notice of Entry of Judgment (form SC-140).
• Filing Fee: A filing fee is required for the appeal (approximately $75).
• Appeal Hearing: The appeal is heard de novo (a completely new trial) in the superior court's appellate division.
• Attorneys Permitted: Both parties may be represented by attorneys at the appeal hearing.
• Judgment Stayed: Filing an appeal stays enforcement of the judgment until the appeal is decided.

15.3 Motion to Vacate (Alternative to Appeal)

A plaintiff who did not appear at the hearing may file a motion to vacate the judgment (CCP § 116.720). This is not an appeal — it requests the court set aside the judgment and schedule a new hearing.

• Deadline: Must be filed within 30 days after the clerk mails the Notice of Entry of Judgment.
• Grounds: The plaintiff must show good cause for the failure to appear.

16. DEFENDANT'S CLAIM / CROSS-COMPLAINT

16.1 Key Facts About Defendant's Claims

• The defendant may file form SC-120 (Defendant's Claim and ORDER to Go to Small Claims Court) as a cross-complaint.
• The defendant's claim must arise from the same transaction or occurrence as the plaintiff's claim, or be an independent claim against the plaintiff.
• The defendant's claim is subject to the same jurisdictional limits ($12,500 for natural persons; $6,250 for entities).
• If the defendant's claim exceeds the small claims jurisdictional limit, the defendant may request transfer to regular civil court (CCP § 116.390).
• The plaintiff has the right to appeal an adverse judgment on the defendant's cross-claim.

16.2 Responding to a Defendant's Claim

☐ Review the defendant's claim carefully upon receipt
☐ Prepare evidence and witnesses to defend against the cross-claim
☐ Gather documents that refute the defendant's allegations
☐ Be prepared to present your defense at the same hearing

17. JUDGMENT ENFORCEMENT

17.1 Post-Judgment Timeline

17.2 Enforcement Tools

☐ Writ of Execution (form EJ-130) — Directs the sheriff/marshal to levy on the debtor's assets (bank accounts, wages, personal property). Filing fee: approximately $40.

☐ Abstract of Judgment (form EJ-001) — Creates a lien on any real property owned by the debtor in the county where the abstract is recorded. Filing fee: approximately $40.

☐ Earnings Withholding Order — Garnishes the debtor's wages (up to 25% of disposable earnings under CCP § 706.050).

☐ Debtor's Examination (form SC-134/AT-138) — Requires the debtor to appear in court and disclose assets, income, and employment information under oath.

☐ Bank Levy — The sheriff serves the writ of execution on the debtor's bank, freezing and collecting funds in the account.

☐ Vehicle Lien / Till Tap Levy — For business debtors, the sheriff may collect cash from a business's cash register.

17.3 Satisfaction of Judgment

☐ Once the judgment is paid in full, the creditor must file an Acknowledgment of Satisfaction of Judgment (form EJ-100) with the court within 14 days of receiving full payment.

18. COMMON CLAIM TYPES

18.1 Security Deposit Disputes (Civ. Code § 1950.5)

Elements:

• Tenancy existed and has been terminated
• Landlord failed to return the security deposit within 21 days of move-out
• Landlord failed to provide an itemized statement of deductions
• Deductions were unreasonable or not supported

Special Damages: If the landlord acted in bad faith, the tenant may recover up to twice the amount of the security deposit (Civ. Code § 1950.5(l)).

Key Evidence: Lease agreement, move-in/move-out inspection reports, photographs, correspondence with landlord, itemized statement (if provided)

18.2 Breach of Contract

Elements:

• A valid contract existed between the parties
• Plaintiff performed (or was excused from performing) under the contract
• Defendant breached the contract
• Plaintiff suffered damages as a result of the breach

Key Evidence: Written contract, proof of performance, communications showing breach, invoices, proof of damages

18.3 Property Damage

Elements:

• Defendant owed a duty of care to the plaintiff
• Defendant breached that duty
• The breach caused damage to the plaintiff's property
• The plaintiff suffered quantifiable damages

Key Evidence: Photographs of damage, repair estimates (at least two), receipts for repairs already made, police or incident reports

18.4 Personal Injury

Elements:

• Defendant owed a duty of care to the plaintiff
• Defendant breached that duty (acted negligently)
• The breach caused the plaintiff's injuries
• The plaintiff suffered damages

Key Evidence: Medical records and bills, photographs of injuries, police or accident reports, witness statements, proof of lost wages

18.5 Mechanic / Auto Repair Disputes

Elements:

• Plaintiff authorized specific repairs at a quoted or estimated price
• Defendant performed unauthorized repairs, overcharged, or performed defective work
• Plaintiff suffered financial harm as a result

Special Rules: Under the Automotive Repair Act (Bus. & Prof. Code §§ 9880-9889.68), repair shops must provide a written estimate, obtain authorization before performing work, and return replaced parts upon request.

Key Evidence: Written estimate, work authorization, final invoice, photographs, second-opinion repair estimate, Bureau of Automotive Repair complaint (if filed)

18.6 Unpaid Debts / Goods Sold and Delivered

Elements:

• Goods or services were provided to the defendant
• The defendant agreed to pay for the goods or services
• The defendant has failed to pay

Key Evidence: Invoices, delivery receipts, contracts, communications acknowledging the debt

18.7 Fraud / Misrepresentation

Elements:

• Defendant made a false representation of a material fact
• Defendant knew the representation was false (or made it recklessly)
• Defendant intended to induce the plaintiff to rely on it
• Plaintiff reasonably relied on the representation
• Plaintiff suffered damages as a result

Key Evidence: Written or recorded statements, advertising materials, contracts, proof of reliance, proof of damages

19. TIMELINE AND DEADLINES

Statutes of Limitations (selected):

20. VERIFICATION AND DECLARATION

20.1 Non-Assignment Representation

Plaintiff represents that the claim described herein has not been assigned and is owned outright by Plaintiff.

20.2 Filing Limitation Representation

Plaintiff represents that he/she/it has not filed more than two small claims actions for amounts greater than $2,500 each in any court in the State of California during the current calendar year.

20.3 Declaration of Non-Military Status (SC-103)

Plaintiff declares that the defendant is not currently serving on active duty in the United States military, or that the defendant's military status is unknown and Plaintiff has made diligent efforts to determine the defendant's military status.

☐ Form SC-103 completed and attached

20.4 Verification Under Penalty of Perjury

I, the undersigned Plaintiff, declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Executed on [__/__/____] at [________________________________], California.

Signature: [________________________________]
Printed Name: [________________________________]

21. PRAYER FOR RELIEF

WHEREFORE, Plaintiff respectfully prays for judgment against Defendant as follows:

1. For damages in the principal amount of $[________________________________], or such lesser amount as the Court deems proper within its jurisdictional limits;
2. For pre-judgment interest at the rate of [____]% per annum from [__/__/____] (if applicable);
3. For court costs, including filing fees and service costs, in the amount of $[________________________________];
4. For post-judgment interest at the statutory rate of 10% per annum (CCP § 685.010);
5. For such other and further relief as the Court deems just and proper within its jurisdictional authority.

22. EXECUTION BLOCK

DATED: [__/__/____]

PLAINTIFF:

[________________________________]
[________________________________]
[________________________________]
[________________________________]
[________________________________]

(Signature)
(Printed Name)
(Title, if entity plaintiff)
(Address)
(Telephone / Email)

23. EXHIBIT INDEX

24. SOURCES AND REFERENCES

• California Small Claims Act — CCP §§ 116.110-116.960
• CCP § 116.220 — Jurisdiction
• CCP § 116.221 — Jurisdictional Limit for Natural Persons ($12,500)
• CCP § 116.340 — Service of Claim
• CCP § 116.370 — Venue
• CCP § 116.530 — No Attorney Representation at Hearing
• CCP §§ 116.710-116.795 — Appeal Rights
• CCP § 116.820 — Enforcement of Judgment
• Judicial Council Forms — Small Claims
• SC-100 — Plaintiff's Claim and ORDER to Go to Small Claims Court
• SC-104 — Proof of Service (Small Claims)
• California Courts Self-Help — Small Claims
• Gov. Code § 70613 — Filing Fees
• Fee Waiver Forms — FW-001 and FW-003
• Civil Code § 1950.5 — Security Deposits
• Bus. & Prof. Code §§ 9880-9889.68 — Automotive Repair Act

END OF TEMPLATE

Prepared for attorney review. This template is provided for informational purposes only and does not constitute legal advice.