Orange — Opening a Small Claims Case

Source: https://www.occourts.org/system/files/selfhelp/shc-sc-01.pdf

SUPERIOR COURT OF CALIFORNIA Self-Help Services COUNTY OF ORANGE www.occourts.org/self-help

OPENING A SMALL CLAIMS CASE

SELF-HELP FORM PACKET

SHC-SC-01 (Rev. 02/25/2026)

Self-Help Services can review your completed forms before you file them with the Court. To request review of your completed forms: • In person review: Central Justice Center or the Lamoreaux Justice Center • Virtual (remote) review: Any branch court, including the Costa Mesa Justice Complex. To File In Person: Central Justice Center 700 Civic Center Drive West Santa Ana, CA 92701 Civil Division, 1st floor, Room K-100

www.occourts.org/self-help

Resolve Your Small Claims Who are the ODR Facilitators? Case Online for Free! Our ODR Facilitators are qualified and experienced mediators fromIf you are in a Small Claims case in Waymakers, a non-profit that providesOrange County, California, our Online Small Claims mediation services forDispute Resolution (ODR) website may Orange County Superior Court. be able to help you negotiate with the other party and settle your case online. Am I Eligible? The negotiations are convenient, Requirements: voluntary and confidential. All of our services are free and you can ask for a • You are in an open Small Claims neutral ODR Facilitator to help you case filed in Orange County and reach an agreement. Once you reach the Defendant has already been an agreement, the legal settlement or served. dismissal can be e-filed. • You know the email address of the other party. If not, you can print anBenefits of a Legal Settlement invitation to send. • Saves time and money. • You have regular access to the • Avoid having to go to court. internet. • Resolves the dispute earlier on • You do not have a case with more your own terms. than two parties or an attorney- client fee dispute. • You can set up a payment plan. The Plaintiff is usually paid faster • You do not need an interpreter to and easier than collection. The help you communicate. Defendant can avoid a judgment if payments are made on time. Contact

Ready to Begin? For more information, go to odr.legal-aid.com or contact the Orange Go to odr.legal-aid.com to create an County Small Claims Advisory Program account today! (714) 571-5277 or (800) 963-7717.

Revised February 2019

INFORMATION FOR THE SMALL CLAIMS PLAINTIFF SC-100-INFO This information sheet is written for the person who sues in the small claims court. It explains some of the rules of, and some general information about, the small claims court. It may also be helpful for the person who is sued. WHAT IS SMALL CLAIMS COURT? Small claims court is a special court where disputes are resolved quickly and inexpensively. The rules are simple and informal. The person who sues is the plaintiff. The person who is sued is the defendant. In small claims court, you may ask a lawyer for advice before you go to court, but you cannot have a lawyer in court. Your claim cannot be for more than $6,250 if you are a business or public entity or for more than $12,500 if you are a natural person (including a sole proprietor). (See below for reference to exceptions.*) If you have a claim for more than this amount, you may sue in the civil division of the trial court or you may sue in the small claims court and give up your right to the amount over the limit. You cannot, however, file more than two cases in small claims court for more than $2,500 each during a calendar year. WHO CAN FILE A CLAIM?

1. You must be at least 18 years old to file a claim. If you are not You must also appear at the small claims hearing yourself yet 18, tell the clerk. You may ask the court to appoint a unless you filed the claim for a corporation or other entity guardian ad litem. This is a person who will act for you in the that is not a natural person. case. The guardian ad litem is usually a parent, a relative, or 4. If a corporation files a claim, an employee, an officer, or a an adult friend. director must act on its behalf. If the claim is filed on behalf of
2. A person who sues in small claims court must first make a an association or another entity that is not a natural person, a demand, if possible. This means that you have asked the regularly employed person of the entity must act on its behalf. defendant to pay, and the defendant has refused. If your claim A person who appears on behalf of a corporation or another is for possession of property, you must ask the defendant to entity must not be employed or associated solely for the give you the property. purpose of representing the corporation or other entity in the
3. Unless you fall within two technical exceptions, you must be small claims court. You must file a declaration with the the original owner of the claim. This means that if the claim is court to appear in any of these instances. (See assigned, the buyer cannot sue in the small claims court. Authorization to Appear, form SC-109.) WHERE CAN YOU FILE YOUR CLAIM?

You must sue in the right court and location. This rule is called venue. Check the court's local rules if there is more than one court location in the county handling small claims cases. If you file your claim in the wrong court, the court will dismiss the claim unless all defendants personally appear at the hearing and agree that the claim may be heard. The right location may be any of these:

1. Where the defendant lives or where the business involved is 5. For a retail installment account or sales contract or a motor located; vehicle finance sale:
2. Where the damage or accident happened; a. Where the buyer lives;
3. Where the contract was signed or carried out; b. Where the buyer lived when the contract was entered into;
4. If the defendant is a corporation, where the contract was c. Where the buyer signed the contract; or broken; or d. Where the goods or vehicle are permanently kept. SOME RULES ABOUT THE DEFENDANT (including government agencies)
5. You must sue using the defendant's exact legal name. If the 2. If you want to sue a government agency, you must first file a defendant is a business or a corporation and you do not know claim with the agency before you can file a lawsuit in court. the exact legal name, check with the state or local licensing Strict time limits apply. If you are in a Department of agency, the county clerk's office, or the Office of the Secretary Corrections or Youth Authority facility, you must prove that the of State, Corporate Status Unit, at www.sos.ca.gov/business. agency denied your claim. Please attach a copy of the denial Ask the clerk for help if you do not know how to find this to your claim. information. If you do not use the defendant's exact legal 3. With very limited exceptions, the defendant must be served name, the court may be able to correct the name on your claim within the state of California. at the hearing or after the judgment. HOW DOES THE DEFENDANT FIND OUT ABOUT THE CLAIM?

You must make sure the defendant finds out about your lawsuit. This has to be done according to the rules or your case may be dismissed or delayed. The correct way of telling the defendant about the lawsuit is called service of process. This means giving the defendant a copy of the claim. YOU CANNOT DO THIS YOURSELF. You should read form SC-104B, What is "Proof of Service"? Here are four ways to serve the defendant:

1. Service by a law officer—You may ask the marshal or sheriff 3. Certified mail—You may ask the clerk of the court to serve to serve the defendant. A fee will be charged. the defendant by certified mail. The clerk will charge a fee.
2. Process server—You may ask anyone who is not a party in You shoul

"Proof of Service"? Here are four ways to serve the defendant:

1. Service by a law officer—You may ask the marshal or sheriff 3. Certified mail—You may ask the clerk of the court to serve to serve the defendant. A fee will be charged. the defendant by certified mail. The clerk will charge a fee.
2. Process server—You may ask anyone who is not a party in You should check back with the court before the hearing to your case and who is at least 18 years old to serve the see if the receipt for certified mail was returned to the court. defendant. The person is called a process server and must Service by certified mail must be done by the clerk's personally give a copy of your claim to the defendant. The office except in motor vehicle accident cases involving person must also sign a proof of service form showing when out-of-state defendants. the defendant was served. Registered process servers will 4. Substituted service—This method lets you serve another serve papers for a fee. You may also ask a friend or relative to person instead of the defendant. You must follow the do it. procedures carefully. You may also wish to use the marshal or sheriff or a registered process server.

• Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).) Page 1 of 2 Form Adopted for Mandatory Use INFORMATION FOR THE PLAINTIFF Code of Civil Procedure,Judicial Council of California §§ 116.110 et seq.,116.220(c), 116.340(g) SC-100-INFO [Rev. January 1, 2024] (Small Claims) www.courts.ca.gov

4. Substituted service (continued) A copy of your claim must be 5. Timing and proof of service—No matter which method of left at the defendant's business with the person in charge, OR service you choose, the defendant must be served by a certain at the defendant's home with a competent person who is at date, or the trial will be postponed. If the defendant lives in the least 18 years old. The person who receives the claim must county, service must be completed at least 15 days before the be told about its contents. Another copy must be mailed, first trial date. This period is at least 20 days if the defendant lives class postage prepaid, to the defendant at the address where outside the county. the paper was left. The service is not complete until 10 days The person who serves the defendant must sign a court after the copy is mailed. paper showing when the defendant was served. This paper is called a Proof of Service (form SC-104). It must be signed and returned to the court clerk as soon as the defendant has been served. WHAT IF THE DEFENDANT ALSO HAS A CLAIM?

Sometimes the person who was sued (the defendant) will also have a claim against the person who filed the lawsuit (the plaintiff). This claim is called the Defendant's Claim. The defendant may file this claim in the same lawsuit. This helps to resolve all of the disagreements between the parties at the same time. If the defendant decides to file the claim in the small claims court, the claim may not be for more than $6,250, or $12,500 if the defendant is a natural person (see exceptions on page 1*). If the value of the claim is more than this amount, the defendant may either give up the amount over $6,250 or $12,500 and sue in the small claims court or sue in the appropriate court for the full value of the claim. If the defendant's claim relates to the same contract, transaction, matter, or event that is the subject of your claim and exceeds the value amount for small claims court, the defendant may file the claim in the appropriate court and file a motion to transfer your claim to that court to resolve both claims together. The defendant's claim must be served on the plaintiff at least five days before the trial. If the defendant received the plaintiff's claim 10 days or less before the trial, then the claim must be served at least one day before the trial. Both claims will be heard by the court at the same time. WHAT HAPPENS AT THE TRIAL? Be sure you are on time for the trial. The small claims trial is informal. You must bring with you all witnesses, books, receipts, and other papers or things to prove your case. You may ask the witnesses to come to court voluntarily, or you may ask the clerk to issue a subpoena. A subpoena is a court order that requires the witness to go to trial. The witness has a right to charge a fee for going to the trial. If you do not have the records or papers to prove your case, you may also get a court order before the trial date requiring the papers to be brought to the trial. This order is called a Small Claims Subpoena and Declaration (form SC-107). If you settle the case before the trial, you must file a dismissal form with the clerk. The court's decision is usually mailed to you after the trial. It may also be hand delivered to you when the trial is over and after the judge has made a decision. The decision appears on a form called the Notice of Entry of Judgment (form SC-130 or SC-200). WHAT HAPPENS AFTER JUDGMENT? The court may have ordered one party to pay money to the other party. The party who wins the case and is owed the money is called the judgment creditor. The party who loses the case and owes the money is called the judgment debtor. Enforcement of the judgment is postponed until the time for appeal ends or until the appeal is decided. This means that the judgment creditor cannot collect any money or take any action until this period is over. Generally both parties may be represented by lawyers after judgment. More information about your rights after judgment is available on the back of the Notice of Entry of Judgment. The clerk may also have this information on a separate sheet. HOW TO GET HELP WITH YOUR CASE

1. Lawyers—Both parties may ask a lawyer about the case, but 5. Parties who are in jail—If you are in jail, the court may a lawyer may not represent either party in court at the small excuse you from going to the trial. Instead, you may ask claims trial. Generally, after judgment and on appeal, both another person who is not an attorney to go to the trial for you. parties may be represented by lawyers. You may mail written declarations to the court to support your
2. Interpreters—If you do not speak English well, ask the court case. clerk as soon as possible for a court-provided interpreter. You 6. Accommodations—If you have a disability and need may use form INT-300 or a local court form to request an assistance, immediately ask the court to help accommodate interpreter. If a court interpreter is not available at the time of your needs. If you are hearing impaired and need assistance, your trial, it may be necessary to reschedule your trial. You notify the court immediately. cannot bring your own interpreter for the trial unless the 7. Forms—You can get small claims forms and more information interpreter has been approved by the court as a certified, at the California Courts Self-Help Center website registered, or provis

assistance, your trial, it may be necessary to reschedule your trial. You notify the court immediately. cannot bring your own interpreter for the trial unless the 7. Forms—You can get small claims forms and more information interpreter has been approved by the court as a certified, at the California Courts Self-Help Center website registered, or provisionally qualified interpreter. (See Cal. (www.courts.ca.gov/smallclaims), your county law library, or Rules of Court, rule 2.893, and form INT-140.) the courthouse nearest you. 3. Waiver of fees—The court charges fees for some of its 8. Small claims advisors—The law requires each county to procedures. Fees are also charged for serving the defendant provide assistance in small claims cases free of charge. with the claim. The court may excuse you from paying these (Small claims advisor information): fees if you cannot afford them. Ask the clerk for the Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO) to find out if you meet the requirements so that you do not have to pay the fees. 4. Night and Saturday court—If you cannot go to court during working hours, ask the clerk if the court has trials at night or on Saturdays. SC-100-INFO [Rev. January 1, 2024] INFORMATION FOR THE PLAINTIFF Page 2 of 2 (Small Claims) For your protection and privacy, please press the Clear This Form button after you have printed the form. Print this form Save this form Clear this form

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE www.occourts.org

SMALL CLAIMS INFORMATION HOW TO NAME A BUSINESS

HOW TO CORRECTLY NAME THE BUSINESS YOU ARE SUING

If you sue a company, you need to know what kind of ownership it is. The most common types are sole proprietorships, partnerships, and corporations. The Sheriff will not serve your claim if you have not named the business correctly. The Sheriff will also not be able to collect your judgment if the business name is incomplete.

• Suing a business owned by 1 person: Write the owner's name and the business's name. Name the owner as an individual to have a better chance of collecting if you win.

For example, write: Sally Smith, individually and dba Continental Candies (In this example and others, “dba” stands for “doing business as.”)

• Suing a partnership: Name the partnership and the partners individually too.

For example: Jim Smith and John Jones, individually and dba Smith & Jones

• Suing a corporation: Write the exact legal name of the corporation.

For example: Sally's Dresses Inc., a corporation.

• Suing a business owned by a corporation: Write the name of the corporation and the business.

For example: Lotus Corporation, individually and dba The Flower Company

How to Correctly File a Claim Using a Business Name

If you are suing using a business name, you must list the full name of the business as set forth above. If you are doing business under a fictitious name, you must fill out, sign and file a form called Fictitious Business Name Declaration (SC103) http://www.courts.ca.gov/documents/sc103.pdf when filing your claim. You must follow the laws for fictitious business names. If you have not, the court can dismiss your case.

How to Research a Business Name

There are several ways to search for the full name of a business.

• Fictitious Business Name Statement
If a business is doing business under a fictitious name, the business is required to file a Fictitious
Business Name Statement with the County Recorder where the business is located. The
statement can help you determine the full legal name of the business. Here is the information for
the Orange County Recorder:

Information (Rev. August 2023)L‐0672

o There is no charge to do the search yourself in the Clerk-Recorder's office. Most searches can be completed in about 15 minutes. o The search can also be conducted online free of charge at: https://cr.ocgov.com/FBNOnlineNet/ o By mail: you may order a copy of the filing for an additional fee of $0.15 per copy or $1.15 per certified copy. If your search is for name availability only, it is not necessary to order a copy. When writing to request a search, please list the name or names you wish to have searched. There is a fee of $7.00 for each name if you want the search completed for you. Include a self-addressed stamped envelope, along with the appropriate fees, and mail to: Orange County Clerk-Recorder Attn: Fictitious Business Name Statements 12 Civic Center Plaza, Room 106 Santa Ana, CA 92701 Please make checks payable to: Orange County Clerk-Recorder.

• City Business License
You can also check with the city where the business is located. Most cities require a business
license. You can review the license for information on the full name of the business. You can
find information for most of the cities in Orange County at:
o Online: http://www.ocgov.com/business/permits/business.
o In person: you may go to the City Hall where the business is located.
o By phone: some cities will give you information over the phone regarding the full name of
the business listed on the license. Look up the business license office in the city where
the business is located.

• Secretary of State
You can look to see if the business is a corporation, limited partnership, or limited liability
company (LLC), by checking with the California Secretary of State:
o Online: https://bizfileonline.sos.ca.gov/search/business
• California Department of Consumer Affairs
If the business is required to be licensed by the state, for example a contractor, auto repair, real
estate company, or locksmith, you can find out the full name of the business by checking the
California Department of Consumer Affairs:
o Online: https://search.dca.ca.gov/
• Other Ways
o You might have documents, a check, or other papers in your possession which listed the
full name of the business.
o You can also research the business name on the web.

Information (Rev. August 2023)L‐0672

To serve a public entity, see page 2. SC-104C How to Serve a Business or Public Entity (Small Claims)

You must serve the right person and write the exact name of the business and the person to be served. Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, form SC-104.

Business Type: Sole Partnership Landlord Corporation, Limited Liability Company (LLC), Unknown Proprietorship Association Limited Liability Partnership (LLP), Business Type (Only 1 owner) Limited Partnership (LP) Serve: The owner If you are suing a The property owner or Agent for service listed with Agent for service listed with Someone who partnership, serve one manager (Read Civil Secretary of State or any Secretary of State seems to be in of the partners. Code sections 1962– corporate officer (president, charge of the 1962.7.) vice-president, secretary, To serve a limited partnership, you business during If you are suing a treasurer), chief executive can also serve the general partner. normal business partnership and the officer (CEO), controller, chief hours partners, serve each financial officer, or general partner. manager

Write on your • Business name • Partnership name • Business name (if • Corporation name • Company or partnership name • Business name,
Proof of • Owner's name and • Name of partner, there is one) • Name of corporate officer • Name of agent or partner for form unknown
Service form: job title general manager, or • Owner's name or agent for service and job service and job title • Owner's name
agent for service and and job title title and job title (if
job title you know it)

Check that you • County Clerk–Recorder's or County Tax County Tax Collector Search under Corporation, LP and LLC at the California Secretary Try the other have the exact Assessor's Office (Ask to see the fictitious of State website: bizfileonline.sos.ca.gov/search/business resources listed on names of the business name statement.) Your county's Or call:1-916-657-5448 this page to see if owner and Web site may have this information. OR they know more business with: Check: www.counties.org. County Clerk–Recorder's Office: (Ask to see the fictitious business about the name statement.) Your county's website may have this information. business's • City Clerk's Office (Ask to see the OR organization type, business license.) Your city's website may City Clerk's Office: (Ask to see the business license.) Your city's like corporation or have this information. website may have this information. sole proprietorship.

Need help?
For free help, contact your county’s Small Claims Advisor:? [space for local info here]

Or go to selfhelp.courts.ca.gov/small-claims-advisor.

Judicial Council of California, courts.ca.gov How to Serve a Business or Public Entity SC-104C, Page 1 of 2Revised July 1, 2025 (Small Claims)

To serve a business, see page 1. SC-104C How to Serve a Business or Public Entity (Small Claims)

You must serve the right person and write the exact name of the public agency and the person to be served. Use this form to make sure you serve correctly, and follow the instructions on Proof of Service, form SC-104.

City, County, or Public Entity State of California, Federal Agency
State Agency

Serve: City or county clerk, chief officer or director of public agency, Use this general address for service: You cannot sue a federal agency
or agent authorized to accept service Office of the Attorney General in small claims court.
1300 I Street
Sacramento, CA 95814

Exception: if your claim involves California Department of
Transportation (Caltrans), serve it at:
California Department of Transportation
1120 N Street
Sacramento, CA 95814
Important! Note:
Before you sue, you must first file a claim with the public Before you sue, you must first file a claim with the state or
entity. Contact it and ask for the claim procedures. the state agency. To file a claim, see:
www.dgs.ca.gov/ORIM/File-A-Claim
or call: 1-800-955-0045
Write on your • Name of city, county, or public entity • Name of the agency you are suing
Proof of • Name of city clerk, county clerk, chief officer, or agent for • Name of agent for service
Service form: service and job title

Check that you Call the city or county clerk. See the government pages of Call the agency to confirm the name and address for have the exact your phone book. service. Use the State Directory: names of the 1-800-807-6755 owner and Or search under the California Roster at the California Or search www.ca.gov/departments/list/ business with: Secretary of State website: www.sos.ca.gov/administration/california-roster/

Need help?
For free help, contact your county’s Small Claims Advisor:? [space for local info here]

Or go to selfhelp.courts.ca.gov/small-claims-advisor.

Revised July 1, 2025 How to Serve a Business or Public Entity SC-104C, Page 2 of 2 (Small Claims)

Court Designation List (Effective June 30, 2025) The Presiding Judge has designated cases to be heard and tried according to the following matrix below. In order to expedite the processing of your case documents please file them at the assigned justice center. (Local Rule 365) Limited Civil, Unlimited Civil cases will heard/tried at the Central Justice Center (CJC). Complex Civil cases will be heard/tried at the Complex Center (CXC). Probate, Mental Health and Elder Abuse and Dependent Adult Abuse Restraining Orders cases will be heard/tried at the Costa Mesa Justice Complex (CMJC). Small Claims cases will be heard/tried at the Central Justice Center (CJC). All Filings for Small Claim cases will be processed at the Central Justice Center. Unlawful Detainer (i.e., landlord-tenant) and Civil Harassment cases will heard/tried at the Central Justice Center (CJC). Juvenile Delinquency, Dependency, Family Law, Domestic Violence will be heard/tried at the Lamoreaux Justice Center (LJC). Criminal cases will be filed according to the matrix below. Unless otherwise designated by the Court, misdemeanor cases will be tried as designated below. Felony trials will be assigned based on availability of open trial courtrooms at any of the justice centers. Traffic cases will be filed and trials heard according to the matrix below. Traffic case payments or other inquiries may be handled at any of the justice centers with a Criminal/Traffic Clerk’s Office.

Aliso Viejo CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Anaheim CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Brea CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Buena Park CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Costa Mesa CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Cypress CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Dana Point CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Fountain Valley CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Fullerton CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Garden Grove CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Huntington Beach CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Irvine CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC La Habra CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC La Palma CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Laguna Beach CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Laguna Hills CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Laguna Niguel CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Laguna Woods CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Lake Forest CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Los Alamitos CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Mission Viejo CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Newport Beach CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Orange CJC CJC CMJC CMJC CJC CJC LJC LJC CJC CJC Placentia CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC Rancho Santa Margarita CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC San Clemente CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC San Juan Capistrano CJC CJC CMJC CMJC CJC CJC LJC LJC HJC HJC Santa Ana CJC CJC CMJC CMJC CJC CJC LJC LJC CJC CJC Seal Beach CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Stanton CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Tustin CJC CJC CMJC CMJC CJC CJC LJC LJC CJC CJC Villa Park CJC CJC CMJC CMJC CJC CJC LJC LJC CJC CJC Westminster CJC CJC CMJC CMJC CJC CJC LJC LJC WJC WJC Yorba Linda CJC CJC CMJC CMJC CJC CJC LJC LJC NJC NJC

CJC - Central Justice Center: 700 Civic Center Drive, Santa Ana 92701; CXC/Civil Complex Center: 751 W. Santa Ana Blvd., Santa Ana, CA 92701 Costa Mesa Justice Complex: 3390 Harbor Boulevard, Costa Mesa, CA 92626; HJC - Harbor Justice Center: 4601 Jamboree Road, Newport Beach, CA 92660; LJC - Lamoreaux Justice Center: 341 The City Drive, Orange, CA 92870; NJC - North Justice Center: 1275 North Berkeley, Fullerton, CA 92838; WJC - West Justice Center: 8141 13th Street, Westminster, CA 92683 *Civil and Probate actions must be eFiled. http://www.occourts.org/online-services/efiling/. ** For filing Juvenile citations, Law Enforcement should refer to the Superior Court of Orange County Juvenile Violation Filing Guidelines. Rev. 06/30/2025

Plaintiff's Claim and ORDER Clerk stamps date here when form is filed. SC-100 to Go to Small Claims Court

Notice to the person being sued: You are the defendant if your name is listed in 2 on page 2 of this form or on form SC-100A. The person suing you is the plaintiff, listed in 1 on page 2. You and the plaintiff must go to court on the trial date listed below. If you do not go to court, you may lose the case. If you lose, the court can order that your wages, money, or property be taken to pay this claim. Bring witnesses, receipts, and any evidence you need to prove your case. Fill in court name and street address: Read this form and all pages attached to understand the claim against you Superior Court of California, County of and to protect your rights. Aviso al Demandado: Usted es el Demandado si su nombre figura en 2 de la página 2 de este formulario, o en el formulario SC-100A. La persona que lo demanda es el Demandante, la que figura en 1 de la página 2. Usted y el Demandante tienen que presentarse en la corte en la fecha del Court fills in case number when form is filed. juicio indicada a continuación. Si no se presenta, puede perder el caso. Si Case Number: pierde el caso, la corte podría ordenar que le quiten de su sueldo, dinero u otros bienes para pagar este reclamo. Case Name: Lleve testigos, recibos y cualquier otra prueba que necesite para probar su caso. Lea este formulario y todas las páginas adjuntas para entender la demanda en su contra y para proteger sus derechos.

Order to Go to Court

The people in 1 and 2 must attend court: (Clerk fills out section below.)

Date Time Department Name and address of court, if different from above Trial
1. Date
2.

3.
Date: Clerk, by , Deputy

Instructions for the person suing: You are the plaintiff. The person you are suing is the defendant. Before you fill out this form, read form SC-100-INFO, Information for the Plaintiff, to know your rights. You can get form SC-100-INFO at any courthouse or county law library, or go to courts.ca.gov/rules-forms/find-your-court-forms. Fill out pages 2, 3, and 4 of this form. Make copies of all the pages of this form and any attachments—one for each party named in this case and an extra copy for yourself. Take or mail the original and the copies to the court clerk’s office and pay the filing fee. The clerk will write the date of your trial in the box above. Your court may allow electronic filing. Check your local court website for information: courts.ca.gov/find-my-court.htm. You must have someone at least 18—not you or anyone else listed in this case—give each defendant a court-stamped copy of all pages of this form and any pages this form tells you to attach. There are special rules for “serving,” or delivering, this form to public entities, associations, and some businesses. See forms SC-104, SC-104B, and SC-104C. Go to court on your trial date listed above. Bring witnesses, receipts, and any evidence you need to prove your case.

Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Mandatory Form Plaintiff's Claim and ORDER SC-100, Page 1 of 6 Code Civ. Proc., §§ 116.110 et seq., to Go to Small Claims Court116.220(c), 116.340(g)

Plaintiff (list names): Case Number:

1 The plaintiff (the person, business, or public entity that is suing) is: Name: Phone: Street address: Street City State Zip Mailing address (if different): Street City State Zip Email address (if available): If more than one plaintiff, list next plaintiff here: Name: Phone: Street address: Street City State Zip Mailing address (if different): Street City State Zip Email address (if available): Check here if more than two plaintiffs and attach form SC-100A. Check here if either plaintiff listed above is doing business under a fictitious name and attach form SC-103. Check here if any plaintiff is a “licensee” or “deferred deposit originator” (payday lender) under Financial Code sections 23000 et seq.

2 The defendant (the person, business, or public entity being sued) is: Name: Phone: Street address: Street City State Zip Mailing address (if different): Street City State Zip If the defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process here: Name: Job title, if known: Address: Street City State Zip Check here if your case is against more than one defendant and attach form SC-100A. Check here if any defendant is on active military duty and write defendant’s name here:

3 The plaintiff claims the defendant owes $ . (Explain below and on next page.) a. Why does the defendant owe the plaintiff money?

Rev. January 1, 2026 Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-100, Page 2 of 6

Plaintiff (list names): Case Number:

3 b. When did this happen? (Date): If no specific date, give the time period: Date started: Through: c. How did you calculate the money owed to you? (Do not include court costs or fees for service.)

Check here if you need more space. Attach one sheet of paper or form MC-031 and write “SC-100, Item 3” at the top.

4 You must ask the defendant (in person, in writing, or by phone) to pay you before you sue. If your claim is for possession of property, you must ask the defendant to give you the property. Have you done this? Yes No If no, explain why not:

5 Why are you filing your claim at this courthouse? This courthouse covers the area (check the one that applies): a. (1) Where the defendant lives or does business. (4) Where a contract (written or spoken) was made, (2) Where the plaintiff’s property was damaged. signed, performed, or broken by the defendant or (3) Where the plaintiff was injured. where the defendant lived or did business when the defendant made the contract. b. Where the buyer or lessee signed the contract, lives now, or lived when the contract was made, if this claim, is about an offer or contract for personal, family, or household goods, services, or loans. (Code Civ. Proc., § 395(b).) c. Where the buyer signed the contract, lives now, or lived when the contract was made, if this claim is about a retail installment contract (like a credit card). (Civ. Code, § 1812.10.) d. Where the buyer signed the contract, lives now, or lived when the contract was made, or where the vehicle is permanently garaged, if this claim is about a vehicle finance sale. (Civ. Code, § 2984.4.) e. Other (specify):

6 List the zip code of the place checked in 5 above (if you know):

7 Is your claim about an attorney-client fee dispute? Yes No If yes, and if you have had arbitration, fill out form SC-101, attach it to this form, and check here:

8 Are you suing a public entity? Yes No If yes, you must file a written claim with the entity first. A claim was filed on (date): If the public entity denies your claim or does not answer within the time allowed by law, you can file this form.

Rev. January 1, 2026 Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-100, Page 3 of 6

Plaintiff (list names): Case Number:

9 Have you filed more than 12 other small claims within the last 12 months in California? Yes No If yes, the filing fee for this case will be higher.

10 Is your claim for more than $2,500? Yes No If you answer yes, you also confirm that you have not filed, and you understand that you may not file, more than two small claims cases for more than $2,500 in California during this calendar year.

11 I understand that by filing a claim in small claims court, I have no right to appeal this claim.

I declare under penalty of perjury under the laws of the State of California that the information above and on any attachments to this form is true and correct.

Date:

Plaintiff types or prints name here Plaintiff signs here

Date:

Second plaintiff types or prints name here Second plaintiff signs here

Requests for Accommodations

Assistive listening systems, computer-assisted real-time captioning, or sign language interpreter
services are available if you ask at least five days before the trial. For these and other accommodations,
contact the clerk’s office for form MC-410, Disability Accommodation Request. (Civ. Code, § 54.8.)

Rev. January 1, 2026 Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-100, Page 4 of 6

SC-100 Information for the defendant (the person being sued)

“Small claims court” is a special court where claims for Prove this is the wrong court. Send a letter to the court $12,500 or less are decided. Individuals, including “natural before your trial explaining why you think this is the wrong court. persons” and sole proprietors, may claim up to $12,500. Ask the court to dismiss the claim. You must serve (give) a copy Corporations, partnerships, public entities, and other businesses of your letter (by mail or in person) to all parties. (Your letter to are limited to claims of $6,250. (See below for exceptions.*) The the court must say you have done so.) process is quick and cheap. The rules are simple and informal. Go to the trial and try to win your case. Bring You are the defendant—the person being sued. The person who is witnesses, receipts, and any evidence you need to prove your suing you is the plaintiff. case. To have the court order a witness to go to the trial, fill out Do I need a lawyer? You may talk to a lawyer before or after form SC-107, Small Claims Subpoena and Declaration, and the case. But you may not have a lawyer represent you in court have it served on the witness. (unless this is an appeal from a small claims case). Sue the person who is suing you. If you have a claim How do I get ready for court? You don’t have to file any against the plaintiff, and the claim is appropriate for small claims papers before your trial, unless you think this is the wrong court for court as described on this form, you may file Defendant's Claim your case. But bring to your trial any witnesses, receipts, and (form SC-120) and bring the claim in this action. If your claim is evidence that support your case. And read “How to prepare for for more than allowed in small claims court, you may still file it in your trial (court date)” at selfhelp.courts.ca.gov/small-claims/trial. small claims court if you give up the amount over the small What if I need an accommodation? If you have a claims value amount, or you may file a claim for the full value of disability or are hearing impaired, fill out form MC-410, Disability the claim in the appropriate court. If your claim is for more than Accommodation Request. Give the form to your court clerk or the allowed in small claims court and relates to the same contract, ADA/Access Coordinator. transaction, matter, or event that is the subject of the plaintiff's What if I don’t speak English well? Ask the court clerk claim, you may file your claim in the appropriate court and file a motion to transfer the plaintiff's claim to that court to resolveas soon as possible for a court-provided interpreter. You may use both matters together. You can see a description of the amountsform INT-300, Request for Interpreter (Civil) or a local court form allowed in the paragraph above, titled “Small Claims Court.”to request an interpreter. If a court interpreter is unavailable for your trial, it may be necessary to reschedule your trial. You cannot Agree with the plaintiff's claim and pay the bring your own interpreter for the trial unless the interpreter has money. Or, if you can’t pay the money now, go to your trial been approved by the court as a certified, registered, or and say you want to make payments. provisionally qualified interpreter. (See Cal. Rules of Court, rule 2.893, and form INT-140.) Let the case “default.” If you don’t settle and do not go to Where can I get the court forms I need? Go to any the trial (default), the judge may give the plaintiff what he or she courthouse or your county law library, or print forms at is asking for plus court costs. If this happens, the plaintiff can selfhelp.courts.ca.gov/small-claims-forms. legally take your money, wages, and property to pay the judgment. What happens at the trial? The judge will listen to both What if I need more time? sides. The judge may make a decision at your trial or mail the You can change the trial date if: decision to you later. You cannot go to court on the scheduled date (you will have to What if I lose the case? If you lose, you may appeal. You’ll pay a fee to postpone the trial), or have to pay a fee. (Plaintiffs cannot appeal their own claims.) You did not get served (receive this order to go to court) at least If you were at the trial, file form SC-140, Notice of Appeal. You 15 days before the trial (or 20 days if you live outside the must file within 30 days after the clerk hands or mails you the county). judge's decision (judgment) on form SC-200 or form SC-130, Ask the Small Claims Clerk about the rules and fees for Notice of Entry of Judgment. postponing a trial. Or fill out form SC-150 (or write a letter) and If you were not at the trial, fill out and file form SC-135, Notice of mail it to t

ys after the clerk hands or mails you the county). judge's decision (judgment) on form SC-200 or form SC-130, Ask the Small Claims Clerk about the rules and fees for Notice of Entry of Judgment. postponing a trial. Or fill out form SC-150 (or write a letter) and If you were not at the trial, fill out and file form SC-135, Notice of mail it to the court and to all other people listed on your court Motion to Vacate Judgment and Declaration, to ask the judge to papers before the deadline. Enclose a check for your court fees, cancel the judgment (decision). If the judge does not give you a unless a fee waiver was granted. new trial, you have 10 days to appeal the decision. File form SC-140. Need help? Your county’s Small Claims Advisor can help for free.For more information on appeals, see selfhelp.courts.ca.gov/small- ? claims/after-trial/small-claims-appeals. Do I have options? Yes. If you are being sued you can: Settle your case before the trial. If you and the plaintiff agree on how to settle the case before the trial, the plaintiff must file form CIV-110, Request for Dismissal or a Or go to selfhelp.courts.ca.gov/small-claims-advisor. written and signed settlement agreement with the clerk. Ask the Small Claims Advisor for help. * Exceptions: Different limits apply in an action against a defendant who is a guarantor. (See Code Civ. Proc., § 116.220(c).)

Rev. January 1, 2026 Plaintiff’s Claim and ORDER to Go to Small Claims Court SC-100, Page 5 of 6

SC-100 Información para el demandado (la persona demandada)

La “Corte de reclamos menores” es una corte especial donde se Probar que es la corte equivocada. Envíe una carta a la corte deciden casos por $12,500 o menos. Los individuos, o sea las antes del juicio explicando por qué cree que es la corte “personas físicas” y los propietarios por cuenta propia, pueden equivocada. Pídale a la corte que despida el reclamo.Tiene que reclamar hasta $12,500. Las corporaciones, asociaciones, entidades entregar (dar) una copia de su carta (por correo o en persona) a públicas y otras empresas solo pueden reclamar hasta $6,250. (Vea todas las partes. (Su carta a la corte tiene que decir que hizo la abajo para las excepciones.*) El proceso es rápido y económico. Las entrega.) reglas son sencillas e informales. Usted es el Demandado—la Ir al juicio y tratar de ganar el caso. Lleve testigos, recibos y persona que se está demandando. La persona que lo está cualquier prueba que necesite para probar su caso. Si desea que demandando es el Demandante. la corte emita una orden de comparecencia para que los testigos ¿Necesito un abogado? Puede hablar con un abogado antes o vayan al juicio, llene el formulario SC-107, Citatorio de reclamos después del caso. Pero no puede tener a un abogado que lo menores (Small Claims Subpoena) y entrégueselo legalmente al represente ante la corte (a menos que se trate de una apelación de un testigo. caso de reclamos menores). Demandar a la persona que lo demandó. Si tiene un reclamo ¿Cómo me preparo para ir a la corte? No tiene que presentar contra el Demandante, y el reclamo se puede presentar en la ningún documento antes del juicio, a menos que piense que ésta es la corte de reclamos menores, tal como se describe en este corte equivocada para su caso. Pero lleve al juicio cualquier testigos, formulario, puede presentar el formulario SC-120, Reclamo del recibos y pruebas que apoyan su caso. Y lea “Cómo prepararse para demandado (Defendant’s Claim) y presentarlo en este mismo su juicio” en selfhelp.courts.ca.gov/es/reclamos-menores/juicio. caso. Si su reclamo excede el límite permitido en la corte de ¿Qué hago si necesito una modificación? Si tiene una reclamos menores, puede igualmente presentarlo en la corte de discapacidad o tiene impedimentos de audición, llene el formulario reclamos menores si está dispuesto a limitar su reclamo al MC-410, Solicitud de modificaciones para discapacidad. Entregue el máximo permitido, o puede presentar un reclamo por el monto formulario al secretario de la corte o al Coordinador de Acceso/ADA total en la corte apropiada. Si su reclamo excede el límite de su corte. permitido en la corte de reclamos menores y está relacionado con ¿Qué pasa si no hablo bien inglés? Solicite un intérprete al el mismo contrato, transacción, asunto o acontecimiento que el secretario de la corte lo más pronto posible. Puede usar el formulario reclamo del Demandante, puede presentar su reclamo en la corte INT-300 o un formulario de su corte local. Si no está disponible un apropiada y presentar una moción para transferir el reclamo del intérprete de la corte para su juicio, es posible que se tenga que Demandante a dicha corte, para poder resolver los dos reclamos cambiar la fecha de su juicio. No puede llevar su propio intérprete juntos. Puede ver una descripción de los montos permitidos en el para el juicio a menos que el intérprete haya sido aprobado por la párrafo anterior titulado “Corte de reclamos menores”. corte como un intérprete certificado, registrado, o provisionalmente Aceptar el reclamo del Demandante y pagar el dinero. O, si no calificado. (Vea la regla 2.893 de las Reglas de la Corte de California, puede pagar en ese momento, vaya al juicio y diga que quiere y el formulario INT-140.) hacer los pagos a plazos. ¿Dónde puedo obtener los formularios de la corte que necesito? No ir al juicio y aceptar el fallo por falta de comparecencia. Si Vaya a cualquier edificio de la corte, la biblioteca legal de su condado, no llega a un acuerdo con el Demandante y no va al juicio (fallo o imprima los formularios en selfhelp.courts.ca.gov/es/formularios-de- por falta de comparecencia), el juez le puede otorgar al reclamos-menores. Demandante lo que está reclamando más los costos de la corte. En ese caso, el Demandante legalmente puede tomar su dinero,¿Qué pasa en el juicio? El juez escuchará a ambas partes. El juez su sueldo o sus bienes para cobrar el fallo.puede tomar su decisión durante la audiencia o enviársela por correo después. ¿Qué hago si necesito más tiempo? Puede cambiar la fecha del juicio si:¿Qué pasa si pierdo el caso? Si pierde, puede apelar. Tendrá que No puede ir a la corte en la fecha programada (tendrá que pagarpagar una cuota. (El Demandante no puede apelar su propio reclamo.) una cuota para aplazar el juicio), o Si estuvo presente en el juicio, llene el formulario SC-140, Aviso de No le entregaron los documentos legalmente (no recibió la orden apelación (Notice of Appeal). Tiene que presentarlo dentro de 30 para

una cuota para aplazar el juicio), o

Si estuvo presente en el juicio, llene el formulario SC-140, Aviso de No le entregaron los documentos legalmente (no recibió la orden apelación (Notice of Appeal). Tiene que presentarlo dentro de 30 para ir a la corte) por lo menos 15 días antes del juicio (ó 20 días días después de que el secretario le entregue o envíe la decisión si vive fuera del condado). (fallo) del juez en el formulario SC-200 o SC-130, Aviso de Pregúntele al secretario de reclamos menores sobre las reglas y las publicación del fallo (Notice of Entry of Judgment). cuotas para aplazar un juicio. O llene el formulario SC-150 (o escriba Si no estuvo en el juicio, llene y presente el formulario SC-135, una carta) y envíelo antes del plazo a la corte y a todas las otras Aviso de petición para anular el fallo y Declaración para pedirle al personas que figuran en sus papeles de la corte. Adjunte un cheque juez que anule el fallo (decisión). Si la corte no le otorga un nuevo para pagar los costos de la corte, a menos que le hayan dado una juicio, tiene 10 días para apelar la decisión. Presente el formulario exención. SC-140. ¿Necesita ayuda? El Asesor de Reclamos Menores de su Para obtener más información sobre las apelaciones, vea ? condado le puede ayudar sin cargo. selfhelp.courts.ca.gov/es/reclamos-menores/despues-del-juicio/ apelaciones-de-reclamos-menores. ¿Tengo otras opciones? Sí. Si lo están demandando, puede: Resolver su caso antes del juicio. Si usted y el Demandante se ponen de acuerdo en cómo resolver el caso antes del juicio, el O visite selfhelp.courts.ca.gov/es/asesor-de-reclamos-menores. Demandante tiene que presentar el formulario CIV-110 Solicitud de desestimación (Request for Dismissal) o un acuerdo de resolución * Excepciones: Existen diferentes límites en un reclamo contra un garante. (Vea el Código de escrito y firmado al secretario de la corte. Pídale al Asesor de Procedimiento Civil, sección 116.220 (c).) Reclamos Menores que lo ayude.

Rev. January 1, 2026 Reclamo del Demandante y ORDEN Para Ir a la Corte de SC-100, Page 6 of 6 Reclamos Menores

Case Number: SC-100A Other Plaintiffs or Defendants

This form is attached to form SC-100, item 1 or 2.

1 If more than two plaintiffs (person, business, or entity suing), list their information below: Other plaintiff’s name: Street address: Phone: City: State: Zip: Mailing address (if different): City: State: Zip: Is this plaintiff doing business under a fictitious name? Yes No If yes, attach form SC-103. Other plaintiff’s name: Street address: Phone: City: State: Zip: Mailing address (if different): City: State: Zip: Is this plaintiff doing business under a fictitious name? Yes No If yes, attach form SC-103. Check here if more than 4 plaintiffs and fill out and attach another form SC-100A. 2 If more than one defendant (person, business, or entity being sued), list their information below: Other defendant’s name: Street address: Phone: City: State: Zip: Mailing address (if different): City: State: Zip: If this defendant is a corporation, limited liability company, or public entity, list the person or agent authorized for service of process: Name: Job title, if known: Address: City: State: Zip: Check here if your case is against more than two defendants, and fill out and attach another form SC-100A. 3 Is your claim for more than $2,500? Yes No If yes, I have not filed, and understand that I cannot file, more than two small claims cases for more than $2,500 in California during this calendar year. 4 I understand that by filing a claim in small claims court, I have no right to appeal this claim. I declare under penalty of perjury under California state law that the information above and on any attachments to this form is true and correct. Date:

Type or print your name Sign your name Date:

Type or print your name Sign your name

Judicial Council of California, www.courts.ca.gov Revised January 1, 2017, Mandatory Form Other Plaintiffs or Defendants SC-100A, Page __ of __ Code of Civil Procedure, § 116.110 et seq. (Attachment to Plaintiff's Claim and ORDER to Go to Small Claims Court)

SC-103 Fictitious Business Name Case Number:

This form is attached to: Form SC-100 Form SC-120

1 If you want to file a small claim and you are doing business under a fictitious name (“doing business as,” or “dba”) give the following information. (Nonprofits and exempt real estate investment trusts do not have to file this form.) Business name of the person suing: Business address (not a U.S. Postal Service P.O. Box): Mailing address (if different):

2 The business listed in 1 does business as (check ONLY one): an individual a corporation an association a limited liability company a partnership other (specify): You must follow the laws for fictitious business names. If you have not followed these laws, including filing a fictitious business name statement in your county and publishing this information in a local newspaper, the court can dismiss your case.

3 Name of county where you filed your Fictitious Business Name Statement (dba):

4 Your Fictitious Business Name Statement number:

5 Date your Fictitious Business Name Statement expires:

6 I declare under penalty of perjury under the laws of the State of California that the information above is true and correct. Only the owner, president, chief executive officer (CEO), or other qualified officer can sign this form.

Date:

Type or print your name and title Sign your name

Need help? ? Your county’s Small Claims Advisor can help for free.

Or go to selfhelp.courts.ca.gov/small-claims-advisor

Judicial Council of California, courts.ca.gov Rev. January 1, 2026, Optional Form Fictitious Business Name SC-103, Page 1 of 1 Code Civ. Proc., § 116.430 (Small Claims)Bus. & Prof. Code, § 17900 et seq.

SC-104B What Is “Proof of Service”?

What is “service”? How is personal service done? “Service” or “serving” is when someone—not you or Ask someone who is at least 18 and not listed in this anyone else listed in this case—gives a copy of your case to personally “serve” (give) a copy of your court court papers to the person, business, or public entity you papers to the person or the agent authorized to accept are suing. Service lets the other party know: court papers for the person, business, or public entity What you are asking for; listed on form SC-104. When and where the trial will be; and Give the server a separate Proof of Service form for each What the party can choose to do. person, business, or public entity you are suing. And tell the server to: There are strict rules for serving court papers. This form Walk up to the person to be served. explains how to serve these forms: Say, “These are court papers.” Form SC-100, Plaintiff’s Claim Give the person copies of all papers checked on form Form SC-120, Defendant’s Claim SC-104, Proof of Service. If the person won’t take the How is service done? papers, just leave them near the person. It doesn’t matter if the person tears them up.This form tells you how to serve by personal service or substituted service. Fill out and sign page 2 of form SC-104, Proof of Service. Personal service means someone gives the papers directly to the person being sued or to the agent How is substituted service done? authorized to accept service (business or public entity). If you don’t want to use personal service or can’t find the person to be served, ask someone who is at least 18Substituted service means someone gives the papers to and not listed in this case to serve the court papers.an adult where the person lives, works, or receives mail Give the server a separate Proof of Service form for each(including a private post office box, but not a U.S. Postal Service P.O. Box). person, business, or public entity you are suing. Tell the server to give the papers to: What if the court papers do not get served? A competent adult (at least 18) at the home of and living The judge cannot hear your case unless the court papers with the person to be served or were served correctly. An adult who seems to be in charge where the person to be served usually works orCan the court serve the papers for me? An adult who seems to be in charge where the person Yes. You can pay the court to mail your claim to the receives mail (including a private mailbox, but not a person you are suing. But if the person you are suing or U.S. Postal Service P.O. Box). Note: This is only for the person’s agent for service doesn’t sign the U.S. cases where the physical address of the person to be Postal Service mail receipt with his or her complete served is not known. name, or if someone else signs the receipt, you will have Then do the following:to serve again using personal or substituted service. Write down that person’s name and say, “Please give Who can serve? these court papers to [name of person to be served].” You can ask a friend, a process server, or the sheriff. If the person does not want to give his or her name, The server must be at least 18 and not listed in the case. describe the person you served. A “process server” is someone you pay to deliver court Give that person copies of all papers checked on form forms. Look in the Yellow Pages under “Process SC-104, Proof of Service. If the person won’t take the Serving.” The sheriff (or marshal if your county has papers, just leave them near the person. one) can also deliver court forms. Ask the court clerk Mail another copy of the papers (by first-class mail) how to contact the sheriff. Or look in the county section to the person being sued at the same address where you of your phone book under “Sheriff.” You must pay the left the papers. server, unless you qualify for a fee waiver. Fill out and sign page 2 of form SC-104, Proof of Service.

Judicial Council of California, courts.ca.gov What Is “Proof of Service”? SC-104B, Page 1 of 2Rev. January 1, 2026 (Small Claims)

SC-104B What Is “Proof of Service”?

What does the server do with the original For personal or substituted service, subtract 5 days from Proof of Service form? the trial date. That’s the deadline for serving your small claims forms if you were served at least 11 days before theIf a process server or sheriff served the papers, he or she trial. If you were served 10 days or less before the trialcan file form SC-104, Proof of Service, with the clerk. date, you must serve at least 1 day before the trial. But youIf the server used a different Proof of Service form, ask can serve the forms before the deadline.him or her to list each paper served on the form. Also make sure that the registered server will file the original What if I can’t get the court papers served directly with the court and will mail you a copy of the before the trial? filed form. Take it with you when you go to court. If you were not able to serve your claim (form SC-100 or If a friend served the papers, tell him or her to give the SC-120) before the deadline for service, talk to your Small completed form back to you. Keep a copy for your records Claims Clerk. Each county has its own rules. and take the copy with you when you go to court. If you already served your claim on some parties but not everyone you are suing, you may need to fill out and fileYou need to file the original completed Proof of Service form SC-150, Request to Postpone Trial, at least 10 daysform 5 days before your trial. before the trial date (or explain why you couldn’t meet the When do the court forms have to be served? 10-day deadline). Then give or mail a copy of this form to If you are serving form SC-100, Plaintiff’s Claim, all other plaintiffs and defendants listed on your court look at the trial date on page 1. Then, look at a papers. calendar. The court may postpone your trial for 15 days or more. For personal service, subtract 15 days from the trial date Who do I have to serve? (or 20 days if the person, business, or public entity is located outside the county). That’s the deadline for If you are suing a person (or people)—not a business or serving your small claims forms. But you can serve the public entity—serve each person you are suing. For forms before the deadline. example, if you were in a car accident and you are suing the owner and the driver of the car, you must list the names of the owner and the driver on your claim and The people in 1 and 2 must go to court serve both people. Examples: Date Time Trial If the owner and driver are the same person: Date 1. Lee Smith, owner and driver

If the owner and driver are not the same person:

Lee Smith, driver

Bob Smith, owner

For substituted service, subtract 25 days from the date If you are suing a business, an association, or a public the server mailed a copy of the court papers served (or entity, read form SC-104C, How to Serve a Business. 30 days if the person, business, or public entity is located outside the county). That’s the deadline for serving your small claims forms. But you can serve the Need help? forms before the deadline. ? Your county’s Small Claims Advisor can help If the person, business, or public entity to be served is for free. outside California or if you are serving a different form, ask the Small Claims Advisor for more information. If you are serving form SC-120, Defendant’s Claim, look at the trial date on page 1. Then look at a calendar. Or go to selfhelp.courts.ca.gov/small-claims-advisor.

Rev. January 1, 2026 What Is “Proof of Service”? SC-104B, Page 2 of 2 (Small Claims)

SC-104 Proof of Service Clerk stamps date here when form is filed.

Use this form to serve a person, a business, or a public entity. To learn more about proof of service, read What Is "Proof of Service"?, Form SC-104B. To learn more about how to serve a business or entity, read How to Serve a Business or Public Entity, Form SC-104C. To serve a business, you must serve one of the following people: l Owner (for a sole proprietorship) l Partner (for a partnership) or general partner (for a limited partnership) l Any officer or general manager (corporation or association) l Fill in court name and street address: Any person authorized for service by the business (corporation, association, Superior Court of California, County of general partnership, limited partnership) ORANGE l Any person authorized for service with the Secretary of State (corporation, association, limited liability company [LLC], limited liability partnership [LLP], limited partnership) To serve a public entity, you must first file a claim with that entity, then serve one of the following people: Fill in case number, case name, hearing date, l Clerk (of a city or county) day, time, and department below: l Chief officer or director (of a public agency) Case Number: l Any person authorized for service by the entity 1 a. If you are serving a person, write the person’s name below: Case Name:

b. If you are serving a business or entity, write the name of the business
or entity, the person authorized for service, and that person’s job title: Hearing Date:

Business or Agency Name Time: Dept.:

Person Authorized for Service Job Title

2 Instructions to Server: You must be at least 18 years old and not be named in this case. Follow these steps: l Give a copy of all the documents checked in 3 to the person in 1 , or l Give a copy of all the documents checked in 3 to one of the following people: a. A competent adult (at least 18) living with, and at the home of the person in 1 , or

b. An adult (at least 18) who seems to be in charge at the usual workplace of the person in 1 , or

c. An adult (at least 18) who seems to be in charge where the person in 1 usually receives mail (but not a U.S. Post Office box), if there is no known physical address for the person in 1 . and mail a copy of the documents left with one of the adults in a, b, or c above to the person in 1 . THEN l Complete and sign this form, and l Give or mail your completed form to the person who asked you to serve these court papers, in time for the form to be filed with the court at least 5 days before the hearing. 3 I served the person in 1 a copy of the documents checked below: a. SC-100, Plaintiff’s Claim and ORDER to Go to Small Claims Court b. SC-120, Defendant’s Claim and ORDER to Go to Small Claims Court c. Order for examination (This form must be personally served. Check the form that was served): Note: The court can issue a civil arrest warrant if the served party does not come to court only if the order for examination was personally served by a registered process server, sheriff, marshal, or someone appointed by the court. (1) SC-134, Application and Order to Produce Statement of Assets and to Appear for Examination (2) AT-138/EJ-125, Application and Order for Appearance and Examination d. Other (specify):

Judicial Council of California, www.courts.ca.gov Proof of Service SC-104, Page 1 of 2Revised January 1, 2009, Optional Form Code of Civil Procedure, §§ 116.340, 415.10, 415.20 (Small Claims)

Case Number: Case name:

4 Fill out “a” or “b” below: a. Personal Service: I personally gave copies of the documents checked in 3 to the person in 1 On (date): At (time): a.m. p.m. At this address: City: State: Zip:

b. Substituted Service: I personally gave copies of the documents checked in 3 (a, b, or d) to (check one):
A competent adult (at least 18) at the home of, and living with the person in 1 , or
An adult who seems to be in charge where the person in 1 usually works, or
An adult who seems to be in charge where the person in 1 usually receives mail, or has a private
post office box (not a U.S. Post Office box), if there is no known physical address for the person in 1 .
I told that adult, "Please give these court papers to (name of person in 1 )."
I did this on (date): At (time): a.m. p.m.
At this address:
City: State: Zip:

Name or description of the person I gave the papers to:

After serving the court papers, I put copies of the documents listed in 3 in an envelope, sealed the envelope,
and put first-class prepaid postage on it. I addressed the envelope to the person in 1 at the address where I
left the copies.
I mailed the envelope on (date): from (city, state):
by leaving it (check one):
a. At a U.S. Postal Service mail drop, or
b. At an office or business mail drop where I know the mail is picked up every day and deposited with
the U.S. Postal Service, or
c. With someone else I asked to mail the documents to the person in 1 , and I have attached that person’ s
completed Form SC-104A.

5 Server ’s Information Name: Phone:

Address:
City: State: Zip:

Fee for service: $

If you are a registered process server:

County of registration: Registration number:

6 I declare under penalty of perjury under California state law that I am at least 18 years old and not named in this case and that the information above is true and correct. Date:

Type or print server ’s name Server signs here after serving

Revised January 1, 2009 Proof of Service SC-104, Page 2 of 2 (Small Claims)