Someone paid with a bad check — suing in California small claims court
Send the § 1719 demand by certified mail and wait the full 30 days before filing. Skip that step and you lose the treble damages, which are usually the most valuable part of the claim.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
3 years — Statutory claim under the bad check statute (Code Civ. Proc. § 338(a)).
A claim on the underlying debt may run 4 years if there was a written contract (Code Civ. Proc. § 337).
The rule that decides most of these cases
California's bad check statute lets you recover treble damages — three times the amount of the check — with a minimum of $100 and a maximum of $1,500 on top of the check itself, but only if you first send a specific written demand and wait 30 days. (Civ. Code § 1719)
What this kind of case is worth
Bounced check claims in California small claims court typically run from $100 to $5,000. An individual may claim anything under $12,500; an entity is capped at $6,250.
| Amount you are claiming | Filing fee |
|---|---|
| up to $1,500 | $30 |
| over $1,500 up to $5,000 | $50 |
| over $5,000 up to $12,500 | $75 |
| More than 12 small claims filed in the past 12 months | $100 |
How to start
Before you file, you have to have asked the defendant to pay — the SC-100 asks you to confirm it. A written demand with a deadline does three useful things at once: it satisfies that requirement, it creates a dated record the judge can see, and quite often it ends the dispute without a filing fee.
If the letter does not work, file SC-100 with the small claims division of the Superior Court in the right county — generally where the defendant lives or does business, or where the deal was made or performed.
What to bring to the hearing
A small claims judge has minutes, not hours. Walk in with these, each one labelled, plus a copy for the judge and a copy for the other side.
- The check itself, front and back
- The bank notice showing why it was returned
- Proof of your bank's returned-item fee
- What the check was for — invoice, receipt, bill of sale
- Your § 1719 demand letter, sent by certified mail, and the proof of mailing
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim they stopped payment for a reason — a genuine dispute over the goods or services defeats the treble damages
- They claim they never received your demand — this is exactly why the statute expects certified mail
Serving the papers
Filing is not the hard part. Service of process is where self-represented cases most often come apart. The defendant has to be formally notified, you cannot do it yourself, and you must file proof that it happened on form SC-104 before the hearing. Use the sheriff, a registered process server, or any adult who is not a party to the case.
The hearing
You cannot bring a lawyer to argue for you at a California small claims hearing. Neither can the other side. That is the whole point of the forum: the rules are simplified so two people can explain a disagreement to a judge without needing representation. You may get advice from an attorney before and after, and lawyers are permitted on appeal — but on the day, it is you.
Common questions
How much can I recover for a bounced check in California?
The face amount of the check, plus statutory damages of three times the check amount subject to a $100 floor and a $1,500 ceiling. On a $400 check that is $400 plus $1,200, so $1,600. The treble damages are conditional on sending the written demand the statute requires and waiting 30 days.
What has to be in the demand letter?
It must be in writing, sent by certified mail, state the amount of the check and that you are demanding payment, and give the person 30 days. Civil Code § 1719 is specific about this, and courts do refuse treble damages when the demand was informal. Send it certified, keep the receipt.
Start with a demand letter
Most California small claims cases settle before anyone sees a courtroom. The letter is free to write, and you can have us print and certified-mail it for $29.
No account needed to start. We are not a law firm and cannot give legal advice.