Getting Started
Understanding Small Claims Court
Overviews & GuidesSmall claims court is designed for resolving disputes involving limited amounts of money without the need for an attorney. You may sue a person for up to $12,500 (the limit is $6,250 if you are a business or public entity). Special rules apply for lawsuits against a state or local government, healthcare provider, or an attorney. You may seek advice from an attorney, but attorneys are not permitted to represent parties at trial, though you may consult one for advice. These resources explain how the process works and what to expect.
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Overview of the Small Claims Court Process California Courts self-help guide covering how small claims court works, including important considerations before filing an action.
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Santa Barbara Superior Court - Small Claims Self-Help Guide The court’s own self-help guide to navigating the small claims process in Santa Barbara County. Information about Small Claims actions in Santa Barbara, including links to free mediation services through the Court, and low or no fees mediation services offered by the Conflict Solutions Center, a community-based program operating through-out the County.
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Everything Small Claims - A San Diego County Public Law Library Resource Guide A comprehensive research guide covering all aspects of small claims court in California.
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Everybody’s Guide to Small Claims Court (Nolo Press) A Nolo Press publication, which are books about the law written by attorneys for the general public. To access the publication remotely, enter the following when prompted: User ID: countylaw | Password: Sbcll805!
You must click on the “Access now (PDF)” link to see the content in a given chapter. -
Small Claims Court Video Series (Sacramento County Law Library) Videos (3) About Small Claims Court by Sacramento County Law Library; 1) Introduction, 2) Filling Out Plaintiff’s Claim, and 3) The Hearing
Santa Barbara Superior Court
Small Claims Division
Santa Barbara Superior CourtThe Small Claims Division of the Santa Barbara Superior Court handles small claims cases. Contact the clerk’s office for information about filing, fees, and court procedures.
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Small Claims Division Information about filing a small claims action, filing fees, clerk’s office hours and contact information, and answers to common questions.
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Small Claims Instruction Packet Santa Barbara Superior Court’s instruction packet for filing a small claims case, including step-by-step guidance.
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Small Claims Advisor Services Access Small Claims Advisor Services from one of three Legal Resource Center locations in the County. Advisors can help you understand the process and prepare for your case.
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Preparing Your Case
Court Forms & E-Filing
Forms & FilingSmall claims filings require specific court forms. Santa Barbara Superior Court provides local forms and pre-assembled form packets. You may also prepare and file your complaint electronically using the Odyssey Guide & File system.
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Odyssey Guide & File (E-Filing) A document preparation tool that creates a small claims complaint based on your answers to questions about your case and files it electronically. Use this only if you intend to e-file.
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Santa Barbara Superior Court – Local Forms Local small claims forms specific to the Santa Barbara Superior Court.
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Santa Barbara Superior Court – Form Packets Pre-assembled form packets for common small claims filings (see the “Civil” section).
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California Judicial Council Small Claims Forms Statewide mandatory and optional court forms for small claims proceedings.
After Trial
Small Claims Appeals
Appeals & Post-JudgmentIf you disagree with the judge’s decision, you may have the right to appeal. Only the defendant may appeal a small claims judgment. The plaintiff may not appeal but may file a motion to vacate under certain circumstances. Attorneys are permitted to represent parties in small claims appeals.
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Guide to Appeals in Small Claims Court Read the rules about who can appeal a judgment in small claims court, on what basis, and the deadlines for filing an appeal. Attorneys are permitted to represent the parties in small claims appeals.
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Small Claims Appeals Guide (San Diego Law Library) Detailed information about the small claims appeals process from the San Diego County Law Library.
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After your trial: appeal or pay If judgment debtor does not appeal or vacate the judge’s decision, they must pay amount owed to judgment creditor.
Collecting Your Money After Judgement Entered in Small Claims Court
Post-Judgment-
Guide to Various Ways to Collect the Money Owed to You; it may be difficult If judgment debtor does not pay up within 30 days, interest begins to accrue; keep track of your costs to collect as some expenses are recoverable with judgment.
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Enforcing Judgements Video Series (Sacramento County Law Library) Videos (5) About Enforcing Judgments by Sacramento County Law Library; 1) Introduction, 2) Determine Amount Owed, 3) Finding Assets (Debtors Exam), 4) Choose Your Weapons (methods of collection), and 5) Handling Claims of Exemption
Additional Resources
Related Guides & Services
External Resources-
Sample Demand Letter Form Sample demand letter by Nolo Press.
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Guide: How to Write a Settlement Demand Letter Information by Nolo Press regarding how to write a settlement demand letter.
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Small Claims: Where You Begin (L.A. Law Library) An online self-help resource from the Los Angeles Law Library covering small claims basics, including personal injury claims.
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Service of Process Perform a Business Entity Search on the California Secretary of State’s Website to learn the identity of a business entity’s Agent for Service of Process. Note, the registry does not include all business entities operating in the state.
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California Department of Consumer Affairs Consumer protection information and resources, including guidance on filing complaints against businesses or licensed professionals.
Suing a Government Agency
Special RequirementsIf you are suing a government agency in small claims court, you must first file a claim with that agency and receive a written denial or right-to-sue letter before you can file your case in court. This requirement applies to all government agencies at the local, state, and federal level.
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Suing State and Local Government Agencies Guide A guide by the San Diego Law Library on suing government agencies.
Helpful Tips for Small Claims
Know your limits. Individuals can sue for up to $12,500 in small claims court. If you are a business or public entity, the limit is $6,250. You cannot split a larger claim into multiple smaller cases to stay within the limit.
Bring your evidence. Small claims trials are informal, but the judge still needs to see proof of your claim. Bring copies of contracts, receipts, photos, text messages, and any other documents that support your case.
Try to resolve it first. Before filing, consider sending a demand letter to the other party. Courts generally expect that you have made a reasonable effort to resolve the dispute before going to court.
The Law Library is here to help. Our staff can help you locate small claims forms, legal resources, and procedural information. Visit us or see our contact page for hours and location.