How to Prepare for Small Claims Court Without a Lawyer
If you’re heading to small claims court in California, you might be wondering if you need a lawyer. The good news is—you don’t. Small claims court is designed for individuals to handle disputes on their own. However, being unprepared can hurt your case.
At Opsequium Legal Support Solutions, we help ensure your documents are in order, deadlines are met, and you walk into court ready to present your case with confidence. Here’s everything you need to know to prepare for small claims court in California.
Step 1: Ensure Your Case Qualifies for Small Claims Court
California’s small claims court handles disputes involving:
Individuals: Up to $12,500
Businesses: Up to $6,250
Common small claims cases include:
Unpaid loans or services
Security deposit disputes
Property damage claims
Breach of contract
Small claims court does not handle cases related to divorce, guardianship, evictions, or serious personal injury lawsuits.
Step 2: File Your Small Claims Lawsuit
To officially start your case, you must file a Plaintiff’s Claim (SC-100) with the court.
Determine the correct court: File in the county where the defendant lives, works, or where the dispute occurred.
Complete the SC-100 form: Clearly state your claim and the amount you are seeking.
Pay the filing fee: The fee ranges from $30 to $75 depending on the claim amount. Fee waivers are available for those who qualify.
Submit your claim: Some counties allow online filing, while others require in-person or mail submissions.
For assistance ensuring your claim is correctly prepared and filed, Opsequium Legal Support Solutions can help.
Step 3: Serve the Defendant Properly
Once your claim is filed, you must notify the defendant. This is called service of process, and it must follow California legal guidelines.
Options for serving the defendant:
Process server: A professional ensures proper service and provides proof to the court.
Sheriff or marshal: Some counties offer this service for a small fee.
Anyone over 18 who is not part of the case: A friend or family member can serve the documents, but you cannot serve them yourself.
After service is completed, you must file a Proof of Service (SC-104) form with the court.
Step 4: Gather Evidence and Prepare Your Case
Being organized is key to winning your case.
Collect supporting documents: Bring copies of contracts, receipts, emails, photos, or other evidence.
Prepare a case timeline: Clearly outline what happened and when.
Make extra copies: Have at least three copies of everything: one for you, one for the judge, and one for the other party.
Practice your statement: Be concise and stick to the facts. Judges have limited time for each case.
Step 5: Attend Your Court Hearing
On the day of your hearing:
Arrive early and check in.
Dress professionally to make a good impression.
Speak clearly and respectfully to the judge.
Present only facts and evidence—avoid unnecessary details.
Listen carefully and do not interrupt the other party.
The judge may rule on the case immediately or mail a decision later.
What Happens After Court?
If you win: The court issues a judgment requiring the defendant to pay. If they do not pay, you may need to take steps to enforce the judgment, such as wage garnishment or bank levies.
If you lose: You may be able to request a new trial (SC-140) if the other party had an attorney in court (which is not allowed) or if a legal error was made.
Final Thoughts
Small claims court is designed to be accessible, but it still requires proper preparation. At Opsequium Legal Support Solutions, we help ensure your legal documents are correctly prepared, properly served, and filed on time.
For assistance with your small claims case, contact us today.