Here is some information from the San Diego Superior Court:
- 1. Who can file a claim?
- As an individual you can use Small Claims Court if your claim is for $7,500 or less.
- Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court. If a husband and wife sue or are sued, one spouse may represent the other in Small Claims Court.
- You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem, who can then act on your behalf. The guardian ad litem is usually a parent, relative or an adult friend but cannot be someone who is a party on the same case.
- If you are an individual who owns a business (i.e. sole proprietor) and are doing business under a fictitious business name, you are considered to be an ‘individual’ in Small Claims Court. For example, if you are a plumber doing business as ABC Plumbing and want to sue a customer who has not paid you, you may file a claim for up to $7,500.
- If you are a business who has filed a fictitious business name statement, you must include your statement number and date of expiration on the claim form. You cannot file a case in small claims court without a valid fictitious business name statement.
- If your business is a corporation, partnership or anything other than a sole proprietorship, your maximum claim amount is $5,000.
- A corporation or other entity that is not an individual must be represented by a regular employee or representative. The employee cannot be hired solely to represent the corporation or other entity in small claims court. The employee or representative is required to file a declaration with the court stating the basis of their authority to represent an entity.
- You cannot file more than two small claims cases anywhere in California for more than $2,500 each during a calendar year.
- If you have a claim for more than $5,000 (or more than $7,500 if an individual), you may file your action in the Civil Division of the Superior Court.
2. Where can I file a claim?
You must file your claim in the proper venue (county) and court location (courthouse within the county). If you file your claim in the wrong venue, the court may dismiss your claim. If you file your claim in the wrong court location, the court may transfer the case to the proper court location or it may dismiss the case.
3. Does the court provide an interpreter?
If you are involved in a small claims hearing, the court will not provide you with an interpreter. You may bring a relative or a friend to interpret for you. This person should be able to interpret statements made by the judge, the plaintiff, and the defendant.
4. Does the court provide a small claims advisor?
The Superior Court of California provides a Small Claims Legal Advisor at no cost. The advisor is available to assist with small claims issues and procedures from filing through enforcement. For more information about the court’s Small Claims Advisory program, visit our Small Claims Advisor page.
5. What are the rules about designating a defendant?
- You must be careful to designate the defendant properly using his/her/its exact legal name. If the defendant is a corporation, check with the California Secretary of State for the exact name and the agent authorized to receive service of process for the corporation. For other types of businesses, check the city business license or the county fictitious business name statement. If you do not designate the defendant’s exact legal name, you may not be able to enforce the judgment.
- If your claim is against a governmental agency, you must first file a formal claim with the agency and have your claim denied before you file a claim in court. Generally, you have six months after the incident or dispute to file a complaint with the agency.
6. How does the defendant find out about the lawsuit?
You must make sure the defendant receives a copy of the claim you filed. This is called “service of process.” Service of process has strict rules that must be followed exactly or your case will be delayed or dismissed. The plaintiff cannot complete service of process himself/herself .
7. What happens after the trial?
The prevailing party must wait 31 days from the date of the mailing of the Notice of Entry of Judgment before taking any action to collect the judgment. During this period (30 days), the opposing party has a right to APPEAL. If the opposing party was not present at the small claims hearing, he or she has no right to appeal, but may file a MOTION TO VACATE. For more information on post-judgment proceedings, see our After the Trial page.
8. How do I enforce the court’s judgment?
For specific enforcement procedures see our How to Collect page.
9. How do I recover costs and fees?
- At Trial – If you file a Small Claims lawsuit and win the case, the court will generally award you the following costs and fees:
