California · Property damage

Property damage in California small claims

Someone damaged your property? Recover in small claims.

When someone damages your property — a neighbor, a tenant, a contractor, or another driver — small claims court is often the fastest and least expensive way to recover. Your case turns on proving who caused the damage, the extent of the damage, and what it costs to repair or replace. Documentation is everything: photos of the damage, repair estimates, and any witnesses or communications that establish fault.

In California, small-claims cases are heard in the Small Claims Court (the small claims division of the Superior Court) and you can sue for up to $12,500 (for individuals; $6,250 if you are a business).

Good to know: The official self-help site consistently calls it "small claims court." Small claims is handled as a division of the county Superior Court of California; cases are filed at the superior court in the appropriate county. The official pages refer to it generically as "small claims court" rather than naming a "small claims division" in the quoted text.

Property damage: steps that matter

1. Photograph and video the damage immediately and in detail, before any repairs are made.
2. Get at least one written repair estimate from a professional to establish the dollar value of your claim.
3. Identify any witnesses and note their contact information.
4. Send a written demand to the responsible party stating the amount you are seeking and why, and keep proof you sent it.
5. File in the court for the county where the damage occurred or where the defendant is located.

Filing your Plaintiff's Claim and ORDER to Go to Small Claims Court (form SC-100) in California

1. Fill out forms. Complete the Plaintiff's Claim and ORDER to Go to Small Claims Court (form SC-100), stating who you are, who you're suing, why, how much, and why you're suing in that county. The official self-help guide lists three steps: "Fill out forms," "File with court," and "Serve your claim."
2. File with the court. File the completed SC-100 with the small claims court (the superior court) in the correct county and pay the filing fee (between $30 and $100), or request a fee waiver (form FW-001) if you can't afford it. The court gives you a trial date, typically about 1-2 months out.
3. Serve your claim on the defendant. Have another adult (not you, and not part of the case) serve the defendant. Your server must deliver the forms at least 15 days before your court date, or 20 days before if the person/business/government is in a different county from where you filed.
4. File proof of service. Have the server complete a Proof of Service (form SC-104) and file it with the court clerk so the court knows the defendant was properly served before the trial date.
5. Go to your trial. Appear at your scheduled court date with your evidence and witnesses. You cannot bring a lawyer to court for a small claims case, though you may consult one beforehand.

Filing fees: Filing and service fees are set locally and vary; confirm the current amount with the court. A fee waiver is available if you cannot afford the costs.

Deadline that applies to your property damage

A property damage claim typically falls under the property damage statute of limitations in the state where the damage occurred. If the damage arose from a breach of contract — for example, a service provider who caused damage — the contract period may also be relevant. Confirm which deadline applies to your specific claim with the court.

Property damage: 3 years (Code of Civil Procedure section 338)

Answering a lawsuit: There is no written answer in California small claims. The defendant does not file a written response before the hearing; they simply come to the scheduled court date to present their side (or may file a Defendant's Claim, form SC-120, to sue back, which has its own deadline).

Serving the defendant: You cannot serve the papers yourself; another adult (18 or older, not part of the case) must serve the defendant. The server must deliver the forms at least 15 days before the court date, or 20 days before if the defendant is in a different county from where you filed.

Appeals: Only the side who owes money can appeal (usually the defendant). You must file an appeal within 30 days from when the Notice of Entry of Judgment (form SC-130 or SC-200) was handed or mailed to you, using a Notice of Appeal (Small Claims) (form SC-140). The appeal is a new trial before a different judge.

All California small-claims deadlines

The table below lists the filing deadlines Small Claims Court (the small claims division of the Superior Court) applies by claim category. Confirm the exact rule that applies to your property damage claim with your court before relying on any figure.

California small-claims forms for your property damage case

These forms are published by the Small Claims Court (the small claims division of the Superior Court). Download and complete them before filing.

• SC-100 - Plaintiff's Claim and ORDER to Go to Small Claims Court: The form a plaintiff files to start a small claims case.
• SC-104 - Proof of Service: Filed to verify the defendant was properly served the claim before the trial date.
• FW-001 - Request to Waive Court Fees: Used to ask the court to waive the filing fee if you can't afford it.
• SC-140 - Notice of Appeal (Small Claims): Filed by the losing party (who owes money) to appeal the judge's decision within 30 days.

This page is general information, not legal advice, and CaseBySelf is not a law firm. Rules, fees, and deadlines change and vary by court: verify with the specific court where you file. Source: California Courts Self-Help Guide - Small claims in California. Last reviewed 2026-06-23.