How Do You File a Small Claims Case for a Withheld Deposit in California?

The California rule in one table

What makes California different

California is one of the few states in this directory with two limits, and the split matters before you file. An individual tenant claims up to 12,500 dollars. A business tenant claims up to 6,250 dollars. The fee follows the claim size in four tiers, and the top tier is a frequency rule, not a claim-size rule: a filer with more than 12 small claims in the past 12 months pays 100 dollars whatever the claim.

The demand rule is the other California difference. Small claims in most states work better after a written demand, but California puts the question on the form itself. Item 4 of SC-100 asks whether you asked the defendant to pay, in person, in writing, or by phone, before you sued. Send the demand in writing and keep a copy, so the answer on the form is documented, not remembered. See How to Write a Security Deposit Demand Letter for what the letter should contain.

The process, step by step

1. Demand payment from the landlord first. Do it in person, in writing, or by phone. A written demand is the one you can prove.
2. Complete form SC-100. File the original plus one copy for yourself and one copy for each defendant.
3. File with the small-claims clerk and pay the tiered fee. The fee runs from 30 dollars to 100 dollars by claim size and filing history, as in the table above.
4. Serve the claim and order, then file proof of service. Service runs by clerk mail with return receipt, personal delivery, or substituted service. Service must be completed at least 15 days before the hearing if the defendant resides in the filing county, and at least 20 days before if outside. File proof of service at least 5 days before the hearing.
5. Check the deadline that started the dispute. California landlords must return or itemize the deposit within 21 calendar days after you vacate and return possession. See Security Deposit Return Deadline in California for the rule that decides whether the landlord missed the clock at all.

Small claims in the other states

Deposit suits follow the same shape in every state, but the court, the limit, the form, and the fee change at the state line. See How to File a Small Claims Case for a Withheld Deposit in Texas and How to File a Small Claims Case for a Withheld Deposit in Florida. For all seven states side by side, see the Small Claims for a Withheld Deposit by State directory.

Source

Court, limits, form, fee, and service rules on this page come from the courts: Superior Court of California, County of Plumas, small claims, Superior Court of California, County of Marin, small claims, California Courts self-help, small-claims forms, and form SC-100. The limits above are stated on Superior Court pages; the statute section most often cited for the lower figure states 6,250 dollars, and the higher individual figure is the courts' stated figure. Facts verified 2026-10-25.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your state agency.