California Small Claims: $12,500 for You, $6,250 for a Business, and No Lawyers

What is the small claims limit in California?

California's small claims court is a division of the superior court for money disputes small enough that the parties argue them themselves. Its ceiling depends on who is suing, not on what the dispute is about. A natural person, meaning an individual rather than a company, may claim up to $12,500 under §116.221. Any other plaintiff, including a corporation, an LLC or a partnership, is limited to $6,250 under §116.220(a)(1). Both figures have applied since 1 January 2024, when Senate Bill 71 amended both sections.

Claims against a guarantor or surety, such as a contractor's licence bond, have their own lower ceilings, set out in the table. If your claim is worth more than the limit, §116.220(d) lets you waive the excess and stay in small claims, but the waiver becomes final at judgment: you cannot sue again later for the part you gave up. The alternative is a limited civil case, which covers claims up to $35,000 (§85) and in which both sides may use lawyers.

How many claims over $2,500 can you file in a year?

Two. Section 116.231(a) says no person may file more than two small claims actions demanding more than $2,500 anywhere in California in a calendar year. Every claim above $2,500 must come with a declaration, signed under penalty of perjury, that you have not already used both. Claims of $2,500 or less do not count towards the limit.

The rule matters most to landlords, contractors and small businesses that collect several debts a year. A third large claim in the same year has to wait until 1 January, be reduced to $2,500, or go to the limited civil court. Local public entities are exempt for claims up to $5,000, but they too may not claim more than $5,000 in small claims (§116.231(d)).

How much does it cost to file a small claim in California?

The filing fee is set by statute (§116.230) and listed in the Judicial Council's statewide civil fee schedule effective 1 January 2026. It is $30 for a claim of $1,500 or less, $50 for more than $1,500 up to $5,000, and $75 for more than $5,000. Anyone who has filed more than 12 small claims in California in the previous 12 months pays $100 whatever the amount. If the clerk serves the claim by mail for you, that costs $15 per defendant.

If you win, the judgment includes your costs, including the cost of serving the defendant (§116.610(g)), although the part of a frequent filer's $100 fee above the normal fee is not recoverable. If you cannot afford the fees, you can ask the court to waive them using the Judicial Council fee waiver forms (§116.320(c)). One change is already law: Assembly Bill 2781 (Chapter 98, Statutes of 2026) moves the top of the $50 band from $5,000 to $6,250. Enacted on 16 July 2026 with no urgency clause, it takes effect on 1 January 2027 (California Constitution, art. IV, §8(c)).

Can you have a lawyer in small claims court in California?

Not at the hearing. Section 116.530(a) says that no attorney may take part in the conduct or defence of a small claims action. The rule binds both sides equally, so a company cannot send its law firm against an individual. The only attorneys who may appear are those suing or being sued in their own name, or acting for a partnership or professional corporation made up entirely of attorneys.

A lawyer can still help you outside the courtroom. Section 116.530(c) allows an attorney to advise you before or after the case is filed, to testify about facts they know, to represent you on appeal, and to help enforce the judgment. Every county must also provide free help from a small claims advisor (§116.260), which is often the cheapest way to check your paperwork.

How do you file and serve a small claims case?

You file a claim under oath with the small claims clerk, in person, by mail or electronically where the court allows it (§116.320(a)). The claim form asks you to confirm that you have asked the defendant to pay and they have not, and that you understand you will have no right of appeal on your own claim. The clerk then sets a hearing between 20 and 70 days after the order (§116.330).

The defendant must then be served with the claim. Section 116.340 allows service by the clerk using mail with a return receipt, by personal delivery, or by substituted service. It must be completed at least 15 days before the hearing if the defendant lives in the same county, or 20 days if they live elsewhere, and proof of service must reach the court at least five days before the hearing.

Who can appeal a small claims judgment?

This is the rule that surprises plaintiffs. Under §116.710(a) the plaintiff has no right to appeal a judgment on their own claim. The defendant can, and so can a plaintiff on any counterclaim the defendant brought against them. The defendant's insurer may also appeal if the judgment is above $2,500 and the insurer accepts that its policy covers the claim (§116.710(c)).

An appeal is not a review of the paperwork. Under §116.770 it is a completely new hearing in the superior court before a different judicial officer, and lawyers may take part. The notice of appeal must be filed within 30 days after the clerk delivers or mails notice of entry of the judgment (§116.750), and the fee is $75 (§116.760). If the court finds an appeal was brought in bad faith to harass or delay, it may award the other side up to $1,000 in attorney's fees and up to $1,000 for lost earnings and expenses (§116.790).

What if one side misses the hearing?

A plaintiff who missed the hearing can file a motion to vacate within 30 days after the clerk mailed notice of entry of the judgment, and the court may grant it for good cause (§116.720).

A defendant who did not appear loses the right to appeal. The route back is the same motion to vacate, filed within 30 days (§116.730), with a $20 fee. If the motion is denied, the defendant may appeal only that denial, within 10 days of the court mailing or delivering notice of it.

Is it worth suing for $2,000, $6,000 or $12,500?

On cost alone, almost always. Court fees in California small claims are low and fixed, and because lawyers are kept out of the hearing, neither side can run up a legal bill that dwarfs the claim. The real costs are your time, one of your two large claims for the year, and the risk of winning a judgment against someone who cannot pay. The ladder below adds the filing fee to the $15 clerk mail service fee, for one defendant.

Before you file: a short checklist

Small claims court rewards preparation rather than spending. Most cases that go wrong are decided before the claim is filed: the wrong defendant, a figure that cannot be proved, a deadline that has passed, or a plaintiff who did not realise there would be no second chance.