(a) A plaintiff may commence an action in the small claims court by filing a claim under oath with the clerk of the small claims court in person, by mail, by facsimile transmission if authorized pursuant to Section 1010.5, or by electronic means as authorized by Section 1010.6.
§ 116.320.Commencement of action
Title 1. Organization and Jurisdiction · Chapter 5.5. Small Claims Court · Article 3. Actions · Last amended 2008 · Last verified July 28, 2026
In one sentenceSection 116.320 lets a plaintiff start a small claims action by filing a sworn claim in person, by mail, by authorized fax, or electronically, on a simple Judicial Council form that must disclose the claim’s basis and amount and warn the plaintiff that no attorney or appeal is allowed.
Full Text of § 116.320
(b) The claim form shall be a simple nontechnical form approved or adopted by the Judicial Council. The claim form shall set forth a place for (1) the name and address of the defendant, if known; (2) the amount and the basis of the claim; (3) that the plaintiff, where possible, has demanded payment and, in applicable cases, possession of the property; (4) that the defendant has failed or refused to pay, and, where applicable, has refused to surrender the property; and (5) that the plaintiff understands that the judgment on his or her claim will be conclusive and without a right of appeal.
(c) The form or accompanying instructions shall include information that the plaintiff (1) may not be represented by an attorney, (2) has no right of appeal, and (3) may ask the court to waive fees for filing and serving the claim on the ground that the plaintiff is unable to pay them, using the forms approved by the Judicial Council for that purpose.
Plain-English Summary
Section 116.320(a) lists how a small claims action gets started: filing a claim under oath with the small claims clerk, in person, by mail, by fax if authorized under § 1010.5, or electronically under § 1010.6. There is no separate complaint to draft — the claim itself is the pleading.
Subdivision (b) requires the Judicial Council’s form to stay simple and nontechnical, with a place for the defendant’s name and address (if known), the amount and basis of the claim, a statement that the plaintiff has demanded payment (and possession of property, where applicable), a statement that the defendant refused to pay or surrender the property, and an acknowledgment that the plaintiff understands the judgment will be conclusive and without a right of appeal.
Subdivision (c) makes sure the plaintiff sees the trade-offs before filing: the form or its instructions must tell the plaintiff that they may not be represented by an attorney, that they have no right of appeal, and that they may ask the court to waive filing and service fees for financial hardship, using the Judicial Council’s own fee waiver forms.
Frequently Asked Questions
How do I start a small claims case in California?
Section 116.320(a) lets a plaintiff commence an action by filing a sworn claim with the small claims clerk in person, by mail, by authorized fax, or electronically, using the Judicial Council’s claim form.
What has to be on the small claims claim form?
Section 116.320(b) requires the form to include the defendant’s name and address if known, the amount and basis of the claim, a statement that payment (and property, if applicable) was demanded and refused, and an acknowledgment that the judgment on the plaintiff’s own claim is final without a right of appeal.
Does the claim form warn me that I cannot appeal or have a lawyer?
Yes. Section 116.320(c) requires the form or its instructions to state that the plaintiff may not be represented by an attorney and has no right of appeal, along with information on requesting a fee waiver.
Can I get the filing fee waived if I cannot afford it?
Section 116.320(c)(3) directs the claim form or its instructions to explain that a plaintiff may ask the court to waive filing and service fees for inability to pay, using the Judicial Council’s approved fee waiver forms.
Amendment History
Added Stats 1990 ch 1305 § 3 (SB 2627). Amended Stats 1991 ch 915 § 7 (SB 771); Stats 2007 ch 738 § 4 (AB 1248), effective January 1, 2008.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
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