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Unpaid Invoice claims in California

Use the due date on the invoice, or the day the agreement was broken.

The day the clock starts

The day the payment was due and not paid

What the claim has to show

  • What was agreed, when, and whether it was in writing
  • What you delivered and when
  • The amount owed and how it adds up
  • That you asked for payment, when, and what happened

What to bring

  • The invoice or agreement
  • Proof of delivery or completed work
  • Messages asking for payment
  • Any partial payments received

How long you have

How long you have
Kind of claimAgreementWindowCounted fromRule
Unpaid InvoiceSpoken or by conduct2 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §339
Unpaid LoanSpoken or by conduct2 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §339
Contractor DisputeSpoken or by conduct2 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §339
Auto RepairSpoken or by conduct2 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §339
OtherSpoken or by conduct2 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §339
Unpaid InvoiceIn writing4 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §337
Unpaid LoanIn writing4 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §337
Contractor DisputeIn writing4 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §337
Auto RepairIn writing4 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §337
OtherIn writing4 yearsthe day the payment was missed or the agreement was brokenCal. Code Civ. Proc. §337

Worked example

If the day the payment was missed or the agreement was broken was 2026-03-15, a window of 2 years runs out on 2028-03-15. That is the same arithmetic the check uses: calendar months, clamped to the end of the month, and no roll forward to the next court day.

More about California

Common questions

When does the clock start on a unpaid invoice claim in California?
Use the due date on the invoice, or the day the agreement was broken.
How long do you have on a unpaid invoice claim in California?
2 years, counted from the day the payment was missed or the agreement was broken, under Cal. Code Civ. Proc. §339.
What does a unpaid invoice claim have to show?
What was agreed, when, and whether it was in writing. What you delivered and when. The amount owed and how it adds up. That you asked for payment, when, and what happened.
How much can you claim in small claims court in California?
An individual can claim up to $12,500. A business can claim up to $6,250. A public agency can claim up to $6,250. That comes from Cal. Code Civ. Proc. §116.221, Cal. Code Civ. Proc. §116.220.

Verify with your court

Numbers change, and a court can post its own variation. Open California's small claims page and confirm anything you are about to rely on.

Open the court's small claims page

Verified on 2026-09-05, sources: Rules effective from 2026-01-01.

  • Cal. Code Civ. Proc. §337 · effective 2019-01-01 · A claim based on a written agreement must be filed within four years of the breach.
  • Cal. Code Civ. Proc. §339 · effective 1997-01-01 · A claim based on a spoken agreement must be filed within two years of the breach.
  • Cal. Code Civ. Proc. §116.320 · effective 2008-01-01 · The claim form asks you to state that, where possible, you demanded payment before filing.
  • Cal. Code Civ. Proc. §116.221 · effective 2024-01-01 · An individual can bring a claim for up to $12,500 in small claims court.
  • Cal. Code Civ. Proc. §116.220 · effective 2024-01-01 · A business or agency can bring a claim for up to $6,250. Any claimant can give up the amount over the limit to stay in small claims.

FairSquare assembles documents and explains your court's rules. It is not a substitute for advice about your situation.