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How to Sue in Small Claims Court
Getting Started in Small Claims Court
Small Claims Court is a good place to resolve disputes cheaply and quickly. Small claims procedures are more casual than a regular court. The parties represent themselves without lawyers.
If you file a case, you are called the Plaintiff. The person you sue is the Defendant. You start your case by filling out a Plaintiff’s Claim form and filing it with the court clerk.
How much can I sue for?
If you are an individual, you can file two cases each year for as much as $7,500. For each additional case filed, you can only sue for $2,500 or less. If you are a business or corporation, you can file two cases each year for as much as $5,000. Additional cases can only be for $2,500 or less.
Can I sue for more than $7,500?
No. You can reduce the amount of your claim or sue in a higher court. You cannot split your claim into two cases to meet the limit.
Are there time limits to file my case?
Yes. If your case is not filed in time, the Judge can dismiss it. You must file your case before:
- Written contract – four years from the date the contract was broken;
- Oral contract – two years from the date the contract was broken;
- Personal injury – two years from the date of injury or from the date you discovered you were injured;
- Property damage - three years from the date the damage happened;
- Fraud - three years from the date you discover you were defrauded.
Where do I file my case?
You may file your case at the court nearest to where the contract was signed, the person you are suing lives or the business is located. You can also file where the accident occurred. (See Venue.)
How much does it cost to file?
The filing fee is based on the amount of your claim. If you file less than 12 claims in one year the following fees apply:
- $30 for a claim up to $1,500
- $50 for a claim of $1,500.01 to $5,000
- $75 for a claim of $5,000.01 to $7,500
If you file more than 12 claims, the fee is $100 regardless of the amount you are suing for.
How soon is the court date?
A court hearing will be scheduled within 20 to 70 days.
How do I notify the Defendant?
A copy of your Plaintiff’s Claim must be given to the person you are suing. A Proof of Service must be filled out and filed with the court to prove the Defendant was served. (See Serving Court Papers.)
Can the Defendant sue me?
Yes. The person you are suing can counter-sue you. They do this by filing a Defendant’s Claim and having a copy served to you.
Can I change my court date?
Yes. If you have not served the Defendant you can request a Reset free of charge. If you have served the Defendant you can request a Postponement and pay a $10 fee. The Request for Postponement should be filed at least 10 days prior to your court hearing.
Preparing for court
You will need to bring evidence to court that proves to the Judge that you are owed money. Here are some examples of evidence you can start gathering for your day in court:
- Receipts or cancelled checks that prove you are owed money.
- Bills or repair estimates.
- Photographs of property damage.
- Written contracts, agreements or other documents that prove your case.
You can also bring witnesses to court. (See Subpoena.)
What if I don't speak English?
If you do not speak English, bring someone to court who can interpret for you.
Court forms are available here and at California Courts - Forms. Select "Small Claims" from the pull down menu. Forms are also available at the Court Clerk's office.
Contact us for more information or speak with one of our counselors at (800) 593-8222. If you live outside of Southern California, call us at (213) 974-9759.
Updated March 1, 2008
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street *
Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within LA County)
web site: dca.lacounty.gov