The cost to go to Small Claims Court varies by state but is typically less than $100. The two main costs are the filing fee and service on the defendant.
| State | Filing Fee |
|---|---|
| Alabama | Varies by court |
| Alaska | $50 – Claims $2,500 or less $100 – Claims over $2,500.01 |
| Arizona | $25 |
| Arkansas | Varies by court |
| California | $30 – Claims up to $1,500 $50 – Claims $1,500.01 to $5,000 $75 – Claims over $5,000.01 |
| Colorado | $31 – Claims $500 or less $55 – Claims over $500.01 |
| Connecticut | $95 |
| Delaware | $35 – Claims under $1,000 $40 – Claims $1,000 to $5,000 $45 – Claims over $5,000 & eviction cases |
| Florida | $55 – Claims under $100 $80 – Claims $100.01 to $500 $175 – Claims $500.01 to $2,500 $300 – Claims over $2,500.01 |
| Georgia | Varies by court |
| Hawaii | $35 |
| Idaho | $69 |
| Illinois | Varies by court |
| Indiana | Varies by court |
| Iowa | $95 |
| Kansas | Varies by court |
| Kentucky | Varies by court |
| Louisiana | Varies by court |
| Maine | $70 |
| Maryland | $34 |
| Massachusetts | $40 – Claims $500 or less $50 – Claims $500.01 to $2,000 $100 – Claims $2,000.01 to $5,000 $150 – Claims over $5,000 |
| Michigan | $30 – Claims $600 or less $50 – Claims $600.01 to $1,750 $70 – Claims over $1,750.01 |
| Minnesota | Varies by court |
| Mississippi | Varies by court |
| Missouri | Varies by court |
| Montana | $30 |
| Nebraska | $29 |
| Nevada | Varies by court |
| New Hampshire | $90 – Claims $5,000 or less $145 – Claims over $5,000.01 |
| New Jersey | $35 |
| New Mexico | $77 |
| New York | $15 to $20 – City or District Court $10 to $15 – Town or Village Court |
| North Carolina | $96 |
| North Dakota | $10 |
| Ohio | Varies by court |
| Oklahoma | Varies by court |
| Oregon | Varies by court |
| Pennsylvania | Varies by court |
| Rhode Island | $55 – In-person filing or by mail $75.75 – Electronic filing |
| South Carolina | $70 |
| South Dakota | $20.76 – Claims up to $100 $26.76 – Claims from $100.01 to $1,000 $36.76 – Claims from $1,000.01 to $3,999.99 $38.76 – Claims over $4,000 |
| Tennessee | Varies by court |
| Texas | $54 |
| Utah | $60 – Claims up to $2,000 $100 – Claims from $2,001 to $7,499 $185 – Claims over $7,500 |
| Vermont | $65 – Claims $1,000 or less $90 – Claims $1,000.01 or more |
| Virginia | Varies by court |
| Washington | $35 or $50 depending on the court |
| Washington D.C. | $5 – Claims under $500 $10 – Claims from $500 to $2,500 $45 – Claims over 2,500 |
| West Virginia | $50 – Claims $500 or less $55 – Claims from $500.01 to $1,000 $60 – Claims from $1,000.01 to $2,000 $70 – Claims over $2,000 |
| Wisconsin | $94.50 – In-person filing $114.50 – Electronic filing |
| Wyoming | $10 |
How Much Does it Cost to Serve the Defendant?
Although the cost of service varies by court, it is typically less than $50. In some courts, the cost of service is included in the filing fee. Depending on the court, there may have several options for serving the defendant. If service by mail is available, it is typically the cheapest option and only costs a few dollars.
However, the plaintiff may be required to hire a private process server or have the local sheriff serve the defendant by hand delivery. These charges vary, but typically range from $25 to $75.
What if the Plaintiff Can’t Afford the Court Costs?
The plaintiff can still file a small claims case if they can’t afford the court costs by filing a request to waive the fees. In order to qualify, they will need to submit a form and provide information about their job, government assistance, and other forms of income.
The specific form needed to request a waiver of filing fees varies by state and court but can typically be obtained online or by calling the local court clerk.
Many courts require the losing side to pay the court costs of the winning side by including the amount in the judgment. However, the court costs need to be paid upfront and the judgment may take some time to collect. If the plaintiff believes they qualify to waive the fees, they can submit a form to request them to be waived.
