Navigating the Small Claims Court Process

Learn more about the small claims court process and what to do before and during your claim if your dispute involves small claims court.

Small claims court in California is designed to be a fast, simple, and affordable way to resolve disputes involving smaller amounts of money—without the need for a lawyer. Individuals and businesses can present their cases directly to a judge, making the process more accessible and less formal than other courts.

Before You File

Document the subject of the dispute. Take still photos and have a small number of the best hard copies ready to show the judge. Keep copies of any bills and receipts related to the dispute.

Send a “demand” letter preferably 1-2 pages in length to the other side. The letter should explain the basis for your claim and itemize your damages. It should provide a reasonable deadline with a statement that you will sue unless the matter is resolved prior to the deadline. If you proceed to a trial, the letter should be in a suitable form to show to the judge as an informal “brief” for your case.

If you have trouble finding the other side, try the county assessor, or search the internet. You can also look at the endorsement on the back of your old rent checks.

If you have witnesses, have them write a short statements of the facts they actually observed, which they should sign and date “under penalty of perjury” in case they can’t come to court.

Make sure your claim is within the statute of limitations. Generally, if you file before one year, your case will be timely, but the actual rules are more complex.

Recognize the commitment in time and energy that will be required to go through the process. You will need to fill out the court forms and file them with the court. You will need to have the proper forms served on the opposing party. You will need to appear in person for the court hearing, more than once if there is a continuance. If you are successful, you may have to attend a second trial if the opposing party appeals, and you will need to take further steps to collect your judgment.

When You Are Ready to File

Access your county small claims court website to file. Each county site has detailed information on the small claims procedures, such as how to serve papers, or obtain an interpreter, with a number of additional links, including links to the forms you will need in the county you are filing, and the state self help site. The site also lists the locations of the courts that hear small claims cases.

At the Hearing

Have two extra copies of your demand letter, and any other evidence such as witness statements or still photos to give to the judge and to show to the opposing party, but keep the total documents to a small number that the judge can easily review. Don’t expect extensive time to present witnesses.

Prepare your own “testimony” so that you can accurately summarize your case in 5-10 minutes.

Have a “bottom line” settlement in mind because you will probably be asked to try to settle before the judge hears the case. When you think about settling,remember all the remaining steps that will be necessary ifthe case goes to trial. Remember also thatif you have a money judgment entered against you, it will probably appear on your credit report for 7-10 years even if paid.

After the Hearing

Read the decision and instructions carefully and check the small claims website again because there are strict time limits that apply to post-trial requirements.

Remember that settlement, either directly or through mediation, may still be a valid option in light of the post-trial process such as collection and appeal.

Contact Project Sentinel for Assistance

Our mission is to develop and promote fairness and equality of housing for all persons and to advocate peaceful resolution of disputes for community welfare and harmony.

We Can Help!

Project Sentinel is a non-profit housing agency that provides education, counseling, and tenant-landlord dispute resolution to community members, housing providers.

If you are a tenant, we may be able to:

explain your housing rights and responsibilities under housing laws
educate the owner or manager about their legal obligations
negotiate with the property owner or manager on your behalf
provide referrals for further assistance

If you are a housing provider, we may be able to:

explain your obligations under housing laws
conduct a rights and responsibilities training for you and/or your staff
provide you with additional educational resources