Small Claims Court vs. Hiring an Attorney — Which Is Right for Your Contractor Dispute?

Small Claims Court — The Basics

California small claims court allows individuals to resolve disputes up to $12,500 without an attorney. Filing fees are low ($30–$75), and cases are typically heard within 30–70 days. Judgments are legally enforceable against the contractor’s assets, bank accounts, and business receivables.

Small claims works best when: Your damages are $12,500 or less, the dispute is straightforward, you have clear documentation, and the contractor has identifiable assets to collect from.

Small Claims Court — The Honest Limitations

You cannot have an attorney represent you in small claims court. Complex technical defects that require expert testimony are difficult to prove without professional help. Collecting a judgment can be challenging if the contractor has limited assets.

Hiring an Attorney — When It Makes Sense

Hire an attorney when: Your damages exceed $12,500, the contractor has committed fraud, there are complex defects requiring expert testimony, the contractor’s insurance company is involved, or the contractor is making counter-claims against you.

The Fee Question

Many construction attorneys charge hourly rates ($250–$500/hour). Some take contractor fraud cases on contingency — no fee unless you win. For cases involving fraud or bad faith, attorney fees may be recoverable from the contractor if you win.

A Third Path — CSLB Arbitration

For disputes with licensed contractors where your claim is $50,000 or less, CSLB arbitration is often the best path — free, binding, and faster than litigation.