How do I file a small claims case in California to get money someone owes me?
In California, people commonly use small claims court to try to recover money owed. A claimant starts by filing a simple, court-approved claim form that states the amount, the reason for the claim, and that payment was demanded and refused. The clerk schedules a hearing and gives notice to the defendant. Court staff can provide forms and basic filing information but cannot give legal advice.
Filing costs vary by how many small claims the filer has made recently and by the amount demanded. The defendant may file a counterclaim in the same case. Hearings are set within a time window and parties are expected to bring witnesses and documents to prove their positions at the hearing.
Current California law
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The deadline that matters
A hearing must be scheduled no earlier than 20 days and no later than 70 days from the clerk's order.
What California law says
The law lets a plaintiff start a small claims action by filing a sworn claim form in person, by mail, or electronically, using the Judicial Council form that lists the defendant, amount, basis of the claim, and that the plaintiff demanded payment but the defendant refused, and explains limited rights to appeal and representation under Cal. Civ. Proc. Code § 116.320. When a claim is filed the clerk must schedule the hearing and issue an order directing the parties to appear with witnesses and documents; the hearing is set no earlier than 20 days and no later than 70 days from the order under Cal. Civ. Proc. Code § 116.330. Filing fees are limited to the amounts listed in Cal. Civ. Proc. Code § 116.230, and a $15 fee applies if the clerk mails a copy of the claim to the defendant under Cal. Civ. Proc. Code § 116.232. A defendant may file a claim against the plaintiff in the same action within the court's jurisdictional limits, and the defendant's claim must be filed and served as provided for the plaintiff's claim under Cal. Civ. Proc. Code § 116.360 and related court rules such as Cal. R. Ct. 3.2104 and Cal. R. Ct. 3.2110. For certain money-recovery cases described as collections cases, separate civil case procedures may apply under Cal. R. Ct. 3.740.
What to do
A common first step is to complete the court-approved small claims form describing the amount owed, the reason, and whether payment was demanded, as described in Cal. Civ. Proc. Code § 116.320.
A common next step is to file the claim with the clerk and pay the applicable filing fee under Cal. Civ. Proc. Code § 116.230, or ask to waive fees if unable to pay using Judicial Council forms.
A common step is to gather documents, receipts, contracts, and witness information and follow the clerk’s order to serve the defendant, noting the clerk will set a hearing date between 20 and 70 days after filing as required by Cal. Civ. Proc. Code § 116.330.
A common option is to expect and prepare for the possibility the defendant may file a counterclaim in the same case under Cal. Civ. Proc. Code § 116.360.
A common final step is to appear at the hearing with witnesses and documents to prove the claim, as the clerk’s order will direct.
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Common questions
How much does it cost to file a small claims case?
Filing fees depend on how many small claims the filer has filed in the past 12 months and the amount demanded; the court must charge only the fees listed in Cal. Civ. Proc. Code § 116.230.
Can the defendant sue me back in the same small claims case?
Yes, a defendant may file a claim against the plaintiff in the same action within the court’s monetary limits; the defendant’s claim must be filed and served as provided in Cal. Civ. Proc. Code § 116.360 and related rules.
When will my hearing be scheduled after I file?
When a claim is filed the clerk must schedule the hearing and issue an order; the hearing date must be set no earlier than 20 days and no later than 70 days after the order under Cal. Civ. Proc. Code § 116.330.
Can a court clerk help me fill out forms or answer questions?
The clerk must provide Judicial Council forms and certain informational materials, and may answer questions about filing, service, and scheduling, under Cal. R. Ct. 3.2110.
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This page provides legal information about California small claims procedures, not legal advice. CiteLaw is not a law firm and does not represent you. For advice about your specific situation, consult a licensed attorney.
