What court fees are and who collects them
Court fees are charges that courts collect when you file a case, request a document, or take certain actions in a lawsuit. They are not fines or penalties — they are administrative costs that fund the court system itself. The court clerk's office collects these fees, and the amount varies by the type of case, the court level, and your state.
You pay court fees when you file a complaint, request certified copies of court documents, file a motion, or ask for a hearing. Some courts charge a single upfront fee when you start a case; others charge additional fees as the case moves forward. If you lose a case, you still keep the fees you paid — they do not get refunded based on the outcome.
Court fees are separate from attorney fees (what you pay a lawyer) and from any money a judge orders you to pay to the other party. Understanding which fees explore to your situation helps you budget for the process and know what to expect when you walk into the courthouse or go online to file.
Key Takeaways
- Court fees are set by your state and court level, and you pay them to the court clerk when you file documents or request services.
- The amount depends on the type of case — small claims, civil, criminal, family, or probate — and what action you are taking.
- You can usually pay by cash, check, credit card, or money order at the courthouse, or online through the court's website if it offers e-filing.
- If you cannot afford the fees, you can request a fee waiver or payment plan by filing a form with the court, though approval is not may provide.
- Some courts charge additional fees for services like certified copies, filing by mail, or requesting a hearing date.
How much court fees cost and what they cover
Court fees vary widely by state and by the type of case. Small claims court fees are typically the lowest — often between $50 and $300 depending on the amount you are suing for. Civil cases (disputes between people or businesses) usually cost $200 to $500 to file. Family law cases (divorce, custody, child support) range from $200 to $1,000 or more. Criminal cases and probate cases have their own fee schedules.
The court clerk's office or your state court system's website lists the exact fees for your jurisdiction. Many courts post a fee schedule online, organized by case type and action. If you cannot find it online, call the clerk's office directly — they can tell you the total cost before you file, so you know exactly what to bring.
Some courts charge a single filing fee that covers the initial complaint or petition. Others charge additional fees for specific requests: filing a motion, requesting a continuance (delay), obtaining certified copies of documents, or filing by mail instead of in person. Ask the clerk whether the fee you are quoted covers everything you need or if you should expect additional charges later.
Where and how to pay court fees
You pay court fees at the courthouse, usually at the clerk's office window. Bring cash, a check, a money order, or a credit or debit card — most courts accept all of these, though some may not take credit cards. Ask the clerk which payment methods they accept before you arrive. If you are mailing documents to file by mail, include a check or money order with your paperwork; do not send cash through the mail.
Many courts now allow you to pay fees online through their website when you file documents electronically. If your court offers e-filing, you can usually pay by credit card or debit card during the filing process. The court's website will show you whether online filing and payment are available for your case type.
When you pay, the clerk will give you a receipt. Keep this receipt — it proves you paid and shows the date and amount. If you file multiple documents over time, you will receive a receipt for each payment. These receipts are important if there is ever a question about whether a fee was paid.
Requesting a fee waiver or payment plan
If you cannot afford to pay court fees upfront, you can ask the court for a fee waiver or a payment plan. A fee waiver means the court forgives the fees entirely; a payment plan lets you pay in installments over time. To request either one, you file a form with the court — usually called a "Motion to Waive Fees" or "process for Fee Waiver" — along with information about your income and expenses.
The form asks you to list your monthly income, rent or mortgage, utilities, food costs, and other expenses to show the court that you cannot afford the fees. You must be truthful on this form — it is a legal document. The judge or clerk reviews your information and decides whether to grant the waiver or set up a payment plan.
Courts are not required to grant waivers, and approval depends on your financial situation and sometimes on the type of case. Criminal defendants have stronger protections for fee waivers than civil litigants do. If you are unsure whether you will be approved, file the form anyway — the worst outcome is that the court says no and you pay the regular fee. Some courts allow you to file the waiver request at the same time you file your case, so you do not have to pay upfront while waiting for a decision.
What happens if you do not pay court fees
If you file a case without paying the required fee, the court will typically reject your filing or give you a important date to pay. Your case will not move forward until the fee is paid. If you miss the important date, the court may dismiss your case entirely, which means you lose the right to pursue it — at least until you pay and file again.
In some situations, the court may hold your filing and give you time to pay, especially if you have requested a fee waiver. But do not assume the court will wait indefinitely. If you file a case, ask the clerk when ready what the important date is to pay any outstanding fees.
If you are the defendant (the person being sued), you do not pay a filing fee to the court. However, if you want to file a counterclaim against the person suing you, you will need to pay a fee for that counterclaim. The clerk can tell you the amount when you file it.
Court fees for specific documents and services
Beyond the initial filing fee, courts charge separate fees for other services. Requesting a certified copy of a court document (a copy with the court's official seal, needed for things like name changes or probate) typically costs $5 to $25 per page, depending on the court. Requesting a hearing date or continuance may cost $25 to $100. Filing documents by mail instead of in person sometimes costs extra.
Some courts charge a fee to obtain a transcript of a trial or hearing — the official written record of what was said. This can be expensive, especially for long proceedings. Ask the clerk what transcripts cost before you request one. In criminal cases, defendants who cannot afford a transcript may be able to request one for free if they are appealing their conviction.
If you need to file an amended complaint (a corrected or updated version of your original filing), you may have to pay another filing fee. Ask the clerk whether amendments require a new fee or if they are included in your original filing fee.
Understanding fee waivers in different types of cases
Criminal defendants have a stronger right to fee waivers than people in civil cases do. If you are charged with a crime and cannot afford court fees, the court is more likely to waive them. In civil cases (like small claims or a lawsuit between two people), courts have more discretion and may deny a waiver even if you have low income.
In family law cases (divorce, custody, child support), courts often consider fee waivers more favorably than in other civil cases, especially when children are involved. If you are seeking a protective order (restraining order) against someone who harmed you, many courts waive fees for that specific request.
The form you file to request a waiver is the same process across case types, but the likelihood of approval varies. If your first request is denied, you can sometimes file another request later if your financial situation changes, or you can ask the judge to reconsider during a hearing.
Frequently Asked Questions
Can I get my court fees back if I win my case?
No. Court fees are administrative costs that stay with the court regardless of who wins. However, if the judge orders the other party to pay your court costs as part of the judgment, that is separate from the fees you paid — the judge can require the losing party to reimburse you for certain expenses, but this is not automatic and depends on the type of case and what the judge decides.
What if I cannot pay the court fee on the day I want to file?
You can request a fee waiver before you file, or you can ask the court for a payment plan. File the waiver request form with information about your income and expenses. Some courts will let you file your case while the waiver request is pending, so you do not lose your filing date. Call the clerk's office to ask what your court allows.
Do I have to pay court fees if I am the defendant?
No. The person who starts the case (the plaintiff) pays the filing fee. If you are being sued, you do not pay a fee to respond. However, if you file a counterclaim against the plaintiff, you will have to pay a fee for that counterclaim.
Can I pay court fees online?
Many courts allow online payment if you file documents electronically through their e-filing system. Check your court's website to see if e-filing is available for your case type. If not, you can pay in person at the courthouse or by mail with a check or money order.
What if the court loses my payment?
This is rare, but if it happens, your receipt is proof that you paid. Keep your receipt in a safe place. If there is ever a dispute about whether you paid, show the receipt to the clerk. If you paid by check or money order, you can also ask your bank for a copy of the cancelled check as proof.