Gym or subscription kept charging you — suing in California small claims court
Cancel the card authorization with your bank to stop the bleeding, then dispute the charges already taken. Only sue for what you cannot recover by chargeback.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Breach of written contract (Code Civ. Proc. § 337).
The rule that decides most of these cases
California's automatic renewal law requires clear and conspicuous disclosure of renewal terms, affirmative consent, and an easy way to cancel online if you signed up online. Charges that follow a cancellation you were blocked from making are vulnerable. (Bus. & Prof. Code § 17600 et seq.)
What this kind of case is worth
Unwanted subscription charges claims in California small claims court typically run from $100 to $3,000. 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 membership agreement and its cancellation terms
- Your cancellation request with its date, and any confirmation
- Bank or card statements showing every charge after cancellation
- Screenshots of the cancellation flow, especially if it did not work
- The chargeback outcome, if you tried one
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you never canceled, or canceled the wrong way
- They claim the contract required written notice to a specific address
- They claim you were inside a minimum term
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
Can I sue over automatic renewal charges in California?
Yes. Business and Professions Code § 17600 requires clear disclosure of renewal terms, affirmative consent before charging, and — for online signups — a straightforward online cancellation path. A business that buried the terms or made cancellation impossible has broken the statute, and screenshots of a broken cancel flow are strong evidence.
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.