How to File a Small Claims Suit in California

For cases under $7,500 in California, you may file in small claims court. Landlord/tenant disputes, auto accidents and collection of money owed are cases that often land in small claims court.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Computer with Internet access
• Evidence to back up your claim

Prepare to File a Small Claims Suit

1. Let Nolo help you take control of your legal affairs. Nolo offers basic legal guidance on its Web site and in their line of books geared towards small claims court, including "Everybody's Guide to Small Claims Court in California" (see Resources below).
2. Keep written documentation of any collection efforts you made before you filed suit and provide this as part of your evidence. Trying to settle the dispute prior to filing in court often makes your case stronger.
3. Check your county court's Web site (see Resources below). While the basics remain the same, each county in California has its own forms and filing process.
4. Speak with a small claims advisor who can answer any questions you may have and help you with the paperwork. In larger cities, advisors are available at the Department of Consumer Affairs (see Resources below). Otherwise, your local court can provide you with the location of small claims advisors.
5. Gather as much evidence as possible, including all contracts and receipts. As the plaintiff in California, you cannot file an appeal if you lose. However, defendants have the right to an appeal if the judge rules against them.

File Your Small Claims Suit

6. Fill out the entire small claims packet. California's EZ Legal File lets you fill out the necessary plaintiff claim forms online and print them at home (see Resources below).
7. File your Plaintiff's Claim form with the court's clerk, along with any other documents that apply to your claim. Your court date will be set 20 to 70 days from when you file suit.
8. Serve the defendant with the claim and notice to appear. In California, you may have a party not related to the case personally serve the claim.

Tips & Warnings

• Check to see if your county has online filing available. San Mateo and Santa Cruz counties pioneered the statewide E-Delivery Service in California, allowing you to file small claims cases online, while Los Angeles Superior Court uses its own e-filing system.