Client won't pay an invoice — suing in California small claims court
Send a demand letter with the invoice attached, a clear total, and a deadline. An unpaid invoice from a solvent business is the single most collectable kind of small claims case, and most are paid at the letter stage.
General information about California procedure. We are not a law firm and cannot advise on your case.
Your deadline to file
4 years — Written contract, including an accepted written quote, signed estimate or emailed statement of work (Code Civ. Proc. § 337).
If the deal was agreed by phone with nothing in writing, you have 2 years (Code Civ. Proc. § 339). An invoice you issued is not itself a contract, but it is strong evidence that one existed and what its terms were.
The rule that decides most of these cases
Entities — corporations, LLCs and partnerships — can only sue for under $6,250 in California small claims, half the $12,500 limit that applies to individuals. If you invoice through an LLC, that lower cap is the one that binds you. (Code Civ. Proc. § 116.221)
What this kind of case is worth
Unpaid invoice claims in California small claims court typically run from $800 to $12,500. Note the entity trap: if you sue through a corporation, LLC or partnership your ceiling is $6,250, not $12,500. An unincorporated sole proprietor or freelancer sues as an individual and keeps the higher limit.
| 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 signed contract, statement of work, or the email where they accepted your quote
- Every invoice you issued, with its date and payment terms
- Proof you delivered — the files, photographs of completed work, delivery receipts, or a signed sign-off
- The full email and text thread, especially any message where they praise the work or promise to pay
- A payment ledger showing what was paid and what is outstanding
- Your written demand and proof you sent it
What they will argue back
Expect one of these. Knowing which is coming is most of the preparation.
- They claim the work was defective — bring the sign-off or the messages where they accepted delivery
- They claim the scope changed — bring the written change requests
- They claim they never agreed to the price — bring the accepted quote
- They say the invoice went to the wrong entity — check whether you contracted with the person or their company, and sue the right one
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
How much can my business sue for in California small claims?
Under $6,250 if you sue as a corporation, LLC or partnership. Under $12,500 if you sue as an individual — a sole proprietor or an independent contractor who has not incorporated. If your claim is larger than your cap you can either waive the excess and stay in small claims, or file in limited civil court instead.
Can I add interest or late fees to what I sue for?
You can claim them if your contract or invoice terms provided for them and the client agreed to those terms before the work. Bring the document that sets the rate. Without an agreed rate you generally cannot add pre-judgment interest to a small claims demand, though a judgment itself earns 10% a year once entered.
Should I sue the person or their company?
Sue whoever the contract names. If you contracted with an LLC, the LLC is the defendant and you need its exact registered name and agent for service — check the California Secretary of State's business search. Naming the wrong entity is one of the most common reasons a judgment turns out to be uncollectable.
They keep promising to pay. Does that reset the clock?
A clear written acknowledgement of the debt can restart the limitation period, which is one reason to keep every message where they admit owing you money. Do not rely on it as a strategy — file well before four years from the breach.
Where to file a unpaid invoice claim
Venue is generally where the defendant lives or does business, or where the agreement was made or performed. Each county page gives that county's Superior Court, its own website, and the local service deadlines.
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.