Contractor took a deposit and never finished — suing in California small claims court
Check the license at cslb.ca.gov first. If they were unlicensed, your demand letter changes completely: you are entitled to all of your money back under § 7031, and saying so in writing is often enough.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Written home improvement contract (Code Civ. Proc. § 337).
If the work was agreed verbally, 2 years (Code Civ. Proc. § 339). A claim for defective construction that you could not have discovered at the time may run from discovery rather than completion.
The rule that decides most of these cases
A contractor who was not licensed when they did the work must return every dollar you paid them, and cannot recover anything for the work — even work they completed properly. Check the license at the Contractors State License Board before you do anything else. (Bus. & Prof. Code § 7031)
On a home improvement contract, a contractor may not take a down payment of more than $1,000 or 10% of the contract price, whichever is less. (Bus. & Prof. Code § 7159.5)
What this kind of case is worth
Unfinished contractor work claims in California small claims court typically run from $1,000 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 written contract, estimate or proposal
- Proof of every payment — checks, card statements, Zelle or Venmo records
- Photographs of the unfinished or defective work, date-stamped
- A written quote from another contractor for what it costs to finish or fix it
- The contractor's license status printout from the CSLB website, with the date you checked
- Every text and email, especially missed-deadline excuses
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you changed the scope — bring the original written contract
- They claim you refused them access — bring the messages showing you did not
- They claim the money covered materials — ask the judge to require receipts
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
What if the contractor was not licensed?
Business and Professions Code § 7031 is unusually strong medicine. An unlicensed contractor must disgorge everything you paid and may not recover for work performed, regardless of quality. Verify the license at cslb.ca.gov and print the result with the date, because license status at the time of the work is what matters.
How much of a deposit is a California contractor allowed to take?
On a home improvement contract, the down payment may not exceed $1,000 or 10% of the contract price, whichever is less. A contractor who demanded half up front was already in breach of § 7159.5, and that is worth stating in your demand letter.
Can I sue for the cost of hiring someone else to finish?
Yes — the ordinary measure is what it costs to put you back where the contract promised. That usually means the amount you paid that bought nothing, plus the reasonable extra cost of completing the work, up to the $12,500 small claims limit. Get a written quote from a replacement contractor; judges want a number from a third party, not an estimate from you.
Should I complain to the CSLB as well as suing?
You can do both and they are independent. A CSLB complaint can lead to license discipline and the board administers an arbitration program for some disputes, but it will not hand you a check the way a judgment does. Filing both is common.
Where to file a unfinished contractor work 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.