Small Claims Document Preparation

Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is called the plaintiff. The person who is sued is called the defendant. You are not allowed to have a lawyer represent you at the hearing in small claims court. But you can talk to a lawyer before or after court.

How Much Can You Sue for in Small Claims Court?

In general, a natural person (an individual) cannot ask for more than $10,000 in a claim. Businesses and other entities (like government entities) cannot ask for more than $5,000. This limit on businesses does not apply to sole proprietors, who are treated as natural persons. You can file as many claims as you want for up to $2,500 each. But you can only file 2 claims in a calendar year that ask for more than $2,500.

There are some exceptions to the $10,000 limit for individuals:

As a natural person, you can only sue a guarantor for up to $6,500 ($2,500 if they do not charge for the guarantee). A “guarantor” is a person or company that promises to be responsible for what another person owes. (If you are an entity other than a natural person and the guarantor charges for its services, you may file a claim for up to $4,000.)

But, you can sue the Registrar of the Contractors (the executive officer of the Contractors State License Board) as a guarantor for up to $10,000.

Collections agencies cannot sue in small claims court to collect on debts that are assigned to them.

Types of Small Claims Cases

There are different kinds of cases you can file in small claims court.

Some common types of small claims cases are disputes about:

Property damage or personal injury from a car accident;
Landlord/tenant security deposits;
Damage to your property by a neighbor;
Disputes with contractors about repairs or home improvement jobs;
Collection of money owed;
Homeowner association disputes; and
Many other issues.

Our office charges a flat fee of $200.00 to fill out all of your paperwork and files with the court. Court filing fees are not included. Please see below for all fees associated with Small Claims Cases.

Fees in Small Claims Cases:

Filing claim for $1,500………………………………………………………………………………………………………………………………….………$30

Filing claim for more than $1,500 but less than or equal to $5,000 …………………………………………………………………………………..……$50

Filing claim for more than $5,000 but less than or equal to $10,000 (claim by natural persons only, with certain exceptions) …..…………………$75

Filing claim by person who has filed more than 12 small claims in California within the previous 12 months ……………………..….…..………..$100

Amendment raising amount of claim from $1,500 or less to more than $1,500 but not exceeding $5,000 …………………….….………..…………$20

Amendment raising amount of claim from more than $1,500 but not exceeding $5,000 to more than $5,000 but not exceeding $10,000

(claim by natural persons only, with certain exceptions) …………………………………………………………………………………………………..$25

Amendment raising amount of claim from $1,500 or less to more than $5,000 but not exceeding $10,000 (claim by natural persons

only, with certain exceptions) …………………………………………………………………………………………………………………………………$45

Transfer of case out of small claims court (defendant’s claim exceeding jurisdictional limit) (no receiving court filing or transfer fee) ….…….No fee

Request for postponement of hearing, if defendant has been served ……………………………………………………………………………….……$10

Notice of appeal of small claims case/Writ of Review, Mandate, or Prohibition ……………………………………………………………………….…$75

Motion to vacate ………………………………………………………………………………………………………………………………………………..$20

Judgment paid to court – small claims ……………………………………………………………………………………………………………………Varies

Fee for payment of judgment to court ………………………………………………………………………………………………………………….…….$20

Application for order of examination of judgment debtor ……..……………………………………………………………………………………..….…$60

Writ of execution …….……………………………………………………………………………………………………………………………………….…$25

Abstract of judgment ……………………………………………………………………………………………………………………………………….…..$25