Phone or laptop repair damaged the device — suing in California small claims court
Get a written diagnosis from a second shop identifying what was damaged and how. Without it you are asking the judge to take your word on a technical question.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
3 years — Damage to personal property (Code Civ. Proc. § 338(c)).
4 years if you frame it as breach of the written repair contract (Code Civ. Proc. § 337).
What this kind of case is worth
Device repair dispute claims in California small claims court typically run from $150 to $4,000. 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 repair ticket describing the device's condition on intake
- Proof of payment
- Photographs or video of the device before and after
- A second repair shop's written diagnosis
- Proof of the device's value — purchase receipt or current market price
- Any data loss and what recovery cost
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They point to a waiver you signed about data loss or pre-existing damage
- They claim the device was already failing
- They claim the damage happened after you collected it
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 repair shop made me sign a waiver. Does that end it?
Not necessarily. California will not enforce a contract term that purports to waive liability for a business's own negligence in many consumer settings, and a waiver about data loss does not cover physically breaking the device. Bring the waiver to the hearing — the judge will read what it actually says rather than what the shop claims it says.
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.