Statute of Limitations for California Small Claims Court

Every small claims case in California has a filing deadline. Miss it, and the judge will dismiss your case regardless of how strong your evidence is. These deadlines are called statutes of limitations, and they vary depending on the type of claim you are bringing.

Understanding which deadline applies to your situation is one of the most important pre-filing decisions you will make.

Deadlines by Claim Type

California's statutes of limitations for the most common small claims case types are:

Written Contracts: 4 Years (CCP 337)

If you have a signed contract, lease, written agreement, or any other promise in writing, you have four years from the date the contract was breached to file your claim. This is the longest standard limitation period and covers situations like:

• A contractor who took payment but did not complete the work
• A buyer who signed a purchase agreement and never paid
• A written loan agreement where the borrower defaulted

The clock starts on the date the breach occurred, not the date the contract was signed.

Oral Contracts: 2 Years (CCP 339)

Verbal agreements are enforceable in California, but you get a shorter window to sue. You have two years from the date the oral agreement was broken. Common examples include:

• A verbal promise to repay a personal loan
• An oral agreement with a handyman for home repairs
• A spoken agreement between roommates about shared expenses

The challenge with oral contracts is proving they existed in the first place. Texts, emails, and witness testimony can all help establish the terms.

Property Damage: 3 Years (CCP 338)

If someone damaged your property (car, personal belongings, real estate), you have three years from the date the damage occurred. This covers:

• Vehicle damage from a car accident
• A neighbor's tree falling on your fence
• Damage caused by a contractor during a renovation

The damage must be to tangible property. Lost profits or economic harm from property damage may also be recoverable within this window.

Personal Injury: 2 Years (CCP 335.1)

Physical injuries caused by another person's negligence or intentional acts must be filed within two years of the injury date. This includes:

• Injuries from a car accident
• Dog bites
• Slip and fall injuries on someone else's property

Medical bills, lost wages, and pain and suffering can all be included in your damages, up to the small claims limit of $12,500 for individuals.

Fraud: 3 Years from Discovery (CCP 338(d))

Fraud cases have a three-year limitation, but the clock starts from the date you discovered (or reasonably should have discovered) the fraud, not the date it occurred. This is known as the "discovery rule."

For example, if a mechanic charged you for parts they never installed and you did not discover this until a second mechanic inspected your car a year later, the three-year window starts from that second inspection.

Security Deposits: File Promptly

Security deposit disputes do not have their own specific statute of limitations. Courts typically apply either the written contract period (four years if you had a written lease) or the statutory violation period (three years under CCP 338). However, the best practice is to file as soon as possible after the landlord's 21-day deadline to return or account for the deposit has passed. Waiting weakens your case.

Government Claims: A Different Process Entirely

If your dispute is with a state or local government entity, the statute of limitations works differently. Before you can file in court, you must first submit an administrative claim to the government agency within six months of the incident (Government Code 911.2).

The agency then has 45 days to respond. If they reject your claim or do not respond, you have six months from the rejection date to file your lawsuit. This two-step process means the effective filing window for government claims is much shorter than for private disputes.

Claims against the federal government cannot be brought in California small claims court at all.

When the Clock Pauses: Tolling

In limited circumstances, the statute of limitations can be "tolled" (paused). Common tolling situations include:

• Defendant leaves California: If the person you need to sue leaves the state, the clock may pause while they are absent.
• Plaintiff is a minor: The limitation period generally does not begin until the minor turns 18.
• Plaintiff is incapacitated: Severe mental or physical incapacity can toll the deadline.

Tolling rules are complex and fact-specific. If you think tolling may apply to your situation, consult your county's Small Claims Advisory Service, which is free by law (CCP 116.940).

How to Determine Your Deadline

Follow these steps to figure out your filing deadline:

1. Identify the type of claim (contract, property damage, personal injury, etc.)
2. Determine the date the claim arose (breach date, injury date, or discovery date for fraud)
3. Apply the corresponding limitation period from the list above
4. Check whether any tolling applies
5. File before the deadline, with enough lead time to complete service of process

If you are close to the deadline, file first and sort out service afterward. The statute of limitations is satisfied by filing the SC-100, not by completing service.

Do Not Wait

Even if you are well within the limitation period, filing sooner is almost always better. Witnesses forget details, evidence gets lost, and defendants become harder to locate. Courts also look more favorably on plaintiffs who pursued their claims promptly.

The complete California Small Claims Court Filing Guide walks you through every step -- from demand letter templates and SC-100 form instructions to evidence worksheets and post-judgment collection methods. It includes a deadline calculator so you can confirm your filing window before you start.