Small claims court filing fees generally run between about $10 and $300, depending on which state you’re in and how much money you’re trying to recover. Most courts also offer a fee waiver if you receive public benefits, earn below a set income cutoff, or can show that paying would cost you basic necessities. The filing fee is only part of what a case costs, though, so it helps to see the full picture before you walk up to the clerk’s window.
How the Filing Fee Is Calculated
Nearly every state uses a sliding scale. A claim for a few hundred dollars might cost $10 to $30 to file. A claim closer to your state’s small claims maximum can run $75 to $300. Those maximums themselves vary widely, from $2,500 in some states to $25,000 in others, which is part of why fee ranges differ so much from one jurisdiction to the next.
Your local court clerk’s office or the court’s website publishes the exact fee schedule for each claim bracket. Check it before you file so there are no surprises at the counter.
The Other Costs You’ll Pay
The filing fee gets your case opened. Several other expenses tend to follow.
Service of Process
Once you file, you have to officially notify the defendant, and you generally can’t do that yourself. A sheriff, marshal, or private process server will deliver the papers for roughly $40 to $100 per defendant. Suing two people means paying twice. Some courts allow service by certified mail, which costs less but isn’t offered everywhere, and a failed attempt usually means paying for a second try.
Witness Fees
If a witness won’t come voluntarily, you’ll need a subpoena, and subpoenas come with a required witness payment. Many states follow the federal standard of $40 per day of attendance plus mileage.1Office of the Law Revision Counsel. 28 USC 1821 – Per Diem and Mileage Generally; Subsistence The federal mileage rate for 2026 is 72.5 cents per mile.2Internal Revenue Service. IRS Sets 2026 Business Standard Mileage Rate at 72.5 Cents Per Mile States set their own figures but tend to land in the same range. The witness fee is typically paid upfront when you serve the subpoena.
E-Filing Surcharges
Courts that use electronic filing often work with outside vendors that charge their own processing fee. Because the vendor is a private company, the court usually can’t waive that charge even for people with an approved fee waiver. If every dollar matters, ask the clerk whether paper filing is still an option.
Notary and Copies
Some filings or proofs of service need to be notarized. Notary fees run roughly $2 to $25 per signature in most states. You’ll also need copies for the court and for each defendant, and clerks sometimes charge per page. Small amounts individually; they add up over the life of a case.
Who Qualifies for a Fee Waiver
Fee waivers exist so that the filing fee doesn’t lock people out of court. Eligibility rules differ by state but almost always fall into three categories.
Public Benefits
If you currently receive means-tested government assistance, you’re usually eligible for a full waiver with little additional review. Qualifying programs commonly include Supplemental Security Income (SSI), SNAP, Temporary Assistance for Needy Families (TANF), and Medicaid. You’ll still need proof: an award letter or current benefits statement is normally enough.
Income Below the Cutoff
Without public benefits, you may still qualify based on household income. States commonly set the cutoff at 125% or 150% of the Federal Poverty Guidelines. For 2026, the guideline for a single person in the 48 contiguous states is $15,960.3Federal Register. Annual Update of the HHS Poverty Guidelines That puts the common thresholds at roughly:
- 125% of poverty: $19,950 per year for a single person
- 150% of poverty: $23,940 per year for a single person
The numbers scale up with household size. Check your state’s specific threshold, because some use 125%, others 150%, and a few set their own income limits unrelated to the federal figure. Courts generally look at gross household income from all sources, including wages, pensions, Social Security, and child support.
Hardship
If your income is above the cutoff but you still can’t pay the fee without sacrificing rent, food, utilities, or medical care, you can apply under a hardship standard. This is the most subjective path, and judges have real discretion. Strong documentation matters more here than anywhere else.
Partial Waivers
Some states offer a middle option: a reduced fee, or permission to pay in installments, when you don’t qualify for a full waiver but clearly can’t afford the full amount. Not every court does this. It’s worth asking.
How to Apply
The application is essentially a financial snapshot. You’ll report gross monthly income from every source, your regular expenses (rent or mortgage, utilities, food, insurance, childcare, medical, transportation), and your assets (bank accounts, vehicles, real estate, investments). The court is looking at whether what comes in actually covers what goes out.
Supporting documents to bring: pay stubs from the last two months, recent tax returns, benefits award letters, bank statements, and current bills. If you receive qualifying public benefits, the award letter is often enough on its own. For income or hardship applications, more documentation helps.
Forms are available at the clerk’s office, on the state judiciary website, or through the self-help centers many courthouses run. Fill in every field. Courts treat blank spaces as incomplete rather than as zeros, and incomplete forms get bounced back.
Once you submit the waiver application with your complaint, a judge or court officer reviews it, usually within a few days. If more information is needed, you’ll get a notice, and some courts schedule a short confidential hearing to go over your finances in person. Those hearings are brief, but missing one typically means automatic denial.
What the Waiver Actually Covers
An approved waiver typically covers the initial filing fee and often extends to other court-imposed costs such as service of process by the sheriff, jury fees, and subpoena issuance fees. Scope depends on the state. Some waivers cover every court cost through the end of the case, including appeals; others require a separate request for each new fee.
The gap to watch is third-party charges. E-filing vendor fees are generally not waivable because they’re charged by a private company, not the court. Hiring a private process server instead of the sheriff puts that cost on you. Notary fees and copy costs usually sit outside the waiver as well.
If Your Waiver Is Denied
A denial starts a clock. Most courts give you a set number of days, often 10 to 30, to either pay the filing fee or request a hearing to present more information. Do neither and the court will stop processing your case, and your paperwork may be canceled or dismissed.
You generally have the right to request that hearing. The judge can reconsider based on new evidence or explanation and may grant a full waiver, a partial waiver, extra time to pay, or affirm the denial. That decision is typically final.
Read the denial notice closely. It should say why you were rejected and what your options are. Common reasons are missing documentation, income above the threshold, or assets the court considers sufficient. If the problem is paperwork rather than real ineligibility, fixing it before the hearing is usually straightforward.
Getting Your Costs Back If You Win
If you win your case, the judge can order the defendant to reimburse your court costs. Some courts fold filing and service fees into the judgment automatically; in others, you have to specifically ask. Recoverable costs typically include the filing fee, service of process fees, and witness fees. They don’t usually cover time off work, parking, or other personal expenses tied to showing up in court.
If you settle before trial, make sure the agreement spells out who pays the court costs. That detail is easy to overlook, and once the case closes you lose the leverage to add it back in.