1. Filing Fees for Small Claims Court in San Diego
The filing fee for Small Claims Court in San Diego is based on the amount of your claim. Below is the fee structure:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,500.01–$5,000 | $50 |
| $5,000.01–$10,000 | $75 (only individuals, not businesses, can claim more than $5,000) |
Important Note: If you’ve filed more than 12 small claims cases in the past 12 months, the filing fee increases to $100 per case, regardless of the claim amount.
2. Additional Costs You Might Incur
1. Service Fees
The defendant must be served with your claim, and you may need to pay for this process:
- Certified Mail by the Court: Approximately $15 per defendant.
- Personal Service by a Sheriff: Around $40–$50.
- Private Process Server: Fees vary but typically range from $50–$100.
2. Postponement Fees
If you need to reschedule your hearing, a fee of $10–$20 may apply, depending on the court’s policies.
3. Judgment Collection Costs
If you win and the defendant does not pay, you may incur additional fees to enforce the judgment, such as:
- Wage Garnishment Fees: Around $30.
- Bank Levy Fees: Around $40.
3. How to Pay Filing Fees in San Diego
- Online: Some San Diego courts offer online payment options.
- In-Person: Pay by cash, check, or credit/debit card at the courthouse.
- By Mail: Include a check or money order payable to the court when submitting your forms.
4. Fee Waivers
If you cannot afford the filing fees, you can request a fee waiver by completing and submitting a Request to Waive Court Fees (Form FW-001) along with your claim. Eligibility is based on your income and financial situation.
5. Where to File Your Small Claims Case in San Diego
File your case at the appropriate division of the San Diego Superior Court that serves the area where the defendant resides or where the dispute occurred.
Popular Locations:
- Central Division: 330 W Broadway, San Diego, CA 92101
- North County Division: 325 S Melrose Dr, Vista, CA 92081
- South County Division: 500 3rd Ave, Chula Vista, CA 91910
- East County Division: 250 E Main St, El Cajon, CA 92020
6. Frequently Asked Questions
Q1: Can I recover filing fees if I win?
Yes, if you win, the court may include filing fees and service costs in the judgment amount.
Q2: Are there other costs beyond filing fees?
Yes, you may need to pay for service of process, enforcement of judgment, or rescheduling fees.
Q3: What if I can’t afford the filing fee?
You can apply for a fee waiver using Form FW-001.
Q4: How long does the small claims process take in San Diego?
Most cases are resolved within 1–3 months from the filing date, depending on court schedules.
Q5: Can I file online in San Diego?
Currently, filing must be done in person or by mail, as online filing for small claims is not available.
7. Conclusion
Filing a small claim in San Diego is affordable and straightforward, with filing fees ranging from $30 to $75 depending on the claim amount. Understanding these costs and potential additional fees will help you budget effectively for your case. If affordability is an issue, fee waivers can make the process accessible to everyone.