How Much Does It Cost to File in Small Claims Court? The Full Price Tag
How much does it cost to file in small claims court? For most people the answer is less than they fear: filing fees typically run $15 to $300 depending on the state and the size of the claim, with $30 to $75 the most common bracket. The fee is not the whole bill, though. Add service of process and the real all-in cost usually lands between $60 and $250.
The short answer: $15 to $300, mostly $30 to $75
The filing fee is what the court charges to open your case. It is set by statute or court rule, and it varies on two axes: which state you file in, and how much you are claiming. A few data points from the 2026 fee schedules show the spread:
| State | Typical filing fee |
|---|---|
| North Dakota | $10 |
| Nebraska | $29 |
| Montana | $30 |
| California | $30 / $50 / $75 (tiered by claim size) |
| New Jersey | $35 |
| Hawaii | $35 |
| Maryland | $34 |
| New York | $15 to $20 (city courts); $10 to $15 (town courts) |
| Florida | $55 to $300 (tiered by claim size) |
| Massachusetts | $40 to $150 (tiered by claim size) |
| Connecticut | $95 |
| North Carolina | $96 |
Fees are from published 2026 court schedules; some counties set their own amounts. Always confirm with your clerk.
Many states tier the fee to the claim amount. California is the cleanest example: $30 for claims up to $1,500, $50 for $1,500.01 to $5,000, and $75 for anything above. Florida tiers harder, from $55 on claims under $100 all the way to $300 over $2,500. My take: the tiering is a feature. It keeps a $400 deposit dispute cheap to file while making the court recover its costs on a $9,000 claim.
The costs everyone forgets
Filing opens the case. Getting the defendant notified and the case won adds the rest. Budget for these:
Service of process: $10 to $150. Certified mail runs $10 to $20 where courts allow it. A sheriff or constable costs $30 to $100. A private process server runs $50 to $150. This is the line item where people blow their budget, because a defendant who dodges service can force a second attempt.
Copies and certified documents: $5 to $25. Courts charge per page for copies, and some require certified copies of the judgment for enforcement.
Enforcement: $0 to $150+. Winning is free. Collecting can cost extra: bank levies and wage garnishments each carry their own fees in some states.
How to keep the bill small
Serve by certified mail when allowed. Where courts permit it, certified mail at $10 to $20 beats a $100 process server every time. Check with the clerk before you file, since some courts restrict the methods.
Apply for a fee waiver if money is tight. Every state offers some form of waiver for financial hardship: a request form plus proof of income or government assistance, and it can cover the filing fee, service costs, and sometimes other expenses. The full guide is at the fee waiver walkthrough.
Add your costs to the claim. In most states the winner recovers filing and service fees, often added to the judgment automatically. When you state your claim amount, include them. Losing costs you your own fees and nothing more, which is the whole point of who pays when you lose.
Confirm the fee before you file. The schedule is on the court's website or one phone call away. Filing with the wrong amount is the most embarrassing way to get your case rejected at the counter.
Frequently Asked Questions
How much does it cost to file in small claims court?
Filing fees typically range from $15 to $300 depending on your state and the size of your claim. Most states charge $30 to $75 for small claims and up to $150 to $300 for larger ones. The all-in cost, including serving the defendant, usually runs $60 to $250.
Do filing fees change based on how much I am suing for?
In many states, yes. Fee schedules are often tiered: California charges $30 for claims up to $1,500, $50 for $1,500 to $5,000, and $75 above $5,000. Check your state's fee schedule, since some counties set their own tiers.
Can I get my filing fee back if I win?
In most states, yes. The prevailing party can usually recover filing and service fees, and judges often add them to the judgment automatically. Include your costs when you state the amount you are claiming.
What if I cannot afford the filing fee?
Every state offers some form of fee waiver for financial hardship. You file a fee waiver request with proof of income or government assistance, and it can cover the filing fee, service costs, and sometimes other court expenses.
Is there a cheapest state to file small claims?
North Dakota charges just $10, Nebraska $29, Montana $30, and New York town courts $10 to $15. But you must file where the court has jurisdiction, usually where the defendant lives or the dispute happened, so you cannot shop states for the fee.
Related Reading
Once you know the price, the next question is strategy: how winners get their filing fees back, and every service method ranked by cost and reliability.
Check Your State's Filing Fee
Look up the exact fee for your state before you file, plus the tiers that apply to your claim amount.
Look Up Filing Fees by StateOne practical guide a week
Small claims tips, fee changes, and court procedure explainers. No spam, unsubscribe anytime.
Subscribe Free