Small claims court is the perfect place to resolve minor disputes in a fast and cheap way. These courts are special courts which are designed to handle cases with small monetary value. The cases are typically solved faster as compared to higher court cases. They also do not often need attorneys or allowed representation. These courts are aimed to deal with small claims like property damage, breach of contract, unpaid debts, unpaid wages, security deposit issues, consumer complaints etc. You also need to pay the filing fee and other court costs during the process of small claims in small claims courts. In this article, we will discuss the filing fee and other court costs in detail that have to be paid in small claims courts. We will also discuss the ways to minimize expenses including small claims court filing fees and costs and additional costs when pursuing a case in small claims court.
Small Claims Court Fees Quick Facts
Small claims courts are cost-effective and require very low court fees as compared to traditional court processes. Court fee includes the following fees:
| Fee Type | Amount |
|---|---|
| Filing Fees | Range from $30 to $200+, depending on the state and claim amount. |
| Service of Process | Costs between $10 to $100, varying by method (sheriff, process server, or certified mail). |
| Mediation Costs | Some courts offer free mediation, while private sessions may cost $50 to $500. |
| Judgment Collection | Enforcing a judgment (wage garnishment, liens) can add $50 to several hundred dollars in extra costs. |
| Appeal Fees | If allowed, appeals cost $50 to $200+, plus transcript fees. |
| Fee Waivers | Available in many courts for low-income individuals; proof of hardship required. |
| State Variations | Small claims court fees and procedures differ by state and county; check with your local small claims court for specifics. |
| Claim Limits | Most states have a maximum claim limit between $5,000 and $10,000. |
| Settlement Options | Settling before trial can help avoid extra court costs and legal hassles. |
What is a Small Claims Filing Fee?
Small claims filing fee is the amount used to pay while submitting the small claims documents to the court. Small claims courts are cost-effective and require very low court fees as compared to traditional court processes. Filing fee that is generally ranging from $20 to $100. It depends on the court jurisdiction and amount of claim you are suing in the small claims courts. The amount that we pay for filing the small claim is used to operate court operations like paying court staff, and ensure the efficiency of the small claims process.
| Small Claims Amount | Filing Fee Range |
|---|---|
| Up to $1,000 | $20–$50 |
| $1,001 and $5,000 | $30–$75 |
| Above $5,000 | $75–$250 |
| Claims exceeding $10,000 (only allowed in some states) | Small claims court costs may exceed $200 |
Some courts may require some additional administration fee that is applied to cover the processing cost. This is best practice to contact the local small claims court to check the exact cost to file small claims before going to the court.
Read: What is a Small Claim?
What is the Service of Process Fee?
Service fee that is required to serve the court papers to the defendant. It typically ranges from $10 to $100. This is done by different methods like process server, sheriff, or certified mail. If the defendant cannot be found, its cost will increase. You may apply for skip tracing or alternative service methods.
| Service Method | Service Fee Range |
|---|---|
| Sheriff or Constable Service | $20–$100 |
| Private Process Server | $40–$150 |
| Certified Mail (if Allowed) | $10–$25 |
Types of Service of Process
There are multiple ways to notify the defendant to tell him about filing the small claims lawsuit. You have to select any one method depending on the jurisdiction rules and your comfort. Following are some common methods to serve the defendant.
Sheriff or Constable Service
In this way, local sheriff’s offices or a court-appointed constable serve the small claims complaint and summons to the defendant personally. They will deliver the documents to the defendant and file a return of service with the court. It typically ranges from $20 to $100. This is the cost effective method.
| Pros | Cons |
|---|---|
| Recognized by all courts | Slower than a private process server |
| Official and legally valid | Some counties may limit service attempts |
Private Process Server
In this way, licensed private process servers serve the small claims complaint and summons to the defendant personally. Private Process Server makes multiple attempts to deliver the documents to the defendant. They try different ways to reach the defendant. It typically ranges from $40 to $150. Some Private Process Server gives expedited service to deliver the documents to the defendant. It costs additionally $100 - $300.
| Pros | Cons |
|---|---|
| Faster and more reliable than sheriff service | More expensive |
| More flexible—can track down hard-to-reach defendants | Additional charges for multiple attempts |
Certified Mail with Return Receipt
In this way, court clerk or the plaintiff sends the court papers by USPS Certified Mail with a return receipt. The defendant signs the mail and this signature serves as proof of service. It typically ranges from $10–$25.
| Pros | Cons |
|---|---|
| Cheapest option | Defendants must sign for the mail—if they refuse, you’ll need another method. |
| No need to hire a process server | Can take weeks if the defendant does not check their mail. |
Substituted Service
The court may permit delivery to be placed with an adult who is responsible at the defendant's place of residence or where work is performed if the defendant cannot attend to be served in person. A copy can be mailed by the process server as well.
| Pros | Cons |
|---|---|
| Useful if the defendant is avoiding service | Must meet court rules—some states only allow this after multiple failed attempts |
| Still legally valid | May require extra mailing costs |
Service by Publication
If the defendant cannot be found, the court may allow the service by publication through a legal notice in a newspaper. It typically ranges from $50 - $150.
| Pros | Cons |
|---|---|
| Works when the defendant is missing or unknown | Expensive |
| Satisfies court requirements when all other options fail | Less reliable—defendant may never see the notice |
Additional Small Claims Court Costs to Consider
There are some additional court costs other than small claims court filing fee and Service of Process Fee. These include:
Court Copy Fees
You need to pay a small fee to get the copies of court documents. You may also need to pay some charges for certified copies. Copy charges typically range from $0.50 to $1.00 per page.
Mediation Fees (If Required)
Some jurisdictions require mediation for small claims cases before a hearing. It usually ranges from $50 to $500 per session. While some courts offer free mediation services.
Judgment Collection Fees
When you win the Judgment, collecting your small claims judgment is sometimes a challenge. As these courts don’t automatically give you the payment, you will need to take some additional actions yourself. You may need to pay more to do these actions like wage garnishment, liens, or other methods. These execution fees can range from $50 to several hundred dollars.
Appeal Fees
If any party is not satisfied with the court decision, they can appeal in the court. It costs from $50 to $200.
Ways to Reduce Small Claims Court Costs
If the small claims court filing fees or related costs are a concern, consider these possibilities:
Fee Waivers for Small Claims Court
Small claims courts also offer fee waivers for the deserving people. This gives access to the type of person to file the small claims in small claims courts. You can request a Fee Waiver Application form the court and can apply for the fee waiver. You need to provide the proof of low income or government assistance (e.g., SNAP, Medicaid, SSI). If your request is approved, sheriff service and filing fees may be waived.
Serving the Defendant via Certified Mail
If you have low income and cannot pay the court fee, you can do the defendant service by certified mail. This is a more reasonable option than hiring a process server for a small claims court.
Self-Representation
You can save the lawyer fee as hiring a lawyer for small claims court is generally not necessary. You can file the small claims in small claims court by self-representation. To file a small claims lawsuit is a very straightforward method. You can handle it by yourself easily.
Settling before Trial
Most of the small claims cases are resolved outside of the court by settlements. You can save your court costs by these settlements. If you go ahead with effective settlement negotiations, it will minimize the court cost in proceedings.
Research Local Court Policies
You can also avail the court fee reduction policies. You must know about all the rules and policies of the courts so that you can avail effective options and can reduce the court cost of small claims process.
Conclusion
Understanding the cost to file a small claims case will prepare you to file the small claims case in small claims court. Small claims court fees and additional costs depend on the jurisdiction and the claimed amount. You can reduce the small claims cost by using the fee waiver options, alternative service methods, and cost-saving strategies. Mediation for small claims disputes or pre-court settlements can make your small claim dispute more affordable and quicker. It will save both your time and money. The possibility of winning will increase and the small claims court process will run more effectively if you are fully prepared before filing.
