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Filing small claims for unpaid wages — how does it work?

CAj_ramos1 month ago

Former employer owes me $2,400. Want to sue in small claims. What's the process?

1 reply

✓ Verified answer from a licensed attorney — shown first

Folake Okeke avatarFolake OkekeVerified Attorney1 month ago

For unpaid wages specifically, you have a better choice than small claims: the Labor Commissioner (in CA, dir.ca.gov). Free, no attorneys allowed on either side (so employers can't out-lawyer you), aggressive enforcement, includes penalties beyond just the wage amount. Small claims works too — file an SC-100 in the county where the employer is or where the work was performed, pay the filing fee ($30-$75 in CA depending on amount, waivable), serve the employer, attend the hearing 30-70 days later. Bring paystubs, schedule records, text messages, and a one-page chronology. Small claims judges are generally pro-worker on clear unpaid-wage cases. You can do both: file Labor Commissioner first; if that drags, file small claims too.

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Please readThis is a community space for sharing personal experience — it is not legal advice, and posts here are not from Lawma or your attorney. We strongly encourage you to post under an anonymous handle, keep questions general, and avoid posting private details of your active case. For advice about your own situation, message your attorney.