Small claims or a lawyer for a dispute in Los Angeles County?

Many disputes over unpaid money, damaged property, deposits or small contracts can go either way. The right choice depends on the amount, who is suing whom, and how much is at stake if the other side fights back. This page compares the choices and walks through how a small claims case moves. Our civil litigation page explains how a full case works.

How does a small claims case work, step by step?

1. Check the limit. Up to $12,500 for an individual and $6,250 for others, such as a business (Code of Civil Procedure sections 116.221, 116.220). A claimant asking for more than $2,500 must declare that they have not filed more than two such claims in California that calendar year (section 116.231).
2. File the claim. The clerk schedules a hearing no earlier than 20 days and no later than 70 days from the order, and orders both sides to appear with their witnesses and documents (section 116.330(a)).
3. Serve the defendant. Service must be completed at least 15 days before the hearing if the defendant lives in the county where the case is filed, or 20 days if outside it, by return-receipt mail sent by the clerk, personal delivery, or substituted service without first trying personal delivery (section 116.340(a), (b)).
4. File proof of service. It is due at least five days before the hearing (section 116.340(c)).
5. Present the case yourself. No lawyer may take part in the hearing, but you may consult one beforehand (section 116.530).
6. Judgment. Besides money, the court may order rescission, restitution, reformation or specific performance, and may issue a conditional judgment (section 116.220(b)).
7. Appeal, if the defendant files one. The notice of appeal is due within 30 days after the clerk delivers or mails notice of entry of judgment, and late notices are ineffective (section 116.750(b)).

How do small claims and civil cases compare?

Who can appear in small claims court?

The rule is that only the plaintiff and the defendant take part (Code of Civil Procedure section 116.540(a)), with defined exceptions. A corporation appears through a regular employee, officer or director who was not hired solely to represent it in small claims court (section 116.540(b)). The owner of rental property may appear through a property agent who manages the rental, if the claim is about that property (section 116.540(h)). A spouse may appear for a spouse on a joint claim with consent and the court's approval (section 116.540(k)), and the court may allow someone to assist a party who cannot properly present the case (section 116.540(l)).

Can a lawyer still help with a small claims case?

Yes, outside the hearing. Section 116.530(c) lets a lawyer advise a party before or after the case is filed, testify to facts the lawyer knows personally, represent a party in an appeal to the Superior Court, and help enforce a judgment. A short consultation before the hearing can help you organize the evidence and decide whether small claims is the right place at all.

What if I lose, or win and the other side appeals?

Appeal rights in small claims are lopsided. The plaintiff has no right to appeal the judgment on its own claim; a plaintiff who missed the hearing may only move to vacate the judgment (section 116.710(a)). The defendant may appeal the judgment on the plaintiff's claim to the Superior Court in the county where it was heard (section 116.710(b)), and a defendant's insurer may appeal a judgment over $2,500 if it agrees its policy covers the matter (section 116.710(c)). A defendant who did not appear cannot appeal but may move to vacate (section 116.710(d)). On appeal, lawyers may take part.

The appeal is a new hearing before a different judicial officer, conducted informally, with no pretrial discovery and no jury, and it covers the claims of everyone who was a party when the appeal was filed (section 116.770). The clerk must mail notice of the hearing at least 14 days ahead. If you expect the other side to appeal, that is a reason to think about bringing the case in Superior Court from the start.

What changes the answer?

The amount, and whether you will give up the excess

A party can waive the amount over the limit to stay in small claims, but the waiver takes effect only at judgment (section 116.220(d)). Waiving $3,000 to save time is a real trade, and it cannot be undone after judgment.

Who is suing

An individual can claim up to $12,500, but a business or other entity is limited to $6,250. A business also cannot send an outside representative to the hearing. Our business law page describes the disputes we help businesses resolve outside small claims.

How many larger claims you have filed this year

Claims over $2,500 are limited to two per calendar year anywhere in California, with an exception for local public entities on claims up to $5,000 (section 116.231).

Where the other side is

Small claims papers must generally be served within California (section 116.340(e)). The exceptions are narrow: an out-of-state owner of California real property when the claim concerns that property, and a nonresident driver in a California crash, served through the DMV under the Vehicle Code (section 116.340(f), (g)).

What the dispute is about

Deposit disputes are a common small claims case; California's deposit statute says a claim may be brought in small claims court when the damages, including statutory damages, are within its limits. We explain those rules in our guide to California security deposit rules. For a car damage dispute, our page on how a total loss value is decided in California explains the numbers an insurer must show. Contract disputes turn on the paper, which our article on strong business contracts discusses.

When does a civil case make more sense?

• The amount is over the small claims limit, and you do not want to give up the excess.
• The case needs discovery, such as documents or depositions from the other side, or turns on a contract term or a legal question that needs careful briefing. Our article on the civil litigation process explains what discovery involves.
• A contract allows the winning side to recover attorney's fees, or the other side has a lawyer and the stakes justify one.
• You were sued, not suing; see our page on what to do when you are served with a lawsuit in California.

A worked example

For example, imagine a hypothetical Glendale homeowner who paid a contractor $11,000 in advance for a kitchen remodel that was never finished. The contractor lives in Riverside County. She is weighing small claims against a limited civil case.

As an individual, she is within the $12,500 limit. Because the contractor lives outside the county where she would file, he must be served at least 20 days before the hearing, which will be set 20 to 70 days after the order. She has filed no other claims over $2,500 this year. She knows that if she wins, the contractor can appeal and get a new hearing in Superior Court, where his lawyer may take part, while she could not appeal a loss on her own claim. She meets with a lawyer once to organize her contract, payment records and photographs, then decides. Nothing in this predicts the result; it shows what each path asks of her.

Common mistakes when choosing small claims

• Waiving more than you meant to. Once judgment is entered, the waived excess is gone.
• Late service. Missing the 15-day or 20-day service deadline can cost the hearing date.
• Forgetting proof of service. It must be filed at least five days before the hearing.
• Bringing a hired representative for a business. Only a regular employee, officer or director may appear.
• Assuming a win is final. The defendant can appeal, and the appeal starts over with a new hearing.
• Suing someone who cannot be served in California. Outside the narrow exceptions, small claims service must happen within the state.

What to do this week

1. Write down the exact amount you are owed and how you calculated it.
2. Gather the contract, invoices, payment records, photographs, texts and emails.
3. Find the other side's correct legal name and an address in California where they can be served.
4. Count how many small claims over $2,500 you have filed this calendar year.
5. List the witnesses who can attend the hearing.
6. Talk with a lawyer about which court fits; our article on 10 questions to ask before hiring an attorney can help you decide whether to bring one in.

Frequently asked questions

Can I bring a lawyer to small claims court?

Not to the hearing. A lawyer can advise you before and after, testify to facts the lawyer personally knows, and represent you if the case is appealed (section 116.530).

How soon will my small claims hearing be?

The clerk sets it no earlier than 20 days and no later than 70 days from the order (section 116.330(a)). Service on the defendant must be completed 15 or 20 days before that date, depending on where the defendant lives.

Can the other side appeal if I win?

The defendant can, by filing a notice of appeal within 30 days after notice of entry of judgment is delivered or mailed (section 116.750). The appeal is a new, informal hearing in Superior Court where lawyers may take part.

Can I sue for more than $12,500 in small claims?

Only by waiving the excess, which becomes final at judgment. Otherwise the case belongs in a limited civil case (up to $35,000) or an unlimited civil case.

Where are larger cases heard in Los Angeles County?

Civil cases are filed at the courthouse the court's rules assign; some, such as class actions, must be filed downtown. Our page on a civil case at the Stanley Mosk Courthouse explains which cases go there.

How can Glendale Law help?

We represent clients in contract, property and landlord and tenant disputes, and we can talk through whether small claims or a full case fits yours. Call (818) 244-9000 or request a consultation.