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How Long Does Small Claims Court Take in California?

How Long Does Small Claims Court Take in California?

If you're wondering whether filing a small claims case is worth the time investment, here is the direct answer: from filing your claim to the day of your hearing, plan on 20 to 70 days. Factor in time for a demand letter beforehand and judgment enforcement afterward, and the full process from first step to collecting money typically takes 2 to 5 months. Here is the breakdown.

Stage 1: Before You File (1-2 Weeks)

California law requires you to demand payment from the defendant before filing (CCP § 116.320). Send a certified mail letter stating the amount owed and giving the defendant 10 to 14 days to respond. This is not optional — it's confirmed on Form SC-100, and skipping it can give the defendant grounds to challenge your filing.

Time: 10-14 days

If the defendant pays in response to the demand letter, you're done. This is the fastest possible resolution and it does happen. But if they ignore the letter or refuse, you move to filing.

Stage 2: Filing Your Claim (1 Day)

Going to the courthouse or filing online takes a few hours. You file Form SC-100, pay the filing fee ($30–$75 depending on your claim amount), and receive a hearing date. The clerk will schedule the hearing.

Time: 1 day (plus travel/processing)

Stage 3: Hearing Date — The Wait

This is the longest part of the process. After filing, the court assigns a hearing date. By statute, the hearing must be scheduled no less than 20 days and no more than 70 days after the filing date (CCP § 116.330).

In practice, wait times depend heavily on the courthouse:

  • Busy urban courthouses (downtown Los Angeles, San Francisco, central San Diego): closer to the 60-70 day end of the range
  • Suburban and smaller courthouses: often 30-45 days
  • Very busy periods: some LA County locations can schedule even further out when the calendar is congested

You cannot negotiate the hearing date assigned to you unless you request a continuance (postponement). Continuances are granted in limited circumstances and typically add several more weeks to the timeline.

Time: 20 to 70 days

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Stage 4: Serving the Defendant (Within the Hearing Window)

During the waiting period between filing and your hearing, you must serve the defendant. Deadlines are:

  • Personal service: at least 15 days before the hearing (in-county) or 20 days (out-of-county)
  • Substituted service: at least 25 days before the hearing (in-county) — service is complete 10 days after mailing, so plan accordingly
  • Clerk's certified mail: subject to the same 15/20 day minimums

If service fails — the defendant cannot be found or refuses to accept service — you may need to request a postponement and try again, adding weeks to the timeline. A process server (typically $40-$100) can significantly improve service success rates and reduce this risk.

Form SC-104 (Proof of Service) must be filed at least 5 days before the hearing.

Stage 5: The Hearing (20-30 Minutes)

The hearing itself is brief — typically 15 to 20 minutes per case. Both sides present their positions and evidence. The judge either rules from the bench (immediate decision) or "takes the case under submission" — which means a decision will be mailed to both parties.

Time: 15-20 minutes at the courthouse; mailed decision typically arrives within 5-20 days of the hearing

Stage 6: Post-Judgment Waiting Period (30 Days)

Even if you win, you cannot begin enforcement for 30 days after the Notice of Entry of Judgment (Form SC-130) is mailed. This window exists to allow the defendant to: - Pay voluntarily - File an appeal (SC-140, which must be filed within 30 days)

If the defendant pays within this window, you are done. If they appeal, the enforcement clock resets while the appeal is pending — a Superior Court de novo trial is scheduled, which can add several more months.

Time: 30-day mandatory stay

Stage 7: Judgment Enforcement (If Needed)

If the defendant doesn't pay after the judgment becomes enforceable:

  • Bank levy via Writ of Execution (Form EJ-130): requires Sheriff service on the bank; the Sheriff locating and levying the right account can take several more weeks
  • Wage garnishment (Form WG-001): the Sheriff serves the employer; garnishment begins on the next pay cycle
  • Judgment Debtor's Exam (Form SC-134, $60 fee): you can compel the defendant to appear in court and disclose assets, which adds another hearing to the calendar

Enforcement can be quick (weeks) or frustratingly slow (months), depending on whether the defendant has locatable assets and cooperates.

What Causes Delays

The most common reasons small claims cases take longer than necessary:

Service failures. If you can't serve the defendant, the hearing gets postponed. Hire a process server for hard-to-reach defendants.

Wrong courthouse. Filing in the wrong venue triggers a transfer or dismissal, forcing you to re-file and restart the timeline.

Continuances. Either party can request postponements. Judges grant them at their discretion. The defendant may request continuances as a delay tactic.

Missing SC-104. If you forget to file the Proof of Service 5 days before the hearing, the hearing is postponed.

Post-judgment appeals. A losing defendant who files SC-140 can extend the total timeline by 4-8 months while the de novo Superior Court case is scheduled and heard.

The Full Timeline at a Glance

Stage Time Required
Demand letter 10-14 days
Filing 1 day
Wait for hearing 20-70 days
Hearing + decision 15-20 min + up to 20 days for mailed ruling
Post-judgment stay 30 days
Enforcement (if needed) 2-8 weeks or more
Total (typical, no complications) 2-4 months
Total (with appeal or enforcement issues) 5-12 months

Is the Timeline Worth It?

For claims in the $2,000-$12,500 range, the answer is generally yes. The time investment is real, but attorneys typically charge more than small claims court recoveries for disputes in this range — and small claims gives you a structured path to recovery that informal demands do not.

For claims under $500, the calculus is tighter. Filing fees ($30-$75), time off work for the hearing, and enforcement effort can eat up a significant fraction of the recovery. This is why California sees the strongest case volume in the $1,500-$5,000 range, where the ratio of effort to potential recovery is most favorable.

The California Small Claims Court Filing Guide covers the complete process — demand letters through judgment enforcement — in a printable format so you always know exactly where you are in the timeline.

Get the California Small Claims Court Filing Guide

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