How much can you sue for in civil court in California?
Asked by: Rosario Gorczany | Last update: December 18, 2025Score: 4.6/5 (46 votes)
There is no limit to how much you can sue for in a civil case. Civil cases are divided into two main categories generally by how much money they involve. The procedures are a little different between the two main types: Unlimited civil cases are cases for over $35,000.
What is the maximum amount you can sue for in civil court in California?
Unlimited Jurisdiction Civil Court Cases (over $35,000)
Basically, an unlimited civil case is any case that is not a limited civil case under the definition of California Code of Civil Procedure, Sections 85-86.1.
How do I sue someone for more than $10,000 in California?
If you want to ask for more than $10,000 (for individuals) or $5,000 (businesses and other entities), you need to sue in the civil division of the superior court and not in small claims court. In the civil division, lawyers can represent each side.
Can someone sue me for $500?
Many types of cases can be filed in small claims court, and it isn't uncommon to see someone suing for $500.
Who pays the court costs in a civil case?
In the civil context, court costs are normally awarded to the prevailing party , meaning that the 'losing' party must cover them.
California Small Claims Court, How much can I sue for?
How long do you have to file a civil suit in California?
Personal injury: 2 years from the injury. Breach of a written contract: 4 years from the date the contract was broken. Breach of an oral contract: 2 years from the date the contract was broken. Property damage: 3 years from the date the damage occurred.
Is suing someone worth it?
Before filing a lawsuit, prospective litigants should consider what they want from a case. Civil courts can only give you money or return property. A judgment cannot fix an underlying family problem or neighborhood feud. Lawsuits cost time and money, even if you get court costs awarded with a judgment in your favor.
How to file a civil lawsuit without a lawyer?
You start a lawsuit by filing a complaint. In some circumstances, you file a petition or a motion. The court has several complaint forms that you may use in drafting your complaint. The forms are available online and at the Pro Se Intake Unit.
What happens if someone sues you and you have no money?
The plaintiff might attempt wage garnishment or bank account levies. Some defendants might be considered “judgment proof” if they have no assets. Possible Outcomes and Future Collection: Judgments remain active for several years and could be renewed.
What is the 5 year rule in California?
An action shall be brought to trial within five years after the action is commenced against the defendant.
What happens if you lose a lawsuit and can't pay in California?
If you do not pay the judgment, the judgment creditor can "garnish" your wages. An Earnings Withholding Order (WG-02) tells your employer to send a portion of your paycheck to the Sheriff instead of you. The standard portion withheld is 25% of your net (after-tax) pay.
What forms do I need to file a civil lawsuit in California?
Fill out the Summons (form SUM-100) and a Complaint. Also, fill out a Civil Case Cover Sheet (form CM-010). Since you are the one filing a lawsuit, you're called the plaintiff. The person or company you're suing is the defendant.
What is a limited civil amount in California?
Limited civil case - A general civil case which involves an amount of money of $35,000 or less.
What is the burden of proof in a civil case?
Instead, as California Civil Jury Instruction 200 explains: “A party must persuade you [the jury], by the evidence presented in court, that what he or she is required to prove is more likely to be true than not true. This is referred to as “the burden of proof.”
Will a collection agency sue for $5000?
Unpaid, credit card balances between $5,000 to $10,000 increase the likelihood of legal action by creditors or collection agencies. While agencies typically pursue the full amount owed, debt buyers may accept reduced payments.
How to win a civil lawsuit?
The standard is more relaxed in the civil justice system. Instead, the plaintiff must prove his case by a preponderance of the evidence. Under this standard, a plaintiff can prevail and win a civil case by showing that more likely than not everything he has said is true and he is entitled to a legal remedy.
How long does it take to file a civil lawsuit?
While there is no set timeline for a civil litigation case, the process can take several months to several years. Each stage of litigation, from filing to trial and potentially appeal, adds time to the process.
How much money is enough to sue?
In general, claims are limited to disputes up to $5,000. However, natural persons (individuals) can claim up to $10,000. Corporations, partnerships, unincorporated associations, governmental bodies, and other legal entities cannot claim more than $5,000.
Can you tell someone you're suing them?
After you file your lawsuit, you have to let the defendant know that you are suing them. Usually, the defendant knows about the case a long time before it starts. Hopefully you talked to the defendant and tried to settle the case before you filed.
Is it better to sue or settle?
Litigation takes time and often leads to more time due to appeals and retrials. You will have to be involved as the trial progresses. Whether you are the plaintiff or the defendant, if the total time spent in litigation is not worth a good outcome in court, then settlement is probably a better option.
At what point do most civil cases settle?
The overwhelming majority of civil cases are resolved prior to trial – either through judicial order (for example, when the judge grants a dispositive motion filed by one of the parties) or through a settlement between the parties.
What happens if you sue someone with no money?
If the court finds the defendant responsible, they are legally required to compensate you, even if they currently lack the funds. Winning the lawsuit means the defendant owes you the amount decided by the court, which you can pursue through various legal avenues.
Can you serve jail time for a civil suit?
A business or agency can also file a case in civil court or be sued in civil court. If someone loses a case in civil court, that person may be ordered to pay money to the other side or return property, but that person does not go to jail just for losing the case. What kinds of cases do civil courts handle?