What it costs to sue in California small claims court

An individual can sue for up to $12,500 in California small claims court. A business or other entity is capped at $6,250 instead.

A corporation, LLC, or other entity plaintiff is capped at $6,250 — half the $12,500 individual limit — and must appear in court through an authorized employee, not outside counsel.

Source: California Courts Self-Help Guide

California sets a different deadline depending on what the claim is about. Miss it and the court can throw the case out no matter how strong it is.

California charges by how much you're suing for, in bands:

A plaintiff who has filed more than 12 small claims cases in California in the previous 12 months pays a flat $100 regardless of claim amount.

Source: California Courts Self-Help Guide

Filing isn't enough — the person you're suing has to be formally notified, and California recognizes these methods:

Sheriff or marshal. Flat statewide fee set by SB 564 (2024). Some counties only serve small claims papers if the plaintiff qualifies for a court fee waiver — otherwise a process server is typically faster. Cal. Gov. Code §26721.2

Certified mail (court-arranged). Some California courts will mail the claim by certified mail for a flat $15 clerk fee. Ask your clerk whether yours offers this. California Courts Self-Help Guide

California law also allows using a registered process server instead of the sheriff. No court or state source publishes a typical cost for one, so it isn't shown here — expect it to cost more than the sheriff, and ask for a quote.

California can waive the filing fee entirely for someone who can't afford it. The published income test is 125% of the federal poverty guidelines for your household size.

Automatic qualification. You currently receive Medi-Cal, CalFresh (food stamps), CalWORKs, county General Assistance, SSI/SSP, CAPI, Tribal TANF, or WIC.

If you don't qualify by benefits or income, California's own fee waiver form has a third option: showing the court that paying would leave you unable to afford your household's basic needs. The court can also grant a partial, rather than full, waiver.

Source: California Courts Self-Help Guide; Cal. Rules of Court, Rule 3.51

Subpoenaing someone to testify in California costs $35 per day plus $0.20 per mile round trip. It has to be paid when the subpoena is served, or the witness doesn't have to show up.

This is the fee for a personal-appearance subpoena. A records-only subpoena (business records, no live testimony) costs less — a flat $15 — under the same statute, but that's a different document and isn't covered here.

Source: Cal. Gov. Code §68093

An appeal in California costs $75 to file. The case gets heard over again from scratch, as if the first trial never happened.

Only the defendant can appeal a small claims judgment in California — the plaintiff has no right to appeal a loss on their own claim (Cal. Civ. Proc. Code §116.710), though a plaintiff can appeal if the defendant filed a counterclaim and won on it. A defendant's appeal gets a full new trial in superior court, not just a paper review.

Source: Cal. Civ. Proc. Code §116.760(a)

An unpaid California judgment earns 10% a year from the day it's entered until it's paid.

California cuts this to 5% for a "personal debt" judgment under $50,000 — money owed by an individual for personal, family, or household purposes — but not for a tort or unpaid-wage judgment. Most small claims judgments qualify for the cut rate; check whether yours does before relying on the 10% figure.

Source: Cal. Code Civ. Proc. §685.010

California caps how much of one paycheck a judgment creditor can take, based on the debtor's disposable earnings.

Uses California's $16.90/hour state minimum wage. If your workplace is in a city with a higher local minimum wage, the law uses that higher figure instead — more of your paycheck is protected than this shows.

Source: Cal. Code Civ. Proc. §706.050

Having an officer levy a bank account in California starts with about $40 up front, plus the officer's own statutory fee.

The $50 figure is the general statewide fee for serving or executing a writ under Government Code §26721 — a levy that requires the officer to take immediate physical possession of property (not a bank levy) costs $125 instead.

Source: Cal. Gov. Code §§26720.9, 26721

A California judgment stays enforceable for 10 years. Renewing it costs $45.

If the judgment debtor is an individual and this is an ordinary personal debt under $50,000 (or a medical-expense debt under $200,000) — true of nearly every small claims judgment — California law caps you to a single renewal, for 5 years instead of 10, not the unlimited renewals available for a business debtor or a wage, tort, or fraud judgment.

Source: California Courts Self-Help Guide