California Tenant Small Claims Guide 2025

Filing Forms

California streamlines the initial paperwork into a handful of Judicial Council forms you can download as fillable PDFs. Your backbone document is SC-100 “Plaintiff’s Claim and Order to Go to Small Claims Court.” Type or print legibly in blue/black ink and make at least two copies—one for service and one for your records. If more than two defendants share ownership, add SC-103 to list additional parties. Low- income tenants should attach FW-001 Request to Waive Court Fees; the clerk decides fee waivers on the spot.

Before standing in line, review the following checklist:

• Confirm the defendant’s legal name—look at the lease or property tax roll.
• List the rental unit’s county for the hearing venue; wrong counties are dismissed.
• State a precise dollar amount; vague “TBD” damages get rejected.
• Attach a concise statement: “Unreturned $2,400 security deposit after 21-day deadline.”

Once complete, bring originals and copies to the small-claims clerk. Filing fees depend on the claim amount: $30 for claims ≤ $1,500, $50 for $1,501–$5,000, $75 for $5,001–$10,000, and $100 for $10,001–$12,500. Our calculator below shows your exact tier. The clerk stamps hearing dates 30–75 days out, giving you a hard deadline to serve the landlord. Double-check the assigned courtroom—some counties rotate calendars weekly.

Pro-Tip: File in the county where the rental sits, not where you currently live. Judges dismiss out-of-venue cases and you must refile—losing both time and filing fees.

Preparing Evidence

Well-organized evidence wins cases—period. Small-claims hearings move lightning fast, often under 15 minutes, so every document must speak for itself. Start with the lease, then build a chronological “evidence timeline”: move-in photos (Ex. A), text messages requesting repairs (Ex. B), certified demand letters (Ex. C), and so on. California Evidence Code §1550 allows printed emails and screenshots if created in the regular course of business, but judges still prefer originals when feasible.

Construct two identical binders or accordion folders: one for you, one for the judge. Label each exhibit on the bottom-right corner and create a one-page index. Include:

• Photographs: Before-and-after shots with capture dates.
• Receipts: Repairs, rent payments, postage—anything tied to damages.
• Inspection Reports: Code enforcement or health-department findings.
• Timeline Sheet: Date, event, exhibit reference—judges love timelines.

Digital backups on a USB drive are smart insurance. If you plan to show a slideshow, bring a laptop and HDMI adapter; many courtrooms lack tech staff. Witness statements signed “under penalty of perjury” carry weight, especially from neutral third parties like neighbors or contractors. Staple each statement to a copy of the witness’s photo ID to bolster authenticity.

Last, practice a three-minute opening narrative: who you are, why you are suing, the exact amount, and the legal basis (e.g., “Civil Code §1950.5 requires full refund or itemization within 21 days, which the landlord failed to provide”). A confident, concise delivery frames the evidence and keeps the judge focused on your strongest points.

Judgment Collection

Winning your case is only half the battle; collecting the money can take persistence. After the judge enters a money judgment, the landlord has 30 days to pay voluntarily. Interest accrues at 10 % annually starting on day 31. A polite reminder letter referencing the case number and payment due date often works—many landlords cut a check rather than risk wage garnishment or bank levies on their personal accounts.

If payment doesn’t arrive, ask the clerk for a Writ of Execution (EJ-130). File it with the sheriff in the county where the landlord’s assets sit. Here are common enforcement tools:

• Bank Levy: Sheriff freezes and withdraws funds once you provide the bank name and branch.
• Wage Garnishment: Up to 25 % of net wages for an individual landlord.
• Debtor’s Examination: Court hearing where the landlord must disclose assets under oath.

Keep copies of all enforcement costs—filing, sheriff, process server—because they are added to the judgment automatically. If the landlord files an appeal, collection pauses until the appeal concludes, but interest continues to accrue. For judgments older than 90 days, consider recording an Abstract of Judgment with the county recorder, creating a lien on any real estate the landlord owns.

For a deeper dive into post-judgment strategies, visit our upcoming guide on collecting judgments, which explains garnishment exemptions, bankruptcy impacts, and how to renew a judgment after 10 years.

Appeal & Satisfaction

Either party may file a Notice of Appeal (SC-140) within 30 days after the clerk mails or personally delivers the Notice of Entry of Judgment. The case then moves to Superior Court for a “trial de novo,” meaning everything restarts: new evidence, new testimony, and a different judge. The appellant must pay a new filing fee and, if appealing a money judgment, post an undertaking equal to the judgment amount to stay enforcement.

Appeals offer a second chance but carry risks—lose, and you might owe additional costs. Settlements can still be reached after filing an appeal; if agreed, file a Stipulation to Dismiss to stop the clock. Remember, the 10-percent annual interest continues during appeal, so delay benefits the judgment creditor.

Once the landlord pays, file Acknowledgment of Satisfaction of Judgment (SC-290). This clears the public record and stops interest accrual. Keep proof of payment—cashier’s checks, bank-app screenshots—for at least seven years. If the landlord delays filing, you may submit the form yourself with supporting proof.

Judgment satisfied? Congratulations—you’ve navigated the entire California small-claims maze. Keep copies of every document; you never know when a future landlord or lender will ask for proof of a cleared judgment.