Small claims filing cost calculator

What it actually costs to sue in small claims

Small claims court is designed to be accessible — no lawyers required in most states, fast hearings, limited discovery — but it's not free. The full cost of filing a small claims suit and collecting on a judgment includes a filing fee, a service fee to deliver the summons to the defendant, and almost always a second round of fees to actually collect if the defendant doesn't pay voluntarily.

Filing fees by state

Filing fees are scaled to claim size in most states — a small claim costs less to file than a larger one. California charges $30 for claims under $1,500, $50 for claims $1,500–$5,000, and $75 for claims above $5,000. Texas Justice Court is a flat $54 regardless of amount. Illinois tiered fees can exceed $250 for larger claims. New York City is among the cheapest at $15–$20. Check your court's fee schedule — it's almost always on the judicial-branch website.

Service fees

You have to formally notify the defendant that they've been sued. This is called service of process. Your options, in rough order of cost:

• Certified mail through the clerk ($15–$25) — cheapest and slowest; only works if the defendant signs for the mail.
• Sheriff or constable ($40–$75) — reliable but can take 2–6 weeks. Good for local defendants with a stable address.
• Private process server ($75–$150) — fastest (sometimes same-day), best for reluctant or hard-to-find defendants. Most states require the server to be a disinterested adult over 18.

Multiply the service fee by the number of defendants you're suing. If you're suing a business, you typically serve the registered agent listed on the Secretary of State site, not every owner.

Judgment collection

A judgment is a piece of paper that says the defendant owes you money. It doesn't make them pay. If the defendant doesn't voluntarily satisfy the judgment, you need:

• Abstract of judgment — recorded with the county, creates a lien on any real estate the defendant owns or acquires for 5–20 years.
• Writ of execution / levy — directs the sheriff to seize non-exempt assets, bank accounts, or vehicles.
• Wage garnishment order — takes a percentage of the defendant's paycheck, typically 25% of disposable earnings.

Each of those has a filing fee of $20–$50. Plan on roughly $40 total for basic collection unless you're going after out-of-state assets.

When small claims isn't worth it

If your claim is under $500 and the defendant is hard to find or doesn't have a steady income or bank account, you can easily spend more filing and chasing than the judgment is worth. Small claims works best when the defendant has a job, a bank account, or real estate — and when the amount in dispute is big enough to justify 3–6 months of your own time. If the defendant is judgment-proof (no job, no assets, no house), even a clean win collects nothing.

Cheaper alternatives to try first

Before filing, send a demand letter — the version with "intent to file suit in small claims court" as the subject line. Many defendants pay once they see a formal demand. Certified mail with return receipt costs under $10 and gives you documentation for the hearing. Online mediation services like Modria and some state court ODR platforms are free or low-cost and can resolve disputes without a court filing at all.