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Before you start a small claims case | California Courts | Self Help Guide
Who should you sue and how do you find them? 
Figuring out the answers will help you decide if your case is right for small claims. If it is, knowing the answers will help you as you fill out the small claims forms.
Are you suing an attorney, a healthcare provider, or the state or local government? There are special rules you have to follow. Learn more 

Some kinds of cases have special rules you must follow. These types of cases include if you are suing:
An attorney about their fees
The State of California or a local government 
A healthcare provider
If you don't follow the special rules you will lose your small claims case. Review this information as well as the rest of the questions on this page before starting your case.

What you need to figure out

How much money to ask for
In small claims court, there are limits on how much money you can ask for.
In general, an individual can sue for up to $12,500 
If you're suing on behalf of your business, you can sue for up to $6,250 
You also can sue twice per calendar year for over $2,500
You will need to figure out how much you want to ask for under the limit. Figuring how much to ask for isn't always straightforward. Sometimes there are laws that say you can ask for penalities, like in a case about a security deposit or bounced check. 

EXAMPLE: unpaid loan 
Your friend borrowed $5,000. They agreed to pay you $100 per month. They stopped paying and have missed 2 payments.
	You want to sue them for the entire $5,000 loan amount. But, you can only sue for the missed payments (which in this example is $200, unless your agreement with them says something else).
 
You can sue them for the missed payments and then sue them again if they miss more payments. Or, wait until the end of the loan payments and sue for the whole amount

EXAMPLE: security deposit
Family Law Facilitator | Superior Court of California | County of Tuolumne
An estimate of your monthly living expenses, including housing, utilities, insurance, food, transportation, education, clothing, daycare expenses, and any extraordinary expenses related to health care and catastrophic losses.

Names and birthdates of your children and an estimate of your custodial/visitation time with each child.

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Investor protection FAQs | New York State Attorney General
How can I check whether a broker or issuer has a license to do business in New York? How can I review their background?

You can get basic information over the phone by calling the IPB's record department. Our staff can only give basic answers about an individual, such as employment history, exams or series taken, and yes or no answers about disciplinary history.
Under the U.S. Department of State Freedom of Information Law, most files maintained by the bureau are available for your review. You can also obtain copies of information in our files. The first five copies are free. We charge a fee of 25 cents for each page after that.
If you are requesting a printout of any record maintained in the IPB, such as a disciplinary history or a CRD report, or if you want to inquire about complaints against a company or an individual, please write to us at:
Investor Protection Bureau
Office of the New York State Attorney General
28 Liberty Street 15th Floor
New York NY 10005
Or you can fax your request to us at 212-416-8816.
Please note: We may not be able to disclose all records or some portions of records we maintain. We may deny your request if the information you ask for:

is confidential
involves a pending investigation
is an unwarranted invasion of personal privacy

Corporations

 

Does the bureau provide information on the value of old stocks? Can you tell me if the company still exists?

No. Please contact the New York Secretary of State.

Pyramid schemes

 

What are the differences between a legitimate multilevel marketing company and a pyramid scheme?

A legitimate multilevel marketing company emphasizes reliable products or services. A pyramid scheme uses products or services to disguise its objective: to collect money from investors on the bottom levels to pay other investors further up the pyramid.
In a typical pyramid scheme, new investors must pay a fee to sell the products or services and to recruit others into the pyramid for rewards. Very often, the victim must buy products or services that are impossible to sell, and the pyramid’s promoters refuse to repurchase them.
Whistleblower Complaint
Whistleblowers may report their claims internally to their company’s upper management or to the company’s ethics officer or externally to regulators responsible for regulating the company. A whistleblower’s inside knowledge of the suspected unlawful or dishonest activity may help us discover something we would otherwise not know. Whistleblowers can play a valuable role in helping us get needed evidence to support the claim.
What is the role of the Public Utilities Commission?
We regulate privately owned electric, natural gas, phone, water, railroad, rail transit, and passenger transportation companies. We serve the public interest by protecting consumers and ensuring that utility services and infrastructure are safe, reliable, and available at reasonable rates, with a commitment to environmental improvement and a healthy California economy. We make sure regulated companies follow the California Public Utilities Code, regulations, and other California laws involving safety and consumer protection. Our investigations include safety issues, misrepresentations or dishonesty, consumer fraud and marketing abuses, and tax or rule violations.
Can a Whistleblower keep his or her identity confidential or anonymous?
Yes. If you are a whistleblower and ask to remain anonymous, we will keep your identity private. We may need to get your contact information for follow-up questions. We may need to know your identity if you can provide documentation about the suspected unlawful activity you are reporting. We also may have difficulty continuing with the investigation if the first information you gave us is not enough for us to do a deeper investigation and you have chosen not to provide your contact information.
We do not have final control over whether your identity is revealed. A Commission action or a court of law could decide that, in a particular situation, showing your identity would be in the public interest.
Are Whistleblowers protected by the law?
Yes. California Labor Code Section 1102.5(b) protects you from retaliation by your employer if you have reasonable cause to believe that the information reveals a violation of or noncompliance with state or federal statute, rule, or regulation.
FTB Publication 1017 | FTB.ca.gov
Hired for the exclusive use of the withholding agent for the entire contract period.
Required to be available to work each day at the discretion of the withholding agent during the contract period.
Paid whether or not they provide services.

Days spent acquiring knowledge, skills, or experiences necessary as a condition of employment are not considered work days (Marc Wilson v. Franchise Tax Board (1993) 20 Cal. App. 4th 1441). Professionals and others who bill by the hour allocate compensation based on the number of billable hours worked in California to the total number of billable hours related to the particular service.
51. When payments are made for goods and services, how may withholding agents determine the portion of the payment related to services?
We accept any reasonable method. One method is to use the same allocation of goods and services that is used for sales and use tax purposes in the sales contract. The portion of the payment not subject to sales or use tax would be considered payment for services and subject to withholding. If a payment is not subject to California sales or use tax, but is subject to another stateâs sales or use tax, withholding agents may use the allocation for the other state to determine the portion relating to services and subject to withholding. Generally, under sales and use tax laws, charges for labor or services for installation are not subject to sales or use tax. Payments for installation would be subject to withholding. Charges for designing, consulting, performing feasibility studies, evaluating bids, and providing training services are also considered service activities if they are separately stated and not part of the sale of tangible personal property. 
Payments for repairs would be subject to withholding except for parts that are separately stated on the invoice. Payments for mandatory maintenance contracts or warranties subject to sales tax are not subject to withholding. However, payments for optional maintenance contracts or warranties that are not subject to sales tax are subject to withholding. One exception is transportation charges. Even if the payment for transportation charges is not subject to sales or use tax, withholding is not required. In unique situations, withholding agents should call us at 916-845-4900.
Reduced Withholding and Waivers of Withholding
The 2024-25 Budget: Medi-Cal Analysis
Provider Payments in Managed Care
Managed Care Is Medi‑Cal’s Primary Delivery System. In the managed care system, the state contracts with MCOs to enroll Medi‑Cal beneficiaries in health plans. The plans are responsible for arranging for the care of beneficiaries, primarily using their networks of providers. Managed care plans are responsible for providing most of the same services as in the fee‑for‑service system, with some exceptions. Managed care is now Medi‑Cal’s primary delivery system, projected to serve 95 percent of beneficiaries in 2024‑25.
State Pays Managed Care Plans, Which in Turn Pay Providers for Services. Critically, Medi‑Cal does not directly pay health care providers in the managed care system. Instead, Medi‑Cal pays the managed care plans on a monthly basis for each enrollee and plans in turn use the resulting funds to pay providers in their networks. The federal government annually approves the methodology to pay managed care plans.
Managed Care Plans Have Different Ways of Paying Providers. Historically, the state has not mandated how managed care plans are to pay for most services. Rather, the plans are responsible for negotiating payments as part of their contracts with providers, including the payment methodology and how much to pay. These arrangements are confidential and therefore comprehensive information is not available. Many managed care plans have told our office that at least some of their provider payments are set at 100 percent or more of the relevant Medi‑Cal fee‑for‑service rate. Managed care plans also attest to having many other kinds of arrangements. For example, some managed care plans subcontract with other plans or provider groups to oversee the care of some of their enrollees. In these arrangements, the plans provide monthly per‑enrollee payments, much like how Medi‑Cal pays the plans. 
State Also Can Provide Directed Payments. Federal rules allow states to provide what are known as “directed payments” in the managed care system. Most commonly, directed payments work like supplemental payments, with the state providing additional funds to plans to be directed toward specific providers and services.
Small claims index | California Courts | Self Help Guide
If you are suing for COVID-19 rental debt, there are separate instructions

1. Check you qualify and ask for money

Check you have a case for small claims
Research: Common issues in small claims
Special rules: Government agencies 
Special rules: Healthcare providers
Special rules: Arbitration or attorney fee dispute
Ask for the money 
Options after you get in touch
Write out an agreement
Try mediation

2. Start a small claims case

Start a small claims case (timeline and overview)

Fill out forms 
Where to file your case (venue)
How to name a defendant on your form

File your plaintiff's Claim
Serve the defendant(s)

Option: Serve by substituted service

3. Go to your court date

Get ready for your court date
Option: How to use subpoenas
Go to your court date
How to change your court date 

Being sued (defendant)

1. Getting sued (served court papers)

Respond to a small claims suit (“What do these papers mean”) 
Were you served correctly?

Sue the other side back (option)

How to sue the other side back
Before you sue the other side back
Fill out forms (the Defendant's Claim)
File the Defendant's Claim
Serve the Defendant's Claim Option: Serve by substituted service

2. Go to your trial

Get ready for your court date
Option: How to use subpoenas
Go to your court date

 
More Information 
Tips for preparing for small claims trial (Infographic | Video) 

After the small claims trial
What happens after your trial
Satisfaction of judgment
Ask to vacate (if you missed the trial)
How to file an appeal
What happens in an appeal
Judgment renewals and interest rates
Collections and payment

Creditor

Collect your money
How to collect in a small claims case
Get a debtor's examination
Debtor's examination questions
How to get a writ of execution
Add costs and interest to what's owed
Option: levy a bank account
Problems With Money - money_selfhelp
Cases for Over $25,000
Collection of Credit Card Debt
Bankruptcy
FAQs
Wage Garnishment / Earnings Withholding for Employers

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Learn about civil cases that involve financial issues, including contract disputes, property damage, injury, unpaid debt, and bankruptcy. If you are not sure what type of case you have, read the Basics section first, and then get more information from other sections that may apply to you.

Cases for $10,000 or less
Cases for $25,000 or less
Cases for over $25,000

Collection of Credit Card or Other Consumer Debt
Find information and resources about being sued for a credit card or other consumer debt.

Bankruptcy
Get basic information and resources on bankruptcy.
Related Information

Small Claims
Resolving Your Case Out of Court
Filing for Bankruptcy Without an Attorney
Glossary of Basic Civil Law Terms

  
 

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Problems With Money

Basics
Cases for $10,000 or Less
Cases for $25,000 or Less
Cases for Over $25,000
Collection of Credit Card Debt
Bankruptcy
FAQs
Wage Garnishment / Earnings Withholding for Employers

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Office of the Patient Advocate - State of California


This doctor gives you most of your care and refers you for other services when you need them. Usually, you must see this doctor first before you can see a specialist. Your primary care doctor must be in the HMO’s network.
Medical group:
Your medical group is the group of doctors and other providers that your primary care doctor is in. The medical group has a contract with the HMO to provide your care.
Networks and medical groups:
Each HMO has a network of doctors, medical groups, labs, hospitals, and other providers. You must get approval from your HMO to get care from a provider outside the network, unless it’s an emergency, or you need urgent care and are outside your plan’s area. Most of the providers you see are also in your medical group.
Check with your HMO about its network of providers. Ask the plan for a copy of its provider directory. Or look on the plan’s website.
Referrals and pre-approval:
You must have a referral to see a specialist or get most other services. Your HMO or medical group must approve many of your services before you can get them. Usually it is your primary doctor who gives you a referral and asks for pre-approval.
Check with your HMO about its rules for referrals and pre-approvals. Ask the plan for a copy of its Evidence of Coverage. Or look on the plan’s website.

Why would I choose an HMO?

You might save on costs. HMOs have established provider networks and other plan features designed to keep your costs affordable.  Be sure to look at all costs (beyond just the premium) related to the care you need and providers you prefer seeing.
You want to have a primary care doctor who can help you manage your care.  A primary care doctor can help you decide what other care you need and how to get it.
You want to simplify your health care costs. Usually the only costs you pay in an HMO are set co-pays. You do not get a bill for a percent of the cost of the service. And you do not have to submit claims.
Office of the Patient Advocate - State of California


From the beginning of the year, you only pay the co-pay for preventive checkups, family planning services, maternity/prenatal care, and some other services. You may pay a separate yearly deductible for prescription drugs.

Out-of-Pocket Maximum
This is the total you have to pay each year for most of your services. However, you still pay co-pays for some services, including prescription drugs and most medical equipment, even after you meet your yearly maximum.

Hospital Costs
If you have a co-pay for a hospital stay, it can be several hundred dollars. If you pay a co-insurance, you pay a percent of the hospital costs. This can be very expensive.

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Before you start a small claims case | California Courts | Self Help Guide
One week later the car breaks down. Your son’s friend won’t help pay for the repairs.
	You want to sue the friend because your money was used to buy the car. But the law says you can't (you don’t have “standing”). Only your son can sue his friend. And, if your son sues his friend and his friend didn’t make any guarantees about the car, your son may not win his case.

Who to sue and where they are
Who to sue
Sometimes it's clear who owes you money. But sometimes it's not so clear. Sometimes there are additional people - or businesses -  you should sue (or not sue) you may not have thought of. 
If the other side is a business, you will need to know their official business name. 

Example: Who to sue in a Car accident
If you're in a car accident, you would sue the person who hit your car if it was their fault. You can also sue the owner of the car if that’s a different person than the driver, even if they weren’t in the car with the driver during the accident. On the other hand, you don’t sue the other driver’s insurance company.

Example: who to sue about a rent deposit
You move out of your apartment, leaving it spotless. Your landlord doesn't give you your deposit back or send you a letter telling why you didn't get it back. You ask the apartment manager about your deposit. They tell you they don’t handle deposit returns. You may think you should sue the apartment manager and landlord but you only sue the landlord.

Where they are

You need to know where whoever you think owes you money is so
You can put that address on the court forms
They can be given the forms if you decide to sue them. If you're suing a business, they may have a designated person that receives court forms (known as Agent for Service of Process)
Get tips on how to find a person or a business and agent for service of process.
There are different rules if you want to sue someone who lives outside California.
2001 Budget Analysis Trial Court Funding (0450)
Background. Chapter 850 and other recent trial court funding legislation changed the amounts and distribution of court-related
fees. This legislation also transferred a variety of court-related fees collected by trial courts and local governments to the state's trust
fund as an important part of the state's new financing mechanism for trial courts.
About 50 fees collected by the trial courts, however, were not designated for either the state or local governments. Some of the
"undesignated" court fees include fees for postponement, change of venue, filing for Writ of Execution, and the civil assessment fee.
The amount of each fee varies from $1 to as much as $1,000.
Working Group Failed to Reach a Conclusion. An informal 12-member working group, composed of court executives and
county administrators, made an effort to determine how much revenue these undesignated fees generate and whether the state or
counties should receive the funds.
The group identified and catalogued, by statute, all court-related fees not addressed in Chapter 850 and placed them in one of four
categories. Three of the categories include fees in which the disposition (to either the state or counties) is clearly identified in statute.
The fourth category consists of fees where the use or disposition is not specified. About 47 percent of the fees not addressed by
Chapter 850 fall into this category.
The working group dissolved without concluding how to distribute the fee revenues in the fourth category. The Judicial Council has
continued to meet with county representatives in an attempt to reach an agreement on the distribution of the fees, but a lack of
information has prevented the resolution of this issue. Currently, we have revenue estimates for only one fee and no information
about how that revenue is used.
Initial Estimates Suggest Significant Revenues. Currently, no detail is available on where all the fees are being deposited, the
total amount of fee revenue, and how it is used. The Administrative Office of the Courts (AOC) collected information from the
courts on one undesignated fee, the civil assessment, which is believed to generate the largest amount of revenue. Courts impose
this fee for late payment of court ordered fines.