What is the step-by-step process for filing a claim in California's small claims court to collect on an unpaid invoice?
To collect on an unpaid invoice in California, you must first demand payment, then file a claim form with the correct local court, officially notify the person you are suing, and finally, present your case to a judge. Here is the step-by-step process:
Step 1: Send a Formal Demand Letter
Before filing, you must formally demand payment from the debtor. Write a letter stating the exact amount owed, the reason for the debt (e.g., "for services rendered on Invoice #123"), and a firm deadline for payment. Send this letter via certified mail with a return receipt requested to have proof that you made a good-faith effort to resolve the issue out of court.
Step 2: Complete the "Plaintiff's Claim" Form (SC-100)
Fill out the main form, "Plaintiff's Claim and ORDER to Go to Small Claims Court" (Form SC-100). You can find this form on the California Courts website (courts.ca.gov) or at any county courthouse. You will need the defendant's full legal name and address. Be precise and clear when describing why you are suing and how you calculated the amount owed.
Step 3: File Your Claim in the Correct Court
File the completed SC-100 form in the proper court venue. This is typically the court in the county where the defendant lives or does business, or where the contract was to be performed. You must pay a filing fee, which varies based on the amount of your claim. You can file in person, by mail, or, in some counties, online.
Step 4: "Serve" the Defendant
You must arrange for the defendant to be officially notified of the lawsuit. This is called "service of process." You cannot serve the papers yourself. You must have someone who is over 18 and not a party to the case—such as a professional process server or the county sheriff—personally deliver the forms. The defendant must be served at least 15 days before the court date if they live in the same county as the court.
Important Details and Nuances
The maximum you can sue for in California small claims court is $12,500 for an individual or sole proprietor, or $6,250 for a corporation or LLC. You cannot have a lawyer represent you in the small claims hearing, but you can consult with one to help you prepare. Gather all your evidence, including the original invoice, any contract or agreement, emails, and your demand letter.
Warnings and Limitations
Winning your case only results in a court judgment; it does not guarantee you will be paid. You are responsible for collecting the money from the defendant after you win, which can be a separate, challenging process. The defendant also has the right to sue you back by filing a "Defendant's Claim" (Form SC-120).
This is general information and does not constitute legal advice. For complex situations, consult with a qualified California attorney.
Disclaimer:
This information is for general guidance only and should not be considered as legal advice. Please consult with a qualified attorney for specific legal matters.
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Updated: August 13, 2025
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