Get Your Security Deposit Back, Take Them to Small Claims Court

California Civil Code 1950.5 outlines the rules landlords must follow when handling security deposits, including returning the deposit within 21 days after you move out. It specifies the conditions under which deductions can be made and provides legal grounds to sue in Small Claims Court if your deposit is unfairly withheld.

A security deposit demand letter is a formal notice sent to your landlord requesting the return of your deposit. In California, while you are not required to send a demand letter, it’s often recommended to do so before filing in Small Claims Court. This letter can show the Judge that you made an effort to resolve the issue before taking legal action.

Evidence for a Small Claims Court case to recover a security deposit can include your lease agreement, photos of the rental property’s condition, receipts, and any communication with your landlord.

In California:

• Small claims hearings are normally scheduled 30-75 days after the lawsuit is filed.

• Most judges decide cases within 7-14 days after the hearing.

Here are some factors that go into whether you will win your small claims lawsuit:

1. Are you right on the law? Whether the law is on your side depends on your case type and the laws that apply. We also have hundreds of free articles on legal information available on JusticeDirect Academy. Your attorney will also provide you with guidance on your case.

2. Did you follow the right procedure? This is where we excel. We ensure that you have followed all the correct steps so that you are prepared for your day in court and your hearing.

3. Did you organize your evidence? As part of our process, you will upload all your evidence, and our software will help you organize it into a judge-friendly evidence packet. Your attorney will also provide feedback on organizing your evidence packet.

After your lawsuit is filed, the next step is to let the other party know that they have been sued. This is called serving.

We currently have two serving options:

1. Process Server. We will hire a process server to serve the other party. Process servers charge $85. If the process server isn't able to serve, we will let you know and provide you with options on how to proceed. A process server will try to serve at the address you provide up to 4 times unless it becomes clear that the address is incorrect.

2. Friend. We will ship a packet directly to a friend or family member of your choice with detailed step-by-step serving instructions. This option is included in our pricing. The friend or family that you select needs to be over 18 years old and cannot be involved with what happened in your case.

We will also file the Proof of Service with the court for you.

This information applies to California small claims.

• $12,500 or less if you are an individual or sole proprietor.

• $6,250 or less if you are suing on behalf of a corporation or LLC.

This applies to California small claims cases.

By emailing [email protected] or by clicking the message button on the bottom right-hand corner of our website once you create an account.

Once you become a client, you will have access to schedule calls with our Customer Success Team. You will also have a designated Customer Success Manager who focuses on a particular step in the process (filing, serving, hearing preparation).

We pride ourselves on having the most empathetic and detail-oriented customer support team.

Yes, we assist with preparing and filing court fee waivers in California.

We help you:

1. determine if you qualify for a waiver of your court fees, and

2. prepare and file the court fee waiver.

We can't guarantee that the judge will approve your court fee waiver. If the judge doesn't approve your court fee waiver, you will need to pay the court's fees (between $30- $75).

The deadline to file your lawsuit depends on:

1. the type of case you have, and

2. the state in which you are filing your lawsuit.

These deadlines are known as the "statutes of limitations."

Here are some reasons you shouldn't wait to file your lawsuit:

1. Most statutes of limitations in California are set at around 2 years.

2. As time passes, you begin to lose your evidence.

3. You don't want the judge to doubt why you waited so long to file your lawsuit.

4. If you do something wrong during your first lawsuit and need to file your case again, the statute of limitations may have passed.

Review our guide to common statutes of limitations in California.

No, in California you are only allowed to represent yourself at the small claims hearing. We will provide you with everything you need to be prepared, including a judge-friendly evidence presentation.

The California legislature determined that not allowing lawyers in small claims court would level the playing field for individuals and businesses without the money to hire lawyers.

If you sue a company, the company is not allowed to have a lawyer represent them.

So long as there isn't another court that is more specific to your lawsuit (for example, eviction court), then the lawsuit can be filed in small claims.

The most common types of small claims lawsuits in California are:

• Security Deposit. ​Your landlord did not return your security deposit.

• Rent. Your tenant or roommate didn't pay the rent.

• Loan. You loaned someone money, and they didn't pay you back.

• Car Accident. Someone hit your car while driving, and now you have to pay for the repair work.

• Mechanic. ​You hired a mechanic to repair your car, and they did a terrible job.

• Contractors. You hired a contractor to perform work at your home, and they did a terrible job.

• Neighbor. Your neighbor damaged your property.

• Contracts. You had a contract with someone, and they broke the contract.

• Damage to Property. Someone damaged your property (e.g. house, car, bicycle).

• Goods. You bought an item and didn't receive it, or you sold an item and didn't get paid for it.

• Insurance Companies. Your insurance company didn't pay you for a claim they should have paid you for.

• Services. You paid for a service and didn't receive it, or you provided a service and didn't get paid.
  

Here is how our process works for California small claims.

Dedicated Attorney

You will always have a dedicated, state-licensed attorney overseeing your case. You can ask unlimited questions about court procedures and up to three questions about the merits of your case in writing.

Lawsuit Preparation

Once you've completed our intake and uploaded your evidence, we'll prepare your lawsuit documents. We'll send your lawsuit to you for review, and once you give us the green light, we'll send the lawsuit to you for signing.

Lawsuit Filing

Yes, we will file your lawsuit for you. We will ensure the court files your lawsuit and keep you updated on the status.

Serving the Other Party

After your lawsuit is filed, the next step is to let the other party know they have been sued. This is called serving. We currently have two serving options:

1. Process Server. We will hire a process server to serve the other party. Process servers charge $85. If the process server cannot serve, we will let you know and provide you with options on how to proceed. A process server will try to serve at the address you provide up to 4 times unless it becomes clear that the address is incorrect.

2. Friend. We will ship a packet directly to a friend or family member of your choice with detailed step-by-step serving instructions. This option is included in our pricing. The friend or family that you select needs to be over 18 years old and cannot be involved with what happened in your case.

We will also file the Proof of Service with the court for you.

Help You Win by Preparing You for the Hearing

You upload all your evidence, like photos, receipts, and contracts.

We have evidence checklists for cases like security deposits, unpaid invoices, and car accidents.

It is very important that your evidence is in order. We package it together in a specially organized evidence packet following your court's procedures to ensure you're equipped to represent yourself.

Our evidence packets are organized in a judge-friendly manner with a table of contents, page numbers, titles, and descriptions.

You can download and print the evidence packet before your hearing (we can also print and mail it to you).

You will also have access to all our hearing preparation content, including how to prepare for the hearing and what to say at the hearing.

We Keep You Updated Each Step of the Way

• You will receive reminders of the next steps and updates so you never miss a deadline.

• You will have access to our team of customer success managers at each step.

Our Customer Experience Team is Always Here to Help

Once you become a customer, you will have access to schedule calls with our Customer Success Team. You will also have a designated Customer Success Manager who focuses on a particular step in the process (filing, serving, hearing preparation).

We pride ourselves on having the most empathetic and detail-oriented customer support team.

Yes, we will file your lawsuit for you. We will ensure the court files your lawsuit and keep you updated on the status.

We pride ourselves on knowing how to navigate different court filing processes.

This applies to California small claims cases.

We will send you multiple hearing date reminders by email and text message.

We will also send you case updates each step of the process so that you always know your case status and next steps. Your case status will also always be available on our case dashboard.

You will need to keep an eye out for any mail from the other party or the court and let us know if the court has changed your hearing date or if the other party has requested a change of hearing date.