The filing fee is the court's charge to officially open your case. It covers processing of your paperwork, scheduling your hearing, and maintaining the court record. Filing fees are paid by the plaintiff (the person filing) at the time of filing.

In most states, filing fees are tiered by claim amount — the more you're suing for, the higher the fee. For example, a state might charge $30 for claims up to $1,500, $60 for claims up to $5,000, and $90 for the maximum limit.

Can You Recover the Filing Fee?

If you win your case, the judge can order the defendant to reimburse your filing fee as part of the judgment. However, collecting a judgment is a separate step — winning in court doesn't guarantee payment.

Fee Waivers for Low-Income Filers

Most states offer a fee waiver (also called an IFP — In Forma Pauperis — application) for filers who cannot afford the fees. You'll need to submit a financial affidavit showing your income and expenses. See our state-by-state fee waiver guide for step-by-step instructions and income limits.

Frequently Asked Questions

What is the limit for small claims court?

Small claims court limits vary by state, ranging from $2,500 (Kentucky) to $25,000 (Tennessee and Delaware). About half of states set the limit between $7,500 and $15,000. Use the calculator above to find the exact limit in your state.

What is the maximum amount I can sue for in small claims court?

The maximum you can sue for depends entirely on your state. The highest limits are $25,000, in Tennessee and Delaware. The lowest is $2,500, in Kentucky. The median across the 50 states is $10,000. Always verify your state's current limit before filing.

How does small claims court work?

Small claims court is a simplified civil court for disputes involving modest amounts of money. You file a claim, pay a filing fee, serve the defendant, then attend a hearing where a judge rules. There are no juries and the rules of evidence are relaxed — most people represent themselves without a lawyer.

How much does it cost to file a small claims case?

Filing fees for small claims court typically range from $30 to $100 depending on your state and claim amount. Most states use a tiered fee structure — smaller claims cost less to file. Use our Small Claims Filing Fees calculator for the exact fee in your state.

Can I reduce my claim to fit under the small claims limit?

Yes — in most states you can voluntarily reduce (waive) the excess to bring your claim within the limit. For example, if you're owed $11,500 in a state with a $10,000 limit, you can file for $10,000 and waive the $1,500 difference. This is often worth it to avoid the higher cost and complexity of regular civil court.

What is the statute of limitations for small claims court?

Statutes of limitations vary by state and claim type. Written contract claims are typically 4–6 years; oral contracts are usually 2–4 years. Property damage claims follow their own deadlines. Always file before the deadline — a court cannot hear a time-barred claim regardless of its merits.

Do I need a lawyer for small claims court?

No — small claims court is specifically designed for self-represented parties. In fact, some states restrict attorney appearances in small claims hearings. The process is straightforward: file, serve the defendant, and present your case to a judge. Our how-to guides walk you through each step by state.

What happens if I win but the defendant doesn't pay?

Winning a judgment doesn't guarantee payment. If the defendant ignores the judgment, you can enforce it using wage garnishment, bank account levies, or property liens — but specific options depend on your state. See our Collect a Judgment guides for step-by-step state-specific instructions.

What types of cases can be filed in small claims court?

Small claims court handles monetary disputes such as unpaid debts, security deposit disputes, property damage, contractor disputes, minor auto accidents, and returned check claims. It cannot handle criminal matters, family law (divorce, custody), or claims above the state dollar limit.

Before You File — Get the Right Documents

Sending a demand letter before you file gets cases settled 40% of the time — no court fees, no hearing. If you do file, our court prep kit walks you through every step.

Send before you file