California · Unpaid wages

Unpaid wages in California small claims

Employer didn't pay what you're owed? Small claims can help.

If an employer has not paid wages, final paychecks, overtime, or promised bonuses, small claims court is one avenue to recover — and in many states, wage claims can also be filed with the state labor or wage-and-hour agency as a separate (sometimes faster) process. Your strongest evidence is documentation of the hours worked, the agreed pay rate, and what was actually paid, along with any employment agreement or pay stubs.

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.

Unpaid wages: steps that matter

1. Gather your employment agreement, pay stubs, timesheets or other hours records, and any written communication about your pay rate or the amount owed.
2. Calculate the exact amount you are owed: hours worked times rate, minus any payments already received.
3. Check whether your state's labor or wage-and-hour agency offers a separate wage claim process that may be faster or recover more.
4. Send a written demand to your employer stating the amount owed and a deadline to pay, and keep proof you sent it.
5. File in the court for the county where you worked or where the employer is located, within the applicable deadline.

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 unpaid wages

An unpaid wages claim can be framed as a contract claim (you worked under an agreement and were not paid) or as a statutory wage claim under your state's labor laws. The applicable statute of limitations may differ depending on the theory used; state wage statutes sometimes provide their own shorter or longer deadlines. Confirm which period governs your situation with the court or your state's labor agency.

Written contract: 4 years (Code of Civil Procedure section 337)

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 unpaid wages claim with your court before relying on any figure.

California small-claims forms for your unpaid wages 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.