Small Claims Forms and Fees

Forms:

The Plaintiff’s Claim and Order To Go To Court (SC-100) is the form to complete to initiate your lawsuit. If you are suing more than one defendant you will also need an Other Plaintiff’s or Defendant’s form (SC100A). If you want to file a counter claim use the form Defendant’s Claim and Order to go to Small Claims Court (SC-120)

Small claims forms can be obtained in person at any of our branch courts (San Luis Obispo or Paso Robles) in the civil division or online at www.courts.ca.gov/forms or  www.courts.ca.gov/selfhelp 

The San Luis Obispo Superior Court Small Claims Division no longer requires that you type any forms. All forms must be printed in ink. The court in its discretion may reject forms due to illegibility.

If you are a business, additional forms may be required at the time of filing your claim. You may wish to consult with the Small Claims Advisor regarding limits in small claims, and how to list a business name and serve a business. These forms may or may not apply:

Businesses with a fictitious business name filed with the county need a Fictitious Business Name Statement (SC103) filed with your SC100.Businesses other than a sole proprietor need an Authorization to Appear Form (SC109) that you will bring to court with you.

If you are anything other than a sole proprietor, like a Corporation, LLC, LP, Partnership, Association, Trust, etc. The limit you can sue for is only $5000.00. Sole proprietors and individuals can sue for $10,000.00.

Filing Fees:

The filing fee is based on the amount of your claim and the number of claims you have filed in the past 12 months. 

Filing claims for $1,500 or less:   $30.00

Filing claims for more than $1,500 but less or equal to $5,000:  $50.00

Filing claims for more than $5,000 but less or equal to $10,000

(Natural persons and sole proprietors only):  $75.00 

 

No plaintiff can file more than 2 claims for more than $2500.00 in any calendar year. You can file as many claims as you want under $2500.00

If you have filed more than 12 claims in the past 12 months, the filing fee is $100 (for any claim amount.