Why fees matter strategically
Filing a small claims case has a cost. For disputes near the break-even point, that cost can tip the calculation between pursuing the case and walking away. This reference gives the current 2026 filing fees across all 50 states, with notes on fee waivers and how prevailing plaintiffs typically recover fees.
The 50-state filing fee reference
| State | Low range | High range | Notes |
|---|---|---|---|
| Alabama | $75 | $99 | District Court civil filing |
| Alaska | $100 | $100 | Flat fee |
| Arizona | $36 | $71 | Scales under $1,000 vs over |
| Arkansas | $65 | $80 | Varies by county |
| California | $30 | $100 | $30 under $1,500; $50 to $5,000; $75 over |
| Colorado | $31 | $85 | Scales by claim amount |
| Connecticut | $35 | $35 | Flat fee |
| Delaware | $45 | $80 | Justice of the Peace |
| Florida | $55 | $300 | Scales significantly; $55 under $100, rising to $300+ |
| Georgia | $50 | $75 | Magistrate Court |
| Hawaii | $30 | $30 | Flat fee |
| Idaho | $69 | $69 | Flat fee |
| Illinois | $89 | $237 | Varies widely by county |
| Indiana | $98 | $137 | Superior Court small claims |
| Iowa | $85 | $95 | Small claims division |
| Kansas | $42 | $47 | Flat, scales slightly |
| Kentucky | $10 | $25 | Among the lowest |
| Louisiana | $150 | $250 | Parish variance |
| Maine | $55 | $85 | Scales over $1,500 |
| Maryland | $12 | $47 | Scales with claim amount |
| Massachusetts | $40 | $150 | Scales sharply |
| Michigan | $35 | $75 | Scales by amount |
| Minnesota | $75 | $75 | Flat fee |
| Mississippi | $35 | $100 | Justice Court |
| Missouri | $30 | $90 | Scales by amount |
| Montana | $30 | $75 | Justice Court |
| Nebraska | $30 | $45 | Scales slightly |
| Nevada | $65 | $250 | Scales over $2,500 |
| New Hampshire | $90 | $125 | Scales by amount |
| New Jersey | $15 | $50 | Scales by claim amount |
| New Mexico | $52 | $77 | Magistrate Court |
| New York | $15 | $20 | Civil Court of NYC; towns vary |
| North Carolina | $96 | $150 | Magistrate |
| North Dakota | $65 | $85 | District Court |
| Ohio | $45 | $180 | Varies by municipal court |
| Oklahoma | $54 | $133 | Scales by amount |
| Oregon | $57 | $95 | Circuit Court |
| Pennsylvania | $59 | $167 | Magisterial District; scales |
| Rhode Island | $75 | $95 | District Court |
| South Carolina | $80 | $80 | Magistrate's Court |
| South Dakota | $35 | $65 | Circuit Court |
| Tennessee | $10 | $160 | Among the lowest for small claims; scales sharply for larger |
| Texas | $54 | $100 | Justice Court; $54 for most small claims |
| Utah | $37 | $185 | Scales heavily |
| Vermont | $65 | $120 | Civil Division |
| Virginia | $55 | $154 | General District Court |
| Washington | $50 | $95 | District Court |
| West Virginia | $45 | $100 | Magistrate Court |
| Wisconsin | $22 | $94 | Scales by claim amount |
| Wyoming | $50 | $75 | Circuit Court |
Source · State court websites, 2026
What's included, what's extra
The filing fees above cover the basic case filing. Additional costs often apply:
- Service of process. $35 to $150 for a process server or sheriff service (covered in the state-by-state service guide)
- Subpoena fees. $15 to $50 per subpoena for witnesses or document production
- Jury demand. Some states charge extra ($50 to $200) if a jury is requested, though small claims is usually bench trial only
- Copy fees. $0.50 to $2 per page for court-certified copies of filings
Total out-of-pocket for a typical small claims case, start to finish, ranges from $75 to $400 in most states.
Fee waivers
Every state has a process for waiving filing fees for plaintiffs below specific income thresholds. The threshold is typically 125% to 200% of the federal poverty level.
Common requirements for a fee waiver:
- A one-page application on the court's waiver form
- Proof of income (pay stubs, tax returns, benefits statements)
- Proof of household composition (if income is calculated per household)
The waiver is typically decided within a few days of filing and, if granted, covers the filing fee and sometimes other court costs. It does not cover attorney fees or private service fees.
State fee waiver programs of note:
- California: Fee waiver form FW-001, applies to all superior court fees
- Texas: Statement of Inability to Afford Payment, form available at the clerk
- Florida: Affidavit of Indigency, heard by the court on filing
- New York: Poor Person's Relief application
If you're below the federal poverty line or close to it, apply for a waiver before paying the filing fee. Courts are typically willing to grant these quickly.
How plaintiffs recover filing fees
If the plaintiff prevails, most states allow recovery of filing fees as part of the judgment. This means the ultimate financial impact of filing is usually zero for winners.
The mechanics:
- The court enters a judgment for the plaintiff's damages plus costs
- Filing fees, service fees, and sometimes subpoena fees are itemized as costs
- The total judgment (damages + costs) is what the defendant owes
- If collected, the plaintiff is made whole on fees
For cases that lose, filing fees are not recoverable. This is a real cost of pursuing a weak case.
The filing fee is a small number relative to the leverage it creates. A $54 filing in Texas produces the same court appearance as a $300 filing in Florida, and both settle at similar rates pre-hearing.
Tactical considerations
Low fee states. In states like Tennessee, Kentucky, and Hawaii where fees are under $50, filing is almost never a budget decision. The time investment is the cost.
High fee states. In states where fees scale sharply (Florida, Louisiana, Nevada for large claims), a $200 to $400 filing cost can be a real constraint for plaintiffs near the small claims cap. Consider whether the demand letter alone produces the settlement before paying.
Scaled fees. States that scale by claim amount create an incentive to round down. A $4,999 claim costs less to file than a $5,001 claim in many scaled-fee states. The difference is small but real.
County variance. Several states (Illinois, Louisiana, Texas in some counties) have county-specific fee structures. Confirm with the court clerk in the specific county where you're filing.
The hidden fee: your time
Not on the table but worth naming: the real cost of small claims is usually time, not money. A typical case requires:
- 2 to 6 hours preparing the filing
- 1 to 3 hours on service coordination
- 4 to 10 hours on evidence organization
- Half a day on the hearing itself
For a $2,000 claim, that's 10 to 20 hours of your time. At your hourly rate, the time cost usually exceeds the filing fee by a wide margin. This is why cases that resolve at the demand letter stage (which they usually do) are the most economically rational path.
The demand letter vs small claims decision covers this math in more detail. For cases where small claims is the right venue, the filing fees above are the budget number to plan around.
When fee scheduling changes
State legislatures adjust small claims fees periodically. Recent changes worth watching:
- California adjusted filing fees in 2024 to account for inflation
- Texas has maintained relatively low flat fees for over a decade
- Florida's fees escalate sharply for claims approaching the small claims cap
- New York's civil court fees are historically low but may be revised
Confirm the current fee at the court clerk before budgeting for a case. The reference above is accurate as of early 2026 but is not a substitute for checking the actual local fee schedule.
The practical rule
For cases under $2,000, filing fees are a marginal expense compared to the time investment. For cases between $2,000 and the state cap, fees are typically 2 to 5% of the claim amount, which is a reasonable cost relative to the potential recovery.
For cases above the state cap, the fees get irrelevant because you're in regular civil court, where filing fees are higher and attorney fees dominate the cost calculation. The state-by-state small claims limits set the line where this shift happens.
Filing fees are one of many costs in a civil dispute but usually not the deciding one. The real decision is whether the case is worth pursuing at all.
