Skip to main content
Kolmogorov Law

Frequently asked

Questions plaintiffs ask us

Plain-language answers about California small-claims filing. If your question isn't here, email info@kolmogorovlaw.com — we usually answer within one business day.

How much does it cost?

The platform fee depends on tier: $99 Self-Guided, $349 Managed, or $549 Attorney-Counseled. On top of the platform fee, the court charges a filing fee of $30 (claims under $1,500), $50 ($1,500–$5,000), or $75 ($5,000–$12,500); we pass that through at cost. If you can't afford the filing fee, California courts grant fee waivers (FW-001) — we prepare the completed form for you. Service-of-process fees ($75–$125 typical) also pass through at cost on Managed and Attorney-Counseled.

See the pricing page for the full tier breakdown.

How long does it take?

From paid intake to filed case: typically 2 to 5 business days. Most of that is the attorney review step (we usually finish within one business day) and, on Managed/Attorney-Counseled tiers, the time it takes our paralegal to e-file or mail the package. Once filed, the court itself controls the calendar — California small-claims hearings are usually scheduled 30 to 70 days after filing. Service of process happens in between, typically within 7–14 days of filing.

What is small claims, exactly?

Small Claims Division of the California Superior Court. Designed for disputes up to $12,500 for individuals (or $6,250 for entities), without lawyers representing parties at the hearing. The judge hears both sides briefly, looks at exhibits, and decides — usually that day. It's fast, cheap, and accessible by design (see CCP § 116.110 et seq.).

Do you appear at the hearing for me?

No. California small-claims is plaintiff-self-represented by statute — attorneys can't appear at the hearing for either side (CCP § 116.530). We prepare every filing, file the case, arrange service, and coach you through hearing prep, but you walk into court yourself. On the Attorney-Counseled tier, Pavel does a 30-minute pre-filing consult and a 30-minute pre-hearing prep call to get you ready.

What's the difference between the three tiers?

Self-Guided ($99):

We prepare your SC-100, demand letter, SC-103 if needed, FW-001 fee-waiver request if needed, and a step-by-step filing-instructions PDF for your county. An attorney reviews everything before it goes out. You file at the courthouse and arrange service yourself.

Managed ($349):

Everything in Self-Guided plus we file (e-file or paper-mail, whichever the county supports), arrange service through a licensed California process server, and file the proof of service for you. You get a real-time case dashboard with deadlines and the hearing-prep packet.

Attorney-Counseled ($549):

Everything in Managed plus a 30-minute consult with Pavel before filing and a 30-minute pre-hearing prep call. Strategic input on case theory, evidence, and how to handle settlement calls from the defendant. Priority email support.

What happens if the defendant doesn't show up?

California allows you to ask the court to enter a judgment by default against a defendant who was properly served and didn't appear. That's common. The judgment looks the same as a contested win — same enforcement options, same bite. We don't currently automate the post-default workflow, so reach out and we'll point you at the right paperwork.

What happens if I lose?

The judge may rule for the defendant or split the difference. Plaintiffs cannot appeal in California small-claims — under CCP § 116.710(a), only defendants get a 30-day appeal right. If you lose, that's the end of it. (Defendants can appeal and you'd get a fresh hearing in the regular Superior Court.) This is one of the reasons we don't guarantee outcomes; the judge has wide discretion in this venue.

Can you guarantee I'll win?

No. Anyone who guarantees a legal outcome is either misrepresenting their service or doesn't understand the venue. We will tell you, before you pay, if your facts look weak or the dollar amount doesn't add up. But the judge controls the outcome and surprises happen — a missing witness, an unexpected document the defendant produces, a timing technicality. What we guarantee is that the paperwork will be correct, attorney-reviewed, and on time.

What if my case is over $12,500?

Small claims has a hard cap at $12,500 for natural persons ($6,250 for entities, including sole proprietors filing on behalf of a business). If your claim is larger, you have two options: waive the excess and stay in small claims (sometimes worth it to avoid a longer fight), or file in the regular Limited Civil division (under $35,000) or Unlimited Civil (over $35,000). The latter two require lawyers, formal discovery, and take 12–24 months. Our platform is small-claims only; for larger matters, contact kolmogorovlaw.com for a referral or representation discussion.

What counties do you serve?

All 58 California counties. We auto-detect your venue from the defendant's address (CCP § 116.370 — the defendant's home or business county). Larger counties (Orange, San Diego, San Francisco, LA, Sacramento, Santa Clara, Alameda, Contra Costa, Riverside, San Bernardino, Ventura, Fresno, San Mateo) accept e-filing for small claims; smaller counties get paper-filed by mail with a cover sheet our paralegal prepares. Either way, the workflow is the same on your end.

Can I bring my own lawyer to the consult?

Sure, but it's a 30-minute call so plan accordingly. The Attorney-Counseled tier consult is between you and Pavel; if you want a third party (spouse, business partner, lawyer-friend) on the line, just let us know in the booking notes.

What information do you ask for?

Your name, address, phone, and email; the defendant's name and address; a description of the dispute, the dollar amount, the date it happened, and how you calculated the damages. If your business is the plaintiff, we ask about the business form and any fictitious business name. If you can't afford the filing fee, we ask about household size, monthly income, and any public benefits you receive (for the FW-001 fee waiver). All of this lives in our database with PII redacted from logs (see our privacy policy).

How do you protect my privacy?

We don't sell or share personal information. PII is redacted from server logs and error tracking. Our privacy policy describes data handling in detail; California residents can use /data-rights to access, delete, or correct what we hold (subject to the retention obligations every law firm has on active matters). Documents are stored in a private cloud bucket; only short-lived signed URLs are issued for downloads.

What if I change my mind after paying?

We refund the platform fee in full if you cancel before we've started attorney review. After review, partial refunds are case-by-case. Court filing fees and process-server fees are pass-through costs — once incurred, they're not refundable from us (you can request the court refund the filing fee, which sometimes works). Just email info@kolmogorovlaw.com.

Are you my lawyer?

No. We're a self-help paperwork-preparation service operated by a California law firm. An SBN-holding attorney from our firm reviews every document before filing — that's a quality check, not representation. The attorney-client relationship for the underlying case stays between you and yourself; you appear pro se. The Attorney-Counseled tier's consultation calls are bundled-time legal consultation on your intended self-representation, not representation in the action itself. Full disclosure language is in our Terms of Service.

Should I try mediation first?

Almost always worth considering. Mediation is a structured conversation with a neutral third party who helps you and the other side find a resolution. It's usually faster, cheaper, and preserves relationships better than court. Many California counties offer free or low-cost mediation through the court's ADR (Alternative Dispute Resolution) program. If mediation doesn't produce an agreement, you can still file the small-claims case — and what you learn in mediation often makes your case stronger if you do.

You can find a court-affiliated mediator through your county Superior Court's self-help center. We don't do mediation ourselves; we prepare paperwork for plaintiffs who have already decided to file.

Is a small-claims case worth my time?

It's worth asking yourself a few questions before you start:

  • Are you ready to invest real time getting ready for your court date?
  • If you win, does the defendant actually have money to pay you? A judgment is just a piece of paper unless you can collect.
  • If you're suing a neighbor, family member, or someone you'll keep running into, will winning fix the problem or break the relationship?
  • Will the time you spend on the case, hearing, and any collection effort be worth it for the dollar amount you're asking for?
  • Will being involved in a legal dispute for the next few months keep you stressed in a way that affects other parts of your life?

Most plaintiffs who answer these honestly still want to file. But knowing what you're signing up for is part of the work.

The defendant lives out of state. Can I still sue?

Usually not in small claims — California small-claims courts have jurisdiction over defendants who live, work, or own property in California. Three notable exceptions:

  • Landlord disputes: if you're suing your landlord, you can sue them in California even if they live out of state, as long as the rental property is in California.
  • Car accidents: if the accident happened in California, you can sue the out-of-state driver and the car's owner. You'll also need to serve the California Director of the Department of Motor Vehicles, who acts as their statutory agent.
  • Contract disputes about California-based services: sometimes possible. Email info@kolmogorovlaw.com and we'll review.

For all other out-of-state defendants, you'd typically need to file in the defendant's home state — which is outside the scope of our platform.

I'm a landlord trying to collect unpaid COVID-19 rent. Can I file in small claims?

As of October 1, 2025, California capped landlord small-claims recoveries for COVID-19 rental debt at $12,500 (the regular small-claims limit), and landlords can no longer use small claims for COVID-19 rental debt that exceeds $12,500. “COVID-19 rental debt” means unpaid rent and other charges incurred before September 30, 2021, due to COVID-19. If your unpaid-rent claim is above $12,500 or includes COVID-19 debt above that threshold, you'll need to file in Limited Civil instead — outside our platform.

What's the deadline to sue?

California has different deadlines (statutes of limitations) by claim type:

  • Written contract: 4 years from breach (CCP § 337)
  • Verbal / unwritten contract: 2 years (CCP § 339)
  • Personal injury: 2 years from injury (CCP § 335.1)
  • Property damage: 3 years from damage (CCP § 338(c))
  • Fraud: 3 years from discovery (CCP § 338(d))

If you file after the deadline, the defendant can ask the judge to dismiss — and almost always wins on that motion, even if your underlying case is strong. Our intake checks this date for you and flags cases that appear past the deadline.

Question not here?

Email info@kolmogorovlaw.com and we'll respond within one business day. Or start your intake and we'll spot the issue while drafting.

FAQ — California Small Claims Filing · Kolmogorov Law Small Claims