You’re staring at a stack of unpaid invoices or maybe a security deposit your old landlord in the Mission refuses to cough up. It’s frustrating. Most people think suing someone is like an episode of Law & Order, but the reality of small claims San Francisco is a lot more like waiting in line at the DMV, just with higher stakes and more paperwork.
Small claims court is basically "The People’s Court" but without the TV cameras and the snappy theme music. In San Francisco, specifically at the Civic Center Courthouse on McAllister Street, it’s where you go when someone owes you money and you’ve reached the end of your rope. You don't need a lawyer. In fact, you aren't even allowed to have one represent you in the courtroom during the actual hearing. It’s just you, the person you’re mad at, and a judge (or sometimes a temporary judge called a "pro tem").
The limit is $12,500 for individuals. If you’re a corporation or a LLC, that cap drops to $6,250.
But honestly? Just because you can sue doesn't always mean you should. There are filing fees, the headache of "serving" the papers, and the very real possibility that even if you win, the person you sued just... won't pay. Winning a judgment is not the same thing as having cash in your hand.
The Paperwork Gauntlet at 400 McAllister
Let’s talk about the logistics because this is where people usually trip up before they even see a judge. You have to file a form called the SC-100. It sounds simple. It isn't. If you misspell the name of the business you are suing, or if you sue "John Doe" instead of "John Doe, Inc.," your case could be tossed out faster than a sourdough starter in a heatwave.
The San Francisco Superior Court is picky. You’ll head to Room 103. If you’ve never been, it’s a grand building, but the basement level where the clerks live feels very "bureaucratic chic."
You have to pay a filing fee. It’s usually between $30 and $75 depending on how much you’re asking for. If you’re low-income, you can ask for a fee waiver, which is a separate mountain of paperwork (Form FW-001). Don't guess on your income. They check.
Once you have your court date, you have to "serve" the defendant. This is the part that feels like a spy movie but is actually quite annoying. You cannot hand the papers to the person yourself. You just can't. You have to find a "disinterested third party" over 18 or hire a professional process server. In San Francisco, hiring a professional usually costs about $60 to $100, but it’s often worth it because they provide a "Proof of Service" form that the court actually trusts.
Why You Might Want to Try Mediation First
San Francisco is big on mediation. The Bar Association of San Francisco offers a program called CIS (Community Institutional Service) or similar mediation tracks. Sometimes, the judge will literally ask you in the hallway on your court date, "Have you guys tried talking this out with a mediator?"
Mediation is great because it’s private. Court is public. If you’re a business owner in the Richmond district and you’re being sued, you might not want that judgment appearing on a public record for every future tenant or client to see.
Proving Your Case (The "Vibe" vs. The Evidence)
I’ve sat through enough small claims San Francisco sessions to see the same mistake over and over: people come in with a "vibe" instead of "evidence."
The judge has maybe 10 to 15 minutes to hear your case. They are tired. They have seen fifty cases just like yours this week. If you show up and say, "He’s a liar and he ruined my life," the judge is going to tune out. If you show up with a neatly organized binder containing three printed copies of every text message, the original contract, and photos with timestamps, you are already halfway to a win.
Evidence is everything.
- Photos: If it’s a security deposit dispute, did you take "before and after" photos?
- Estimates: If someone hit your car on Geary Blvd, do you have three different repair estimates or just one from your cousin’s shop?
- Communication: Print your emails. Do not try to show the judge your cracked iPhone screen and scroll through a thread from 2022. They won't look at it.
You need three sets of everything. One for you, one for the judge, and one for the person you are suing. It’s about being the most prepared person in the room.
The "Demand Letter" Requirement
Before you even step foot in the courthouse, California law requires you to demand payment. You can’t just sue someone out of the blue. You have to ask for the money first.
Write a formal letter. Send it via certified mail with a return receipt. Keep a copy. In the letter, say exactly how much you want and why. Give them a deadline—usually 10 to 14 days. If they don't pay, that letter becomes Exhibit A in your court case. It shows the judge you tried to be reasonable. Judges love reasonable people.
What Happens on the Big Day?
You’ll show up at 400 McAllister Street. You’ll go through security, which is like airport security but slightly more intense. Find your department number on the wall.
When your name is called, you go up to the tables. The plaintiff (the person suing) goes first. Keep it brief. "Your Honor, I hired Mr. Smith to fix my roof, I paid him $3,000, it still leaks, and here are the photos of the water damage."
🔗 Read more: Why Witness by Karen Hesse is Still the Most Unsettling Book in Your Middle School Library
Stop talking.
Wait for the judge to ask questions. The defendant will then get their turn to explain why they didn't do it or why it isn't their fault. Do not interrupt them. It is incredibly tempting to yell "That's a lie!" when they start talking. If you do that, the judge will see you as a "difficult" litigant. Just take notes on a legal pad and wait for your chance to rebuttal.
Most judges in San Francisco won't give you a decision right there. They’ll say "Submitted," which basically means they’re going to think about it and mail you the decision in a few weeks. It’s an anticlimactic end to a stressful day.
Collecting the Money: The Hard Part
Here is the dirty secret about small claims San Francisco: the court does not collect the money for you.
If you win a $5,000 judgment against a contractor who has no bank account and no assets, you have a very expensive piece of paper. If the defendant is "judgment proof"—meaning they have no job, no property, and no money—you might never see a dime.
However, if they have a job, you can get an "Earnings Withholding Order" to garnish their wages. If they have a bank account, you can get a "Bank Levy." Both of these require more forms and more fees, usually involving the San Francisco Sheriff's Department.
If the person you sued owns property in San Francisco, you can put a lien on that property. This means they can't sell or refinance their home without paying you first. It’s a long game, but it works.
Common Pitfalls to Avoid
- Suing the wrong person: Ensure you have the legal name. If it's a corporation, you must sue the corporation, not the manager.
- Statute of Limitations: You can't wait forever. For a broken oral contract, you generally have 2 years. For a written one, it’s 4 years. For personal injury, it’s usually 2 years.
- Missing your date: If you don't show up, your case is dismissed. If the defendant doesn't show up, you might get a "default judgment," which is an automatic win—but you still have to prove your damages to the judge first.
Actionable Next Steps
If you’re ready to move forward, don't just wing it. Start by organizing your "Paper Trail."
Step 1: Send the Demand Letter. Use USPS Certified Mail. This is your "last chance" warning to the other party.
Step 2: Visit the SF Court’s Self-Help Center. The San Francisco Superior Court has a Self-Help Center that provides specific resources for small claims. They can’t give legal advice, but they can tell you if you filled out the forms correctly.
Step 3: Draft your "Statement of Claim." Keep it to the facts. Dates, dollar amounts, and specific broken promises. Avoid emotional language.
Step 4: Prepare your Evidence Binder. Three copies. Tabbed sections. Clear photos.
Step 5: Decide on Service. Call a process server in San Francisco or find a friend who isn't involved in the case to handle the delivery of the papers.
The small claims process is a test of patience as much as it is a legal battle. By the time you get to that courtroom, you should know your facts so well that you could explain them in your sleep. Stick to the numbers, keep your cool, and remember that at the end of the day, it's just business.