You won but haven't been paid — suing in California small claims court
Serve SC-133, the Judgment Debtor's Statement of Assets. A debtor who fails to respond can be compelled to appear and disclose under SC-134, and that pressure alone produces a lot of voluntary payments.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
10 years — A California money judgment is enforceable for 10 years and can be renewed before it expires (Code Civ. Proc. § 683.020).
The rule that decides most of these cases
Winning does not get you paid. The court does not collect for you. A judgment earns 10% simple interest a year, and you enforce it yourself using SC-133, SC-134 and EJ-130. (Code Civ. Proc. § 685.010)
What this kind of case is worth
Collecting a judgment claims in California small claims court typically run from $0 to $12,500. 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 Notice of Entry of Judgment, SC-130
- Anything you know about where the debtor banks or works
- Property records, if they own real estate
- Their business filings, for a company debtor
- A record of every payment they have made
- Your Memorandum of Costs for enforcement expenses
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim exempt income such as most Social Security benefits
- They file a claim of exemption against a wage garnishment
- They have genuinely no assets to levy
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 do I actually collect a small claims judgment in California?
In stages. Ask the debtor to pay. Serve SC-133 to find out what they have. If they ignore it, use SC-134 to have the court order them to appear and disclose. Then get a Writ of Execution, EJ-130, and give it with instructions to the sheriff or a registered process server to levy a bank account, garnish wages, or seize property. Each step has its own fee, and those costs are recoverable.
Does a judgment earn interest?
Yes — 10% simple interest a year on the unpaid balance, from the date of entry. On a $5,000 judgment that is $500 a year. Keep your own running calculation, because you are entitled to collect the interest as well as the principal, and nobody will compute it for you.
What if they simply have no money?
Then wait, and keep the judgment alive. It is enforceable for 10 years and renewable before it lapses, so circumstances can change — people get jobs, buy property, or need clean credit to borrow. Record an abstract of judgment against any real property they own so that a future sale has to deal with you.
Can I garnish wages from a small claims judgment?
Yes. A Writ of Execution plus an earnings withholding order directs the employer to send a portion of the debtor's wages to the levying officer. There are statutory limits on how much, and the debtor may file a claim of exemption based on hardship, which the court then decides.
Where to file a collecting a judgment claim
Venue is generally where the defendant lives or does business, or where the agreement was made or performed. Each county page gives that county's Superior Court, its own website, and the local service deadlines.
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.