Filing a small claims case in California is designed to be fast and accessible — but there are still important steps and deadlines to understand.
Whether you’re seeking to recover unpaid rent, fix a contract dispute, or resolve a service gone wrong, knowing what happens and when helps you avoid delays and build a winning case.
This guide breaks down the full timeline to file and resolve a small claims lawsuit in California, step-by-step.
Step 1: Check the Statute of Limitations (0–4+ Years Before Filing)
Before you file, make sure your case is still eligible under California’s statute of limitations:
| Type of Case | Deadline to File (from date of incident) |
| Written contract | 4 years |
| Oral agreement | 2 years |
| Property damage | 3 years |
| Personal injury | 2 years |
| Attorney fee dispute (after arbitration) | 1 year |
Tip: It’s always best to file as soon as possible while the evidence is fresh and the contact info is current. Statutes may vary depending on variables.
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Step 2: Attempt to Resolve the Dispute Informally (0–14 Days)
California small claims courts expect you to make a good-faith effort to resolve the issue before suing.
This can include:
- Calling, texting, or emailing the other party
- Sending a formal demand letter explaining what you want and by when
Not sure how to write one?
Our online tool creates a demand letter for you automatically:
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Step 3: Prepare Your Case and Forms (Same Day–2 Days)
Gather:
- Names and addresses of all parties involved
- Contracts, invoices, receipts, messages, and evidence
- Total amount owed
- Details of your efforts to resolve the issue
Then complete the required forms:
- SC-100 (Plaintiff’s Claim)
- SC-100A (if multiple parties)
- SC-103 (if suing under a business name)
- SC-101 (if attorney fee dispute)
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Step 4: File the Case (Same Day – 3 Days)
Once your forms are complete, you’ll file with the appropriate California Superior Court — this can be done:
- In person
- By mail
- Electronically (in some counties)
Filing fees range from $30 to $75, depending on the claim amount.
If you can’t afford the filing fee, you can request a fee waiver using Form FW-001.
Our package includes the filing fee, filing, and professional service of process.
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Step 5: Serve the Defendant (3–10 Days After Filing)
California law requires that the defendant be legally served with your claim:
| If defendant is in the same county | Must be served at least 15 days before the hearing | | If outside the county | At least 20 days before the hearing |
Methods include:
- A process server
- County sheriff (if available and not the best choice)
- The adult is not involved in the case
You can’t serve them yourself.
Our package includes filing and professional service of process.
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Step 6: Court Hearing (30–70 Days After Filing)
Once everything is filed and served, the court will assign a hearing date — typically 4 to 10 weeks later, depending on county backlog.
At your hearing:
- Be early, respectful, and organized
- Bring 2 copies of all your evidence
- Stick to the facts: what happened, how much you’re owed, and what proof you have
If the defendant doesn’t show up and you served them correctly, you can request a default judgment on the spot.
Step 7: Judgment & Collection (Immediately – Ongoing)
If the court rules in your favor:
- You’ll receive a judgment for the amount owed (plus court costs)
- You may begin collecting immediately if they don’t pay voluntarily
Common collection options:
- Wage garnishment
- Bank account levy
- Property lien
Judgments earn 10% annual interest until paid.
Total Timeline: What to Expect
| Action Step | Estimated Time |
| Prep + Attempt to Settle | 1–2 weeks |
| File and Serve | 1–2 weeks |
| Court Hearing | 30–70 days after filing |
| Judgment Collection | Immediately – ongoing |
Typical case resolution time: 45–90 days
Want to Save Time and Avoid Mistakes?
Filing a small claims case in California is faster and easier when you have a trusted process.
At Countrywide Process, we help you:
- Prepare your claim
- File with the right court
- Serve the defendant legally
- Track your case through judgment
