small claims filing fee: Hidden Tips to Save Money and Succeed
Filing a case in small claims court is meant to be simple and cheap. The filing fee may seem to block you when you also face unpaid bills, lost deposits, or repair costs. There are ways to lower, remove, or reclaim this fee. Careful planning can boost your chance to win your case.
This guide shows how the fee works, what it usually costs, and simple tips to save money and do well in court.
Understanding the Small Claims Filing Fee
Before you file your claim, learn what this fee is and what it pays for.
What is a small claims filing fee?
The fee lets the court clerk start your case and assign it a number. It pays for:
• Processing your claim
• Setting a hearing date
• Sending basic notices (in some states)
• Keeping the court record active
This fee comes on top of other costs such as:
• Paying to officially serve the defendant
• Copy charges
• Costs after a judgment (like a lien or garnishment)
How much is the filing fee?
Fees differ by:
• The state
• The county or district
• The amount you ask for
• Your income level (where income adjustments or waivers are allowed)
For example:
• Some states ask for only $30–$50 for low claims.
• Higher-cost areas may charge $75–$150 or more.
• In some states, higher claim amounts mean a higher fee.
Check your local court’s website or state judiciary page for the latest fee list (for example, the U.S. court systems post fee schedules online at
https://www.uscourts.gov).
Hidden Tip #1: Ask About Fee Waivers and Reductions
You might cut your fee simply by asking if you can get a fee waiver or a lower fee.
When can you get the fee waived?
Many courts drop the fee when paying is hard for you. The court may check if you have:
• An income below the federal poverty level
• Benefits like SNAP, SSI, TANF, or housing help
• Expenses that use much of your income (for example, medical bills or keeping children)
You may need to fill out a form that asks for:
• Your monthly income and its sources
• Your assets (savings, property, or vehicles)
• Your monthly costs (rent, utilities, child care, medical bills)
• Proof such as benefit papers or pay stubs
If the court approves, your fee may drop or even vanish. Some courts drop extra charges such as service or copying fees.
How to find and submit fee waiver forms
A tip: the forms may not be easy to find on the main “small claims” page. Try this:
- Visit your state or local court’s website.
- Look up terms such as “fee waiver,” “in forma pauperis,” or “application to proceed without payment of fees.”
- Download and fill the form, and send it with your claim papers.
If you are unsure whether you match the rules, ask the court clerk. They do not offer legal guidance, but they can point you to the correct form and list the steps.
Hidden Tip #2: Time Your Claim and Amount Strategically
In some areas, the fee changes with the sum you ask for. A small change in your number might put you in a lower fee range.
Check the fee ranges
Many courts use fee schedules such as:
• $0–$1,500 → Fee A
• $1,501–$5,000 → Fee B
• $5,001–$10,000 → Fee C
If your amount is near a break point, think if it helps to lower your claim a bit or split it for separate cases (if rules allow). For example, if you are owed $1,520 and lowering it to $1,495 drops the fee, the extra $25 might not be worth it.
Always check your state’s limit for small claims. If your claim is too high, you might need a different court.
Factor in interest and costs carefully
Some states let you claim:
• Pre-judgment interest
• Court costs that may cover the filing fee
• Certain rules charges
However, if you round or gauge too high, you might fall into a higher fee range. Be precise and cautious with your estimates to stay in a lower bracket.
Hidden Tip #3: Recover Your Filing Fee from the Defendant
If you win your case, you may be able to reclaim the filing fee.
Court costs may join the judgment
Many courts let the winner get back:
• The filing fee
• Costs to serve the defendant
• Other reasonable case expenses
If you win:
• The judge may add the fee to what the defendant owes.
• In some areas, you need to list it as part of “court costs” on your claim form.
To do this well:
• Keep your filing receipt safe.
• When asked by the judge, state:
“I ask for damages of $X along with court costs, which include the filing and service fees.”
If you settle before the hearing, you can ask that the fee be part of your settlement.
Hidden Tip #4: Avoid Common Mistakes That Waste Your Filing Fee
Paying the fee is hard when a simple mistake leads to dismissal. Avoiding these errors saves both money and time.
Ensure you are suing the right party
If you target the wrong person or group, your case may be dropped. In that event, you might need to file again and pay another fee. Check these details:
• The exact legal name of the person or business
• If the business is a corporation, LLC, or run by an individual
• The registered agent details (if needed)
You can check:
• Your state’s business database
• The Secretary of State’s website
• Public business licensing sites
File in the right court and area
Small claims courts usually have rules about:
• Where to file (county or district)
• What kinds of cases they hear
• The money limits for claims
Filing in the wrong spot can dismiss your case and the fee might not be returned. To avoid this, review the court’s rules. You generally must file where:
• The defendant lives or works
• The event took place (for instance, where a contract was made or broken)
Use the proper forms and fill them in completely
Incomplete forms cause delays, rejections, or extra trips to court—and extra fees. Take your time with:
• The Claim or Complaint form
• Any attachments like contracts, invoices, or photos
• Your contact details (phone, address, email if allowed)
If the court provides sample forms or instructions, read them well before you file.
Hidden Tip #5: Cut Other Costs Tied to Your Filing
The filing fee is one cost among many. You can save further by reducing additional expenses.
Select the least expensive method for service
After filing, you must tell the defendant about the case. Options often include:
• Sheriff service (flat fee)
• A private process server (fee varies)
• Certified mail (sometimes allowed and cheaper)
• Service by an unrelated adult (in some states)
Check local rules to know if certified mail or sheriff service is cheaper and acceptable. If you have more than one choice, pick the one that is both trusted and low-cost.
Get your evidence in order to avoid delays
Showing up unprepared may force a reschedule. That can mean missing work or paying extra fees. Save costs by:
• Arranging your documents (like contracts, receipts, or photos) in clear order
• Labeling exhibits clearly
• Bringing extra copies for the judge and the defendant
Good preparation can cut extra fees and boost your chance to win.
Hidden Tip #6: Look at Alternatives Before Paying the Filing Fee
Sometimes, just getting ready to file or mentioning your case can solve the dispute without the fee.
Send a strong demand letter first
Many courts ask that you send a demand letter before filing a claim. Even if it is not required, it is a wise step. A good letter should:
• Explain what happened
• State the sum you are owed
• Mention what proof you have
• Set a clear deadline (for example, 10–14 days)
• Hint that if you do not receive payment, you will file in small claims court
A written letter can make the other side think twice. They may also see that they could end up having to pay your fee if they lose.
Use free or low-cost mediation
Some areas have mediation services that cost little or nothing. Mediation can:
• Solve the issue more quickly
• Help avoid the fee if you have not yet filed
• Create a written agreement that is easier to follow
Check your local court’s page for “mediation,” “dispute resolution,” or “community mediation center.”
Step-by-Step: Filing in Small Claims While Cutting Costs
Here is a clear plan to manage the fee and other costs:
- Research your claim
• Check that your case fits in small claims
• Note the money limits and deadlines - Pick the right defendant and court
• Confirm names and addresses
• See which county or district you need - Look for ways to avoid or delay the fee
• Write a detailed demand letter
• Consider mediation options - Check for fee waivers
• Get the fee waiver or in forma pauperis form
• Gather proof of income or benefits
• Send it with your claim - Calculate your claim amount smartly
• Look at fee ranges
• Decide if a small change keeps you in a lower range - File your claim correctly
• Fill out all forms carefully
• Make copies for your own records
• Pay the fee or send your waiver request - Serve the defendant in a cost-smart way
• Use certified mail or sheriff service if allowed and cheaper
• Keep all receipts - Prepare well for the court hearing
• Organize your evidence
• Practice a clear and short case explanation
• Be ready to ask for judgment plus court costs
FAQ: Common Questions About Small Claims Fees and Costs
1. How can I lower my small claims court filing fees?
You might lower fees by:
• Requesting a fee waiver or reduction if you have little income
• Keeping your claim in a lower fee range when it is legal to do so
• Choosing cheaper methods for serving the defendant (like certified mail if allowed)
• Settling the dispute with a demand letter or mediation before filing
Always review your local court’s fee list and waiver rules.
2. Is the filing fee refunded if I win?
Usually, the filing fee is not given back by the court. Instead, if you win, the judge may order the defendant to pay:
• The fee
• The cost for service
• Other related expenses
You will still need to collect the money through garnishment, payment plans, or liens if the defendant does not pay on their own.
3. Can I recover court costs if I settle out of court?
Yes, you can sometimes agree that the other side covers court costs as part of a settlement. For example:
• If you have filed the case, ask that they reimburse the fee and service costs
• Put your agreement in writing to show how much is for the dispute and how much is for court costs
If you settle before you file, then no court fee applies; that is one reason to try sending a demand letter first.
Take Control of Your Case and Your Costs
The small claims process is built to be accessible. Many people pay more or give up because they do not know the process can bend to fit their needs. By learning how the fee works, checking for waivers, planning your claim amount, and avoiding common errors, you can cut your out-of-pocket costs and boost your chance to get paid.
If you are facing a dispute, start with these steps:
• Visit your local court’s page on small claims and fee waivers
• Write a detailed demand letter
• Gather the documents that support your story
Start today. The sooner you act, the sooner you may solve your problem before needing to file or file with lower fees and a higher chance of success.
About the Publisher
This article is part of an independent legal-tech publishing initiative focused on dispute resolution, small claims processes, and consumer access to justice.
Additional resources and research are available at pettylawsuit.com.