How much does small claims court cost?
How much does small claims court cost?
$1,000 – $5,000 average total cost
$30 – $200 small claims court filing fee
Average small claims court cost
Small claims court costs $1,000 to $5,000 total on average when you hire legal representation, depending on your location and their level of experience. Small claims court fees range from $30 to $200.
Small claims court offers an affordable and simpler way to resolve disputes involving limited money amounts without the complexities of a full civil trial.
| Cost category | Average price range | Details |
|---|---|---|
| Court filing fees | $30 – $200 | Paid up front to start the case |
| Attorney representation | $1,000 – $5,000 | Preparation, appeals, or complex cases |
Court filing fees
Small claims court filing fees cost $30 to $200, depending on your location. This fee reflects the administrative cost of filing your claim and can also vary based on the size of your claim.
Some states, like California, offer fee waivers for low-income individuals who can't afford filing fees. You may also be able to have the defendant reimburse you for filing fees if you win your case.
Small claims attorney fees
A small claims court lawyer costs $100 to $500 per hour or $1,000 to $5,000 total, including filing fees. While some states restrict lawyers from representing clients during the small claims trial, a lawyer can help by giving advice and preparing the case. They can also be involved in appeals or trial de novo.
What is small claims court?
Small claims court is a special court designed to resolve minor money disputes quickly and inexpensively, with relaxed procedural rules and no jury trials. Monetary limits for small claims range from $5,000 to $20,000, depending on your state or county regulations.
Small claims cases include situations like:
Unpaid loans or debts
Property damage disputes
Minor personal injury cases
Disputes over security deposits with landlords
Damage to property or services not provided as agreed
Cases involving unpaid rent or property damage, especially those related to COVID-19 rental debt
Fees for small claims
On top of the $30 to $200 in small claims court filing fees, you may pay extra for services like process serving or a consultation with an attorney before filing.
| Cost category | Average price range | Details |
|---|---|---|
| Attorney consultation | $100 – $400+ | Advice before court |
| Process serving | $40 – $100 | Payment for delivering court papers |
| Collection costs (optional) | $50 – $400+ | Charges for enforcing the judgment if defendant won’t pay |
Attorney consultation
Many people consult a lawyer for strategic advice before filing for small claims court, even if they don't plan on hiring them for the case. This fee costs $100 to $400 or more, and some lawyers include it in their overall fee if you decide to hire them.
Process servings
Delivering court papers to the defendant, or process serving, costs $40 to $100 on average. This cost covers formal paper delivery to defendants so they know you're suing them. Faster or farther service can increase the price.
Collection costs
If the winning party needs help enforcing a judgment, like garnishing wages, collection agencies or legal assistance might charge additional fees ranging from $50 to $400 or more.
Factors that affect small claims court fees
Several factors influence the total cost of pursuing a small claims case beyond basic filing fees:
Claim amount: Larger claims often require higher fees and may complicate proceedings.
Location: Fees vary from state to state and by the court's local rules.
Use of attorney: Hiring a lawyer increases costs but is especially useful for complex cases or appeals.
Appeals and post-judgment actions: If you don't think the judge's decision is fair, you can appeal it within a certain period of time established by the court. Pursuing appeals or collection enforcement adds expenses.
Other civil cases
Suing someone costs anywhere from $500 to $5,000 for small cases or up to $100,000 for serious personal injury cases. Taking someone to court over accidental or non-criminal acts is called civil litigation.
Civil litigation costs $150 to $550 per hour or $5,000 to $15,000+ for complex cases. Civil cases cover a wide variety of situations, including small claims court. Each type of case has a different estimated cost. For example, a defamation lawsuit costs $15,000 to $25,000+ total.
Pros and cons of small claims court
Small claims court offers a faster, simpler, and less costly way to resolve smaller financial disputes compared to traditional lawsuits. However, it has its own limitations and risks. Consider these factors carefully to help you decide if this is the best route for your claim.
| Pros | Cons |
|---|---|
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Alternatives to small claims court
Before filing a small claims suit, you may want to explore other options that could potentially resolve the issue faster and at a lower cost. Mediation and arbitration could be a good solution if the defendant is willing to work with you.
Demand letter: You or an attorney can send a formal letter demanding payment or action. This often prompts settlement discussions.
Mediation: Mediation costs $100 to $500 per hour, plus an upfront fee of $250 to $500. In mediation, a neutral third party helps both parties reach a settlement or agreement outside of court.
Arbitration: Arbitration costs $2,000 to $6,000. This is a private process where a third-party arbitrator makes a judgement on your case. This can be faster than court, but it may not be worth it if your claim is less than the arbitration fee.
How to prepare for small claims court
Preparation is critical for a successful small claims court experience. Start by gathering all necessary evidence, such as contracts, receipts, emails, text messages, photos, and other documents supporting your case. Organize your timeline and key facts clearly and draft a concise summary of your argument to present to the judge.
List any potential witnesses and ensure they are available for the hearing. Make multiple copies of your paperwork for the judge and the other party. Practice answering possible questions confidently and respectfully. Arrive early, dress appropriately, and maintain composure. Proper organization and clarity can dramatically improve your chances of winning.
Small claims court FAQs
How does small claims court work?
Small claims court provides a simplified process for resolving monetary disputes. Most small claims court cases follow the same basic procedure:
File a claim.
Pay a filing fee.
Notify the defendant.
Attend the hearing where both sides present their case.
Receive a judge's decision.
File an appeal (if necessary).
Do you need a lawyer for small claims court?
You do not always need a lawyer for small claims, and in many states, lawyers cannot represent you in the hearing. However, it's always smart to at least consult with a lawyer before filing or making an appeal.
Is it worth going to small claims court for $500?
Taking someone to small claims court for a relatively small sum can be worth it, depending on local filing fee amounts, whether you hire a lawyer, and how much you value your time. Weigh these against your chance of recovering the amount.
How long does small claims court take?
Small claims court can take anywhere from 2 to 6 months, depending on court schedules. This includes filing paperwork and a trial. If you or the dependent file an appeal after the judge makes a decision, the process will take even more time.
Does small claims court go on your record?
No, small claims court cases do not create or add to a person's criminal record. However, if you're the defendant in a case, the judgment can affect your credit if you choose not to pay it.
Where do you file small claims?
You can file in the local small claims court located in the jurisdiction where the defendant lives or where the dispute occurred.
What to look for in a lawyer
Follow these tips when trying to decide on a civil law attorney to help you prepare your case for small claims court:
Contact your local small claims court clerk for up-to-date fee schedules.
Look up reviews on Lawful and Google for attorneys near you.
Ask about payment methods and fee waivers if cost is a concern.
If considering a lawyer, request a consultation estimate up front.
Inquire about the typical timeline and any hidden costs you might face.
Questions to ask an attorney
When consulting a lawyer about small claims, be sure to ask:
What are your fees for consultation and possible appeal representation?
Can you assist with case preparation without attending the hearing?
Do you think hiring a lawyer is worth the cost for my claim amount?
Will you help me understand enforcement options if I win?
Are there any alternatives to small claims court you recommend?
How do you handle billing and what payment plans do you offer?
Using our proprietary cost database, in-depth research, and collaboration with industry experts, we deliver accurate, up-to-date pricing and insights you can trust, every time.