Introduction
Small claims court is an affordable and accessible way to resolve minor disputes, but understanding the associated costs is essential. While small claims court is typically less expensive than higher courts, fees can vary depending on the jurisdiction, claim amount, and services required.
This guide breaks down the typical costs of filing a case in small claims court, including filing fees, service of process charges, and additional expenses.
1. Filing Fees in Small Claims Court
Filing fees are the primary cost of initiating a case in small claims court. These fees vary based on the claim amount and jurisdiction.
United States
- Up to $1,000: $15–$50
- $1,001 to $5,000: $50–$100
- $5,001 to $10,000: $75–$300
Canada
- Ontario: CAD $102 for claims up to $35,000
- British Columbia: CAD $100 for claims up to $5,000
United Kingdom
- England and Wales: £35 for claims up to £300, scaling to £410 for claims up to £10,000
Australia
- New South Wales: AUD $50–$150, depending on claim amount
2. Service of Process Fees
After filing, the defendant must be notified of the claim. The costs for serving documents vary:
- Certified Mail: $10–$20 (if allowed by the court).
- Process Server: $50–$100.
- Sheriff’s Service: $50–$75.
3. Additional Costs
Court-Ordered Mediation
- Some courts mandate mediation before proceeding to a hearing. Costs vary but are often included in the filing fee.
Document Preparation Fees
- If you require assistance preparing forms, expect to pay $50–$200 for professional services.
Judgment Enforcement
- Winning a case doesn’t guarantee payment. Enforcing a judgment may incur additional costs:
- Garnishment Fees: $20–$50.
- Property Liens: $10–$50 for filing.
4. Fee Waivers
Many jurisdictions offer fee waivers for individuals with low income. To apply:
- Complete a fee waiver application (often available on the court’s website).
- Provide proof of financial hardship.
5. Example Costs by Jurisdiction
| Jurisdiction | Filing Fee | Service Fee |
|---|---|---|
| California (U.S.) | $30–$75 | $10–$100 |
| Ontario (Canada) | CAD $102 | CAD $50–$75 |
| England and Wales (U.K.) | £35–£410 | £50–£100 |
| New South Wales (Australia) | AUD $50–$150 | AUD $50–$100 |
6. Frequently Asked Questions
1. How much does it cost to file a claim in small claims court?
Filing fees typically range from $15 to $300, depending on the claim amount and jurisdiction.
2. Are there additional costs beyond filing fees?
Yes, you may need to pay for serving documents, mediation, or enforcing a judgment.
3. Can I recover filing fees if I win my case?
Yes, courts often allow the winning party to recover filing and service fees from the losing party.
4. What happens if I can’t afford the filing fee?
Apply for a fee waiver to have filing fees reduced or waived based on financial need.
5. Are businesses charged higher fees than individuals?
Some jurisdictions charge businesses higher fees or set lower claim limits for them.
6. Do I need to pay if the defendant appeals?
Yes, there may be additional fees for appeals, which vary by jurisdiction.
7. Conclusion
The cost of small claims court is generally affordable, making it an accessible option for resolving disputes. Filing fees, service costs, and potential additional charges vary by location and case specifics. By understanding these costs and exploring fee waivers or recovery options, you can navigate the process confidently and budget effectively.