How to file and how much it costs to file your small claims case in California? Follow this post to learn more.
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Once you have your court forms for small claims filled out, your next step is filing the case with your California court and paying a filing fee. The process is relatively straightforward.
Step 1: File your small claims with your court
There are three ways to file your case in California - in person, by mail, or online.
In-person: At the courthouse, you’ll file the forms by giving the original and all the copies to the clerk. You can check out this post to locate the courthouse in your county that accepts small claims filings.
By mail: You can mail the original and 2 copies of your small claims forms to the clerk. You need to include the filing fee and a self-addressed stamped return envelope so that the clerk can mail the copies back to you.
Online: Some courts allow online filing. You can check with your court to confirm.
Step 2: Pay a filing fee
To file your small claims case, you will need to pay a filing fee. Depending on your case amount, the filing fee will be different. Here is the most up-to-date filing fee for small claims in California:
For case amounts up to $1,500 | $30 |
For case amounts over $1,500 and up to $5,000 | $50 |
For case amounts over $5,000 and up to $10,000 | $75 |
If you've filed more than 12 small claims cases in the past 12 months | $100 |
You can ask for a fee waiver if you can't afford the filing fee.
If you can't afford the filing fee, check with the clerk to see if you qualify for a fee waiver. In general, you qualify for a fee waiver if:
You receive public benefits
Your income is less than a set amount
You can’t afford the fee and meet your basic needs
What's Next?
Once you filed your small claims case, the clerk will give you a case number, and the court date, and stamp the forms. The court will keep the original forms, and return the copies to you. One for you, the other(s) for the party you are suing.
After you received the copies from the clerk, the next step is to serve the court forms to the party you are suing. There is a specific process you need to follow. We suggest you check with your court to meet the requirement.
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