Unauthorized charges a business won't reverse — suing in California small claims court
Use the card or bank dispute process first — federal law gives you real rights there that small claims cannot improve on. Court is for the residue the issuer will not cover.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
2 years — Unjust enrichment and conversion (Code Civ. Proc. § 339).
What this kind of case is worth
Unauthorized charges claims in California small claims court typically run from $100 to $6,000. 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.
- Statements highlighting every disputed charge
- Your written dispute to the business and its response
- The bank or card issuer's dispute outcome
- A police report, if you filed one
- An FTC identity theft report, if applicable
- Proof you were somewhere else or did not hold the card
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim you authorized it
- They claim a household member used the card with your permission
- They claim you disputed it too late
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
Should I sue the business or my bank?
Start with the bank's dispute process, because federal rules limit your liability for unauthorized card charges and the issuer has to investigate. Sue the business when the issuer declines and the business is plainly the party that took money it was not owed. Suing the bank over a dispute decision is much harder and usually not worth it.
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.