Court Information
Filing Fees
Max claim: $12,500 · Required forms: SC-100, SC-104
| Claim amount | Filing fee |
|---|---|
| $1 – $1,500 | $30 |
| $1,501 – $5,000 | $50 |
| $5,001 – $12,500 | $75 |
Fee waiver available if you qualify (form FW-001).
How to File
Small claims cases are filed and heard at the Downtown Superior Court (DTS), 191 N. First St., San Jose. Filing is in person during clerk hours (Mon-Thu 8:30am-3:00pm, Fri 8:30am-12:00pm) or by mail. As of 7/1/2025 the court serves notices by email by default — provide a working address you check daily and white-list noreply@scscourt.org.
Serving the Defendant
Serve the defendant at least 15 days before the hearing (20 days if the defendant lives outside Santa Clara County). Service can be made by the Santa Clara County Sheriff for a fee, by a registered process server, or by any adult who is not a party. File the proof of service (SC-104) with the court before the hearing.
Allowed methods: Personal service, Substituted service, Certified mail
Deadline: Serve at least 15 days before the hearing date.
Hearing Tips
- Prepare your evidence: make only one copy of each document to submit at the start of the hearing. Parties will review each other's evidence before the case is heard.
- Bring hard copies of all evidence to court. If you have video evidence on your phone or laptop, you can plug into the courtroom projector to present it.
- If you have a witness, let the judge know. Witnesses must wait outside in the hallway and cannot hear any testimony before they testify.
- If you need an interpreter, notify the deputy, clerk, or judge as soon as possible. Spanish and Vietnamese interpreters are often available the same day; other languages will likely require rescheduling. The court cannot require someone to speak English if they say they need an interpreter — even if they have spoken English with you before.
- For car damage cases, bring proof of ownership of your vehicle (title or registration).
- In car accident cases, you may sue the driver and the registered owner of the other car — but not the at-fault driver's insurance company.
- If your case involves a written lease (landlord/tenant issue), bring a copy. The court will use it to confirm all tenants are named as defendants and that the landlord — not the property manager — is the named defendant.
- If the defendant is located outside Santa Clara County, be prepared to explain why filing venue here is proper.
- The defendant must be properly served before the hearing. If service was defective but the defendant appears, they can waive service and proceed, or request a new hearing date.
- Certified mail service through the clerk is valid only if the defendant signs and returns the receipt. If they don't cooperate, you will need a process server to hand-deliver the lawsuit. Phone, fax, email, or leaving papers on a doorstep or windshield is not valid service.
- Let the court know what pronouns you use when your case is called.
- If your case has settled, tell the judge. Options include: (1) dismiss the case; (2) set a future court date in case the settlement falls through; or (3) convert the agreement into a court judgment.
- Free Small Claims Advisor is available to help prepare — book an appointment for Tuesday morning slots.
- Mediation through the court's ADR program often resolves cases before the hearing and is worth trying.
- Arrive at least 15 minutes early.
✓ Interpreters available ✓ Phone appearance allowed
Know Your Rights Under California Law
California Civil Code § 1950.5 requires landlords to return your deposit or provide an itemized statement within 21 days of move-out. If they fail to do so, you may be entitled to your deposit back plus up to 2× the deposit amount in statutory damages.
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