Filing a Small Claims Case Against a Company
Sometimes the best way to resolve a dispute with a business is through small claims court. Whether it’s over a defective product, unpaid service, or a refund issue, small claims provides a simple and affordable path to justice. In this blog, Von Esch Law Group walks you through the process of filing a small claims case against a company in California—from filing to presenting your case.
Determine if Small Claims Is Right
Small claims court is designed for disputes involving relatively small amounts of money. In California, individuals can sue for up to $10,000, while businesses are limited to $5,000. It’s ideal for cases like unpaid bills, breach of contract, or property damage. If your issue falls within this limit and doesn’t require complex legal arguments, small claims may be your best option.
Find the Correct Business Name
To sue a company properly, you need to name the right legal entity. Don’t just list the brand or storefront—look up the company’s legal name through the California Secretary of State’s website or check your receipts and contracts. Suing the wrong entity may lead to dismissal. This step is especially important for franchises or businesses using a “doing business as” (DBA) name.
File Your Claim With the Court
Once you identify the correct party, complete Form SC-100 (Plaintiff’s Claim and Order to Go to Small Claims Court). File it with the court in the county where the dispute occurred or where the business operates. The court will assign a hearing date and require a small filing fee, which typically ranges from $30 to $75 depending on the amount you’re claiming.
Serve the Defendant Properly
After filing, you must officially serve the business with a copy of your claim. Service must be done by someone 18 or older who’s not involved in the case—typically a process server, sheriff, or a registered agent. Service must occur within the deadline set by the court, or the hearing may be delayed. Without proof of service, your case can’t proceed.
Prepare for Your Day in Court
Bring organized, relevant evidence: contracts, receipts, emails, photos, and anything else that proves your case. Write down a clear, concise explanation of what happened, what you want, and why you’re entitled to it. Practice your delivery. The judge will hear both sides and may ask questions. You don’t need a lawyer, but preparation makes a big difference.
What Happens After the Hearing
The judge may announce the decision immediately or mail it later. If you win, the company will be ordered to pay you. If they don’t comply, you can take steps to enforce the judgment—like bank levies or wage garnishment. While lawyers can’t represent you at the hearing, Von Esch Law Group can help you prepare your case.
👉 Contact us today for guidance before you go to court.