Shipper lost or damaged your package — suing in California small claims court
File the carrier's own claim first and do it quickly — their internal deadlines are far shorter than the court's, and missing one can end the claim before you ever reach a courtroom.
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 the shipping contract (Code Civ. Proc. § 337).
Interstate carriage is largely governed by federal law, which imposes its own claim-filing deadlines — often nine months — that are much shorter than the state statute. Check the carrier's tariff.
What this kind of case is worth
Lost shipment 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 shipping label, receipt and tracking history
- The declared value and any insurance you bought
- Proof of the contents' value
- Photographs of the damaged package and contents
- The claim you filed with the carrier and their decision
- The recipient's statement
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They rely on a liability cap in the tariff
- They claim inadequate packaging
- They claim you missed the claim deadline
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
The carrier says their liability is capped. Is that right?
Usually it is, and the cap is often low — a declared-value limit of $100 unless you paid for more. Interstate shipping is governed largely by federal law and the carrier's filed tariff, which courts do enforce. Check whether you bought additional coverage, and whether the carrier actually followed its own claim procedure.
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.