Movers damaged or lost your belongings — suing in California small claims court
Read the valuation clause in your bill of lading first. Most movers limit liability to around 60 cents per pound unless you bought full value protection, and that clause will shape what you can realistically claim.
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 written moving contract (Code Civ. Proc. § 337).
A damage claim framed in tort rather than contract runs 3 years (Code Civ. Proc. § 338(c)). Interstate moves are governed by federal rules with their own, often shorter, claim deadlines — read your bill of lading.
The rule that decides most of these cases
Intrastate California movers must be licensed by the California Public Utilities Commission and hold a Cal-T number. Check it before you sue, and complain to the CPUC in parallel.
What this kind of case is worth
Moving company damage claims in California small claims court typically run from $300 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 bill of lading and the written estimate
- The inventory sheet the movers prepared
- Photographs of items before the move and after
- Receipts or valuations for the damaged or missing items
- The claim you submitted to the mover and their response
- Their Cal-T license status
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They point to a limited liability term in the bill of lading, often 60 cents per pound
- They claim you packed the box yourself
- They claim you did not file a claim within the contract window
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 contract limits liability to 60 cents a pound. Is that enforceable?
Often yes, if the limitation was properly disclosed and you were offered the choice of fuller protection. That makes a 40-pound television worth about $24 under the released-value option. It is worth checking whether the disclosure actually complied with CPUC rules, because a defective disclosure can undo the limit.
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.