When preparing to sue someone in California Small Claims Court, one of the most important steps is making sure you file your case in the correct county. Choosing the wrong courthouse could cause unnecessary delays, or even result in your case being dismissed entirely.
In legal terms, this is called “venue”—the proper geographic location where your case must be filed. Understanding and following venue rules ensures that your claim is heard by the right court with the appropriate jurisdiction.
Why Venue Matters
Small claims courts are county-specific. If you file in the wrong venue, the judge may:
- Dismiss your case outright
- Require you to refile in the proper county
- Delay your hearing date
- Waste time and money on filing and service fees
Filing in the wrong place also gives the defendant a valid defense to challenge your case—even if your claim is otherwise legitimate.
General Rules for Choosing the Right County
In most situations, you must file your small claims case in the county where:
- The defendant lives or does business
- The contract was signed or carried out
- The damage occurred (property, financial, or physical)
- The dispute originated (e.g., where goods were delivered, work performed, etc.)
Example: If a customer owes you money for services you performed in Los Angeles County, then Los Angeles is typically the proper venue.
Special Situations
- Car Accidents: File in the county where the accident occurred.
- Landlord-Tenant Disputes: File in the county where the rental property is located.
- Out-of-State Defendants: If the defendant is not a California resident, venue depends on where the dispute occurred or the contract was breached within California.
How to Find the Correct Courthouse
Use the California Court Locator to:
- Identify the proper Superior Court in your county
- Verify the courthouse that handles small claims cases
Each county has its own small claims division—some have multiple branches depending on the location of the dispute.
What Happens If You File in the Wrong County?
- Your case might be transferred, but more likely it will be dismissed
- You’ll have to refile your case and repay filing fees
- You may need to reserve a new hearing date and re-serve the defendant
Save Time—Let Us Help You File in the Right Venue
Our Self-Guided California Small Claims Filing System walks you through the right questions to ensure your case is filed in the proper jurisdiction. You’ll avoid rejections, delays, and added costs.
You can also learn more about what you’ll need before starting the claim by reviewing: What You Need Before Filing a Small Claims Case
Conclusion
Choosing the right county to file your small claims lawsuit is not just a technical step—it’s critical to the success of your case. A mistake here can mean lost time, extra fees, and a major headache. Follow the venue rules, use available resources, and consider tools like Countrywide Process to ensure a smooth filing experience from start to finish.
