Yes—you absolutely can sue a business in California small claims court. Whether you’re a consumer, an independent contractor, or another business, small claims is often the most practical option to recover money from a company that failed to deliver services, caused damage, or breached an agreement.
This guide explains when you can sue a business, how to prepare, what documents you need, and how to serve the company legally under California law.
When Can You Sue a Business in Small Claims?
You can sue a business in small claims court if your claim is for $12,500 or less (as an individual) and the dispute involves money damages only. Common reasons for suing a business include:
- Unpaid services or invoices
- Damaged or defective products
- Breach of contract
- Property damage caused by the business
- Failure to honor a warranty or agreement
- Unfair business practices or fraud
As long as your claim falls within the court’s dollar limit and doesn’t require an attorney to represent you, small claims is an efficient and cost-effective route.
Step 1: Identify the Business Correctly
To sue a business, you must list its correct legal name and structure on the court paperwork—not just the name on the storefront or website.
Businesses in California may be:
- Sole proprietorships (John Doe dba JD Plumbing)
- Partnerships
- LLCs (ABC Services, LLC)
- Corporations (ABC Services, Inc.)
Use the California Secretary of State website to search for the business name and identify:
- The official business entity name
- The registered agent for service of process
- The business address or mailing address on file
For sole proprietors, you may need to list both the business name and the owner’s legal name.
Tip: Suing the wrong name or missing the owner may cause your case to be dismissed.
Step 2: Make a Formal Demand for Payment
Before filing a small claims case, California requires you to attempt to resolve the issue first. Send a demand letter to the business outlining:
- What the issue is
- What you’re requesting (e.g. a refund, payment, reimbursement)
- A deadline (typically 10–14 days)
- A statement that you’ll file a lawsuit if it’s not resolved
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Keep a copy of your demand letter and proof that it was sent (certified mail, email confirmation, etc.).
Step 3: Complete and File Form SC-100
Use Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court) to file your lawsuit. You’ll include:
- Your name and contact information
- The business’s exact legal name
- The amount you’re suing for
- A short explanation of what happened
- Confirmation that you attempted to resolve the issue
- The reason for filing in a specific county
Not sure how to list the business correctly or where to file? Our guided tool walks you through it:
Step 4: File with the Right Court
Venue is typically based on:
- Where the business is located
- Where the agreement was made or broken
- Where the harm or damage occurred
If the business operates in multiple counties, choose the one that’s most directly connected to your dispute.
Step 5: Serve the Business Properly
The court will not hear your case unless the business is properly served with a copy of your filed claim.
For businesses, serve:
- The owner (for sole proprietorships)
- A partner (for partnerships)
- The registered agent (for LLCs or corporations)
Service can be done by:
- A process server
- A third party (18 or older, not involved in the case)
- The sheriff (in some counties)
We handle this for you. Our full-service package includes professional service of process:
After service, make sure your process server completes and files Form SC-104 (Proof of Service).
Step 6: Bring Documentation to Your Hearing
Organize your evidence to prove your case in court. Typical documents include:
- Contracts or purchase agreements
- Invoices or receipts
- Emails or texts
- Proof of delivery or service completion
- Photos of damages or faulty work
- Your demand letter and proof of delivery
Bring two copies of everything—one for the judge and one for the defendant.
Step 7: If You Win, Enforce the Judgment
If the court rules in your favor, the business will be ordered to pay. If they don’t comply, you can collect using:
- Wage or bank garnishment
- Business asset seizure
- Property liens
- Reporting the judgment to credit bureaus
Judgments in California also earn 10% interest annually until paid in full.
You Don’t Have to Do It Alone
Suing a business may feel intimidating—but with the right preparation and support, it’s very achievable. At Countrywide Process, we make it simple:
- Generate your demand letter
- Prepare and file your claim
- Select the right venue
- Serve the business legally
- Track your case through each step
Conclusion
Yes—you can sue a business in California small claims court, and with the proper documentation, legal name, and service of process, your claim can move forward quickly. The system is built to be accessible, and with tools like ours, you don’t need to guess or go it alone.
Let us help you file, serve, and win your case—accurately and efficiently.
Start your claim here:And make sure you’ve got everything you need:
