What court fees are and why you pay them
Court fees are charges the court system collects when you file a case, request a document, or take certain actions in court. They are not fines or penalties — they are the cost of using the court's services and staff. Every state sets its own fee schedule, and fees vary by the type of case, the county where you file, and what you are asking the court to do.
When you file a civil case (like a small claims dispute or contract disagreement), you pay a filing fee upfront. If you need certified copies of court documents, you pay a per-page fee. If you ask the court to issue a subpoena or serve papers on the other party, those carry separate charges. Some courts also charge fees to file motions, request hearings, or appeal a decision.
Court fees go into the court's operating budget. They help pay for judges, clerks, court reporters, building maintenance, and the systems that keep cases moving. Unlike taxes, which everyone pays, court fees are paid only by people who use the court system.
Key Takeaways
- Filing fees for civil cases range widely by state and county, but small claims cases typically cost between $50 and $300 to file.
- You usually pay the filing fee when you submit your case to the court clerk, and the court will not process your case until payment is received.
- Additional fees explore for certified copies of documents, subpoenas, appeals, and certain motions — check your court's fee schedule before filing.
- If you cannot pay court fees, you can ask the court for a fee waiver by submitting a form that shows your income and expenses.
- Fee waivers are decided by a judge or court staff member, and approval depends on your financial situation, not on the strength of your case.
Filing fees for different types of cases
The fee you pay to start a case depends on what kind of case it is and where you file. Small claims cases (disputes under a set dollar amount, usually $5,000 to $10,000) cost less to file than civil lawsuits. A small claims filing fee might be $50 to $200, while a general civil case could be $200 to $500 or more. Probate cases, family law cases, and criminal cases each have their own fee structures.
Your county clerk's office publishes a fee schedule that lists every charge. You can find it on the court's website or by calling the clerk's office. Some courts charge a flat fee to file; others charge based on the amount of money in dispute. A few courts charge different fees depending on whether you are the person starting the case or responding to one.
When you file your case, the clerk will tell you the exact fee before you pay. If you do not pay, the court will not accept your filing. Payment methods vary by court — some take cash, check, or card in person; others accept online payment through their website.
Additional fees beyond the filing fee
Once your case is open, other costs can add up. If you need the court to send papers to the other party (called service), the court may charge a service fee, or you may need to hire a process server, which is a separate private cost. If you request a certified copy of a court document, you typically pay $1 to $3 per page plus a certification fee of $5 to $10.
If you file a motion (a formal request asking the judge to do something), some courts charge a motion fee of $50 to $100. If you appeal a decision to a higher court, the appeal filing fee is usually higher than the original filing fee — sometimes $200 to $500. Subpoenas, requests for transcripts, and requests to continue a hearing to a later date may also carry fees.
Before you file anything beyond your initial case, ask the clerk what it will cost. Courts post their complete fee schedules online, and the clerk can tell you exactly what you will owe for each step.
How to request a fee waiver if you cannot pay
If you cannot pay court fees because of your financial situation, you can ask the court to waive them. You do this by filling out a form — usually called an "process to Proceed In Forma Pauperis" or "Request for Fee Waiver" — and submitting it to the court. The form asks for your income, expenses, assets, and household size.
The court does not decide whether to grant a waiver based on your case's merits or likelihood of winning. The decision is purely financial: do you have the money to pay, or not? A judge or court staff member reviews your form and decides whether to waive the fees, reduce them, or require you to pay in full or in installments.
You can file a fee waiver request at the same time you file your case, or later if your financial situation changes. Some courts allow you to request a waiver online; others require you to submit it in person or by mail. If the court denies your waiver request, you can ask the judge to reconsider it, usually by filing a written objection.
Payment plans and installment options
Not all courts offer payment plans, but many will let you pay court fees in installments if you cannot pay the full amount upfront. You typically request this by asking the clerk or filing a motion with the court. The court may require you to make your first payment when you file and then pay the remainder over a set number of weeks or months.
If you miss an installment payment, the court may dismiss your case or take other action, so it is important to understand the payment schedule before you agree to it. Ask the clerk in writing what the consequences are if you miss a payment, and get a copy of the agreement for your records.
Payment plan availability varies by court and by case type. Some courts offer them routinely; others do not. Your first step is to ask the clerk whether your court allows installment payments and what the process is.
Fee schedules by state and county
Because every state and county sets its own fees, there is no single fee amount that applies everywhere. A small claims filing fee in one county might be $75, while the same type of case costs $200 in another county in the same state. Some states cap how high fees can go; others do not.
To find your court's fee schedule, start with your county clerk's website. Most clerks post a complete list of fees online. If you cannot find it online, call the clerk's office directly — they can tell you the exact cost for your type of case. If you are filing in a different county or state, contact that court's clerk before you file so you know what to expect.
Court websites also often include information about fee waivers, payment plans, and how to pay. Some courts have a dedicated page for people who cannot pay fees. If you do not see this information on the main website, search for "fee waiver" or "in forma pauperis" on the court's site, or call and ask.
What happens if you do not pay court fees
If you file a case without paying the filing fee, the court will not process it. The clerk will return your documents and ask you to pay before they will accept your filing. Your case does not officially start until the fee is paid and the clerk stamps your filing as received.
If you are ordered to pay court costs as part of a judgment (for example, if you lose a case and the judge orders you to pay the other side's court fees), and you do not pay, the other party can take steps to collect the debt. This might include garnishing your wages, placing a lien on your property, or taking you back to court for non-payment.
If you cannot pay fees, do not ignore the bill. Contact the court and ask about a fee waiver or payment plan. Courts are accustomed to handling these requests, and most have processes in place to help people who genuinely cannot afford to pay.
Frequently Asked Questions
Can I get a fee waiver if I have a job but do not make much money?
Yes. Fee waivers are based on your total income and expenses, not on whether you work. If your income is low enough that you cannot afford to pay court fees after covering basic living expenses, you may be granted a waiver even if you are employed. The court looks at your household income, rent or mortgage, utilities, food, and other necessary costs.
Do I have to pay court fees if I am the defendant and did not start the case?
Usually no. The person who files the case pays the filing fee. However, if you file a counterclaim (a claim against the other party), you will owe a filing fee for that counterclaim. If you lose and the judge orders you to pay the other side's court costs, you may owe fees then.
What if the court denies my fee waiver request?
You can object to the denial in writing and ask the judge to reconsider. You can also ask the court about a payment plan instead. If you still cannot pay, contact a legal aid organization in your area — they sometimes help people pay court fees or represent them for free.
Are court fees the same in small claims court and regular civil court?
No. Small claims court fees are almost always lower because the cases are simpler and involve smaller amounts of money. Filing a small claims case typically costs $50 to $200, while filing a regular civil case costs $200 to $500 or more, depending on your state and county.
Can I pay court fees online?
Many courts now accept online payment through their websites, but not all. Check your court's website to see if online payment is available. If not, you can usually pay in person at the clerk's office, by mail with a check, or sometimes by phone. Call the clerk to ask what payment methods they accept.