1. Who can file a claim?
- An individual, which includes a sole proprietorship, may file a claim up to a maximum of $10,000.
- Only the actual party to the claim may file. You must represent yourself at the small claims hearing. Attorneys or others are not permitted to represent a party in small claims court. If a husband and wife sue or are sued, one spouse may represent the other in Small Claims Court.
- You must be at least 18 years old to file a claim. If you are not yet 18, you may ask the court to appoint a guardian ad litem, who can then act on your behalf. The guardian ad litem is usually a parent, relative or an adult friend but cannot be someone who is a party on the same case.
- If you are an individual who owns a business (i.e. sole proprietor) and are doing business under a fictitious business name, you are considered to be an 'individual' in Small Claims Court. For example, if you are a plumber doing business as ABC Plumbing and want to sue a customer who has not paid you, you may file a claim for up to $10,000.
- If you are a business who has filed a fictitious business name statement, you must include your statement number and date of expiration on the claim form. You cannot file a case in small claims court without a valid fictitious business name statement.
- If your business is a corporation, partnership or anything other than a sole proprietorship, your maximum claim amount is $5,000.
- A corporation or other entity that is not an individual must be represented by a regular employee or representative. The employee cannot be hired solely to represent the corporation or other entity in small claims court. The employee or representative is required to file a declaration with the court stating the basis of their authority to represent an entity.
- You cannot file more than two small claims cases anywhere in California for more than $2,500 each during a calendar year.
