Small Claims Advisors

If you are currently involved in, or may potentially become involved in, a small claims court action in Orange County, our small claim advisors might be able to help.

Frequently Asked Questions

Small Claims Court lets parties resolve disputes involving money quickly and inexpensively. Small Claims trials are more informal than other civil trials, and the rules and procedures have been simplified. You can sue a person, business or public entity in Small Claims Court. Generally Small Claims Court is not able to force the other party to do, or not do something, unless a claim for money is part of the lawsuit or the request is expressly allowed by statute.

An individual or sole proprietorship can sue for up to $12,500. A corporation, partnership or other entities can sue for up to $6,250. With limited exceptions you may only file two Small Claims cases over $2,500 during a calendar year.

The filing fee will depend on how much you are suing for

Cases up to $1500 = $30 filing fee

Cases over $1500 up to $5000 = $50 filing fee

Cases over $5,000 up to $12,500 = $75 filing fee

If you have filed more than 12 Small Claims Cases in the last 12 months = $100 filing fee

Fee Waivers are available

Your landlord wrongly kept your security deposit.

You lent money to a friend and he refuses to pay you back.

Someone damaged your car and refuses to pay for repairs.

Trying to enforce a child support order.

Your neighbor is harassing you and you need to file a restraining order.

You are being evicted from your apartment and want to stay.

You want to change your name.

In general, a lawyer may not represent you in Small Claims Court. However, you may consult with a lawyer before your trial. A lawyer may represent you at a Small Claims Appeal, or help you collect your judgment.

Yes. There are time limits for how long you have to file a Small Claims case known as the Statutes of Limitations. The time you have to file your claim depends on the type of case. The Statutes of Limitations can be complicated, for more information speak to a Small Claims Advisor or attorney.

Before you can file a Small Claims case, you must ask the other party to pay you. You can do so in person, in writing, or over the phone. Once you have asked the other party for payment, complete and file the court forms. For more information or assistance starting your claim contact the Small Claims Advisory.

Call the Small Claims Advisory for Information, forms, and procedures

Monday: 9:00 a.m. to 6:00 p.m. and Tuesday-Friday: 9:00 a.m. to 5:00 p.m.

714-571-5277 • Toll Free: 800-963-7717

Due to the ongoing pandemic we are closed for in-person services. Please call us for assistance at 714-571-5277 and check back for reopening information.

To request a postponement, complete form SC-150. Have someone over the age of 18 who is not a party to the case serve a copy by mail of the SC-150 to all the other parties involved in the case. The server will need to complete a proof of service form SC-112a. File the SC-150 and the SC-112a at the Court at least 10 days before the hearing date. There is a $10 filing fee.

Have someone over the age of 18 who is not a party to the case give a copy of the filed SC-100 to the Defendant. The Server will need to complete a Proof of Service form SC-104. File SC-104 at the Court at least 5 days before the Court date.

Substitute Service:

Have someone over the age of 18 who is not a party of the case give the filed SC-100 to either:

  • A competent adult at the home of and living with the Defendant
  • An adult who appears to be in charge where Defendant usually works
  • An adult who seems to be in charge where Defendant usually receives mail or has a private post office box (NOT A US POST OFFICE BOX)

And, the server must mail a copy of the SC-100 as well.

See Forms SC-104B and SC-104C for more information on how to serve.

  • Anyone over the age of 18 who is not a party of the case.
  • The sheriff can serve the forms for a fee.
  • A registered process server.
  • The Court Clerk can serve by certified mail. Note: only the Court Clerk can serve by certified mail and it is considered the least reliable form of service.

Go to occourts.org and search using the online case access tool.

  1. Ask the other party to pay you
  2. Complete and file your claim
  3. Serve your claim
  4. Prepare for trial
  5. Trial
  6. Post-trial waiting and appeal period
  7. Enforcement of judgment (collect the money)
  8. Satisfaction of judgment (receive the money)

A party cannot appeal their own claim. Only a Defendant, or a Plaintiff who lost a counterclaim can file an appeal. File form SC-140. An appeal must be filed within 30 days from the date of the mailing of the Notice of Entry of Judgment (SC-130). An appeal is a new trial and all arguments and evidence must be presented again. Attorneys may represent a party at an appeal.

Complete form SC-135. Go to the hearing and explain why you did not attend the original trial. If the court vacates the default judgment there will be a new trial. If the court denies the motion to vacate you have 10 days to file an appeal.

If your trial is in person, bring three copies of all your exhibits with you to your hearing.

If your hearing is remote (by Zoom), upload your exhibits to the Court’s electronic evidence portal at least two days before your trial date.

If you win a Small Claims judgment it will be up to you to collect your money. The Court will not collect it for you.

Options include:

  • Levy the judgment debtor’s bank account
  • Garnish the judgment debtor’s wages
  • Put a lien on the judgment debtor’s real property
  • Cash register levy
  • Keeper levy
  • Debtor’s exam
  • Suspend the judgment debtor’s drivers or professional license

Call the Small Claims Advisory for more information on how to collect your judgment.

General Demand Letter

You must ask the defendant to pay you before you sue. A written demand letter is best.

How to compose your letter:

  1. Use a typewriter or computer
  2. Briefly state the main facts of the dispute
  3. Be polite
  4. Ask for exactly what you want and set a deadline
  5. Conclude by stating you will promptly pursue legal remedies if your demand is not met
  6. Keep a copy of the correspondence

Samples and programs to assist writing a demand letter are available here.

The deadline to file a claim is known as the Statute of Limitations. The period of time you have to file a lawsuit depends on the type of claim. Refer to this list of the most common statutes of limitation.

Before your court date, plan what you are going to say. Decide what your main points are and bring proof. Try to think of what the other person might say and how you will answer.

Types of proof:

  • Contracts
  • Estimates (bring at least 2)
  • Bills
  • Photographs
  • Diagrams that show how an accident happened
  • Police reports

If you need documents that someone else has, or you wish to bring a witness, you can fill out a Subpoena. Form SC-107.

Fee Waivers are available for those who qualify. To request a Fee Waiver, complete forms FW-001 and FW-003 and submit them when you file your claim.

Remote hearing instructions are available on the Orange County Court’s website.

COVID-19 rental debt means any unpaid rent or any other money owed under a residential lease or residential rental agreement (for example, parking fees or utility payments) that came due between March 1, 2020, and September 30, 2021.

Starting November 1, 2021, a landlord may file a Small Claims case to recover COVID-19 back rent.

Complete and file form SC-500. Attach documentation showing the landlord’s good-faith efforts to seek rental assistance (examples of documentation include emails, texts, and notes from phone calls), and serve the form on the tenants.

Note: Typical Small Claims limits of $10,000 and $5,000 do not apply for COVID-19 back rent.

The parties should bring the rental agreement, any rental receipts, and any other receipts or other documents that show the following:

  • The amounts of COVID-19 rental debt owed and the dates on which each amount came due.
  • Any amounts that the tenant paid toward the rent or other financial obligations and the dates of payment.
  • Any other amounts of rent or other obligations that were paid through rental assistance programs or other third parties on behalf of the tenant.
  • Any evidence of conditions affecting the residence, such as items needing repairs.
  • Any evidence to support arguments made to determine the amount of money owed.

A landlord may file either a Small Claims or civil case to recover COVID-19 back rent.

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