Suing a contractor in California’s small claims court can help you recover money for unfinished or poor-quality work, overpayments, or damages. This guide explains how to prepare your case, file the proper forms, serve the contractor, and present your claim in court—all without needing an attorney.
When to Use Small Claims Court
Small claims court is a streamlined option when you’re seeking money damages up to $12,500. It’s ideal for disputes with contractors over issues like:
- Incomplete or abandoned work
- Construction defects or property damage
- Overcharging or charging for unperformed services
- Breach of contract
Attorneys are not allowed to represent either side in California small claims hearings, so the process is simplified and designed for individuals.
Note: The statute of limitations is generally 4 years for written contracts and 2 years for verbal agreements. Don’t wait too long—file before the legal deadline expires.
Step 1: Try to Resolve the Dispute First
Before going to court, California law encourages plaintiffs to try to resolve the dispute informally.
Start by contacting the contractor and requesting a resolution—whether a refund, completed work, or compensation. If that doesn’t work, send a formal demand letter.
A demand letter should include:
- A summary of the issue
- The amount you’re requesting or the action you expect
- A deadline to respond (typically 10–14 days)
- A statement that you will pursue legal action if ignored
Need help creating one? When you use the Countrywide Process small claims platform, a professionally formatted demand letter can be generated for you automatically.
Documenting your attempt to resolve the matter shows the court that you acted in good faith before filing.
Step 2: Gather Your Evidence and Information
Organize everything related to your case before filing.
What to collect:
- The contract or written agreement
- Texts, emails, or any communication about the work
- Photos or videos of incomplete or defective work
- Receipts, invoices, or proof of payments made
- Estimates or repair costs from a new contractor
- The contractor’s full legal name, address, and business status
You’ll also need the proper venue and a breakdown of your claim amount. For a complete checklist of what to gather before starting, visit:
Step 3: Complete and File Form SC-100
To sue in small claims court, fill out Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court).
What to include:
- Your name and the contractor’s legal name
- The amount you’re suing for and a short description of why
- Where the issue occurred (usually where the work was done)
- A confirmation that you requested payment or resolution first
Filing fees range from $30 to $75, depending on the amount you’re claiming. Fee waivers are available for those who qualify.
Want help with this step? You can prepare and file your SC-100 through the Countrywide Process small claims service, which handles document preparation, court filing, and service of process for you. Learn more here:
Step 4: Serve the Contractor
After filing, you must officially notify the contractor by serving them a copy of your filed claim.
Who can serve:
- A friend or adult (18+), not involved in the case
- A professional process server
- The county sheriff (in some counties, for a fee)
You cannot serve the papers yourself. Service must be completed at least 15 days before your hearing (20 days if the contractor is outside the county). If personal service isn’t possible, substituted service is allowed under specific rules.
Countrywide Process offers professional process serving throughout California. It’s included when you use our “Prepare, File & Serve” service:”
Step 5: File Proof of Service (Form SC-104)
After the contractor is served, the server must complete and sign Form SC-104, which proves to the court that service was done properly.
You must file the completed SC-104 with the court before your hearing. Without this, your case could be delayed or dismissed.
Step 6: Prepare for Your Court Hearing
On your hearing date:
- Arrive early and dress professionally
- Bring at least 2 copies of all evidence (contracts, receipts, photos, etc.)
- Be ready to explain what happened, how the contractor is responsible, and the amount you’re seeking
If the contractor doesn’t show and you’ve properly served them, you can request a default judgment.
Step 7: After the Judgment
If you win:
- The contractor must pay the amount ordered by the court
- You may collect through wage garnishment, bank levy, or property lien if they don’t pay voluntarily
- You can also report unpaid judgments to the Contractors’ State License Board
If you lose:
- Plaintiffs usually cannot appeal small claims judgments
- You may still report the contractor to the state licensing authorities
Conclusion
California small claims court is a straightforward way to resolve disputes with contractors—without needing a lawyer. With the right preparation, evidence, and tools, you can recover the money you’re owed and hold the contractor accountable.
To simplify the process from start to finish, Countrywide Process offers a complete solution to prepare, file, and serve your claim—all online.
Start your case here:
And before you begin, make sure you have everything you need:
