Small Claims Court Without a Lawyer in California: Complete Self-Help Guide

California small claims court was specifically designed for people without lawyers. Not just allowed — designed. CCP § 116.530 prohibits attorneys from representing parties at the initial small claims hearing. The entire system is built on the premise that ordinary people can present their own cases effectively.

This is the good news: you don't need to hire anyone to take your landlord to court over your deposit, sue the contractor who walked off the job, or recover money from someone who stopped responding. Here is how the self-representation process actually works.

Attorneys Are Barred From the First Hearing

California's prohibition on attorney representation in small claims is almost unique in the American legal system. Under CCP § 116.530, attorneys cannot appear in court on behalf of clients at the original small claims hearing. The exceptions are narrow:

• An attorney suing or being sued in their own personal capacity (not representing a client)
• Post-judgment enforcement proceedings (after a judgment is entered)
• Appeals — if the defendant appeals, both sides may have attorneys in the de novo Superior Court proceeding

This rule exists to prevent the system from favoring wealthy parties who can afford legal representation. In small claims, a tenant suing their landlord and the property management company's attorney are on equal procedural footing. Neither has a formal advocate in the courtroom.

The Free Small Claims Advisory Service

Every California county is legally required to provide free small claims advisory services under CCP § 116.940. These are not attorneys who represent you — they are trained advisors who answer your procedural questions and help you avoid common mistakes.

What advisors can help with: - Confirming you're filing in the correct courthouse - Walking through how to complete Form SC-100 - Explaining service of process requirements and deadlines - Reviewing your evidence strategy at a general level - Clarifying what the claim limit is and whether your case qualifies

What advisors cannot do: - Appear in court for you - Tell you whether you will win - Give legal opinions about your specific legal theory - Draft documents on your behalf

How to find your county's advisory service:

For other counties, search "[county name] small claims advisory California" or visit courts.ca.gov and navigate to your county's self-help resources.

What Self-Representing Plaintiffs Need to Do

The small claims process has six stages. You manage all of them yourself:

1. Send a demand letter. California law (CCP § 116.320) requires you to demand payment before filing. Send a certified mail letter stating the amount owed and giving a deadline (typically 10-14 days). Keep the green receipt card as evidence.

2. Complete and file Form SC-100. This is the Plaintiff's Claim form. Fill in your information, the defendant's correct legal name, the amount, and the reason. File at the correct courthouse (based on defendant's address or where the incident occurred). Pay the filing fee ($30–$75).

3. Serve the defendant. You cannot serve the papers yourself. A non-party adult (friend, neighbor, process server) must personally deliver papers to the defendant at least 15 days before the hearing. Substituted service and clerk's certified mail are alternatives with their own rules. Complete Form SC-104 (Proof of Service) and file it 5 days before the hearing.

4. Prepare your evidence. Bring three copies of everything: contracts, receipts, text messages (printed), photos, and a one-page written timeline. Judges have 15-20 minutes per case. Organized, specific evidence wins cases; emotional arguments do not.

5. Attend the hearing. State your case factually and briefly. Present your evidence. Answer the judge's questions directly. The judge will either rule immediately or mail a decision within a few days.

6. Enforce the judgment if you win. The court does not collect money for you. If the defendant doesn't pay within 30 days, use a Writ of Execution (Form EJ-130) for a bank levy, or Form WG-001 for wage garnishment.

The Most Common Self-Represented Mistakes

Most cases that could be won are lost due to procedural errors, not lack of legal knowledge. The most frequent:

Wrong defendant name. If you sue "Bob's Plumbing" but the registered legal entity is "Robert Wilson dba Bob's Plumbing," your judgment may be uncollectable. Look up any business at bizfileonline.sos.ca.gov.

Filing in the wrong court. California venue rules (CCP § 116.370) require filing where the defendant lives, where the contract was to be performed, or where the incident occurred. Filing in the wrong county can result in dismissal.

Missing service deadlines. Personal service must happen at least 15 days before the hearing (in-county). Forgetting this is a leading cause of last-minute postponements.

Insufficient documentation. "I told him to fix it and he didn't" is not evidence. A text message where you requested the repair and a photograph of the unrepaired damage is evidence.

Claiming too much. If you claim $14,000 but you're an individual, you can only be awarded up to $12,500. Courts will not increase their jurisdiction because you asked for more.

Practical Tips for Presenting Your Case

Write out your opening statement. You have 2-3 minutes to explain who you are, what happened, what you're owed, and why. Writing it out helps you stay organized and not ramble.

Use a timeline. A one-page chronology — "March 3: signed contract," "March 15: paid $2,500 deposit," "April 1: no work begun," "April 7: no response to calls" — is one of the most persuasive things you can bring into small claims court.

Address the counter-arguments. Think about what the defendant will say and prepare your responses. If they're likely to claim the work was completed, bring the photos proving it wasn't.

Be specific about the dollar amount. Know exactly how you calculated your claim and be ready to explain it. "I'm owed $2,500 because that's what I paid and nothing was delivered" is clear. "I want to be compensated for my pain and suffering" is not what small claims court handles.

Going to Court Is Less Intimidating Than It Sounds

Small claims hearings are informal. You do not wear a suit (though presentable dress doesn't hurt). You address the judge as "Your Honor." You speak in plain language. Most judges are accustomed to hearing from non-lawyers and are genuinely trying to find a fair resolution based on the evidence.

The system is designed for you to navigate it alone. The advisory service exists specifically to make that possible. The forms are standardized. The process, once you understand it, is manageable.

Get the California Small Claims Court Filing Guide