If you’ve provided services and haven’t been paid, California small claims court gives you a fast and affordable way to recover what you’re owed—without needing a lawyer. Whether you’re a freelancer, independent contractor, or service-based business, this guide walks you through how to file your claim step by step.
When to Use Small Claims Court for Unpaid Services
Small claims court is ideal when you’re owed $12,500 or less and want to avoid the cost of hiring an attorney. It’s commonly used for unpaid service-related claims such as:
- Freelance or consulting work
- Personal or home services (cleaning, pet sitting, tutoring, etc.)
- Independent contractor work
- Creative services like design, photography, or marketing
- Professional or trade services (landscaping, repair work, etc.)
If you’ve performed the work and the client refuses to pay—even after reminders or invoices—filing in small claims court may be the most effective way to collect your balance.
Note: You must file within the statute of limitations—4 years for a written agreement, or 2 years for an oral agreement.
Step 1: Try to Collect Payment First
California courts want to see that you made a good-faith effort to collect before filing your case.
Start by reaching out to the client with a clear request for payment. If they still don’t pay, send a formal demand letter. This document should include:
- What services were performed
- The date the work was completed
- The total amount owed
- A payment deadline (typically 10–14 days)
- A statement that you will file a small claims lawsuit if not resolved
Need help drafting your demand letter? Our online small claims platform can automatically generate a demand letter for you, tailored to your case details.
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Documenting your collection attempts helps prove your case and shows the court you acted professionally before taking legal action.
Step 2: Gather Evidence of the Services and the Debt
Before you file, make sure you have solid documentation.
Recommended evidence includes:
- A written contract, agreement, or work order
- Invoices, statements, or billing logs
- Proof that the services were performed (e.g., emails, delivery receipts, time logs, photos, or work samples)
- Messages or communications showing acknowledgment of the services or agreement
- Any partial payments received and the outstanding balance
- The client’s full legal name, mailing address, and (if applicable) business name
Click here for a full checklist of what to gather before you file.
Step 3: Complete and File Form SC-100
Once you have all your documentation ready, it’s time to file your small claims lawsuit.
You’ll use Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court). This form requires you to:
- List yourself as the plaintiff and the person or business owing you money as the defendant
- Clearly explain why you’re owed money (e.g., “Unpaid graphic design services delivered on [date]”)
- State the exact amount you’re seeking, including any allowable court costs
- Confirm that you attempted to resolve the issue beforehand
Don’t want to deal with court forms alone? Countrywide Process can prepare and file your SC-100 for you as part of our full-service platform:
Filing fees range from $30 to $75 depending on the claim amount, and fee waivers are available if needed.
Step 4: Serve the Defendant
After your claim is filed, you are legally required to notify the person or business you’re suing by having them served with a copy of the filed court documents.
Acceptable methods of service include:
- Personal delivery by someone over 18 who is not involved in the case
- A professional process server
- The county sheriff (available in some counties for a fee)
Service must be completed at least 15 days before your hearing (or 20 days if the defendant is in a different county).
Countrywide Process includes professional service of process with all small claims packages, ensuring your defendant is served properly and on time:
Step 5: File a Proof of Service (SC-104)
Once the defendant is served, your process server (or other person who completed service) must fill out and sign Form SC-104, which confirms the defendant received the court papers.
You must then file this form with the court before your hearing. Without it, your case may be delayed or dismissed.
Step 6: Prepare for Your Hearing
On your court date:
- Arrive early and bring at least two copies of all your evidence
- Present your case clearly: explain the service you performed, how much was owed, and the fact that the client didn’t pay
- Reference your documentation: contracts, invoices, email exchanges, and your demand letter
- Remain professional and focused on the facts
If the defendant does not appear and you’ve completed proper service, you can request a default judgment.
Step 7: Enforcing the Judgment
If the court rules in your favor, the judge will issue a judgment ordering the defendant to pay you.
If they don’t pay voluntarily, you may be able to collect through:
- Wage garnishment
- Bank levy
- Placing a lien on their property
California judgments also accrue 10% annual interest until paid.
Conclusion
If you’re owed money for services provided, California small claims court gives you a practical path to recover what you’re due—without the need for an attorney. The key is preparation: gather your documents, know your defendant’s details, and follow the court’s steps carefully.
Need help simplifying the process?
Use Countrywide Process to:
- Generate a demand letter
- Prepare and file your court forms
- Professionally serve the defendant
Start now:And before you file, be sure you have everything ready:
