How Much Does It Cost to Sue Someone in 2026: Filing Fees, Attorney Costs, and Whether It Is Actually Worth It

Before anyone files a lawsuit, the cost analysis matters as much as the legal merits. A strong legal case with $5,000 in damages is not worth pursuing if it costs $8,000 in attorney fees and filing costs to take it through trial. Understanding what a lawsuit realistically costs at each level of the court system, what types of cases can be handled without an attorney, and what fee shifting rules might change the math is the starting point for any rational decision about whether to sue.

Small Claims Court: The Lowest-Cost Option

Small claims court is specifically designed to keep costs low by handling disputes involving relatively small amounts of money with simplified procedures and no requirement for attorneys in most states. Filing fees for small claims cases vary by state and claim amount but typically range from $30 to $75 for claims under $1,500 and from $75 to $200 for claims approaching the state limit.

California charges $30 to $75 depending on the number of filings the party has made in the previous 12 months. Texas charges $31 to $54 plus service fees. New York's small claims filing fee is $20 for claims up to $1,000 and $35 for claims between $1,000 and $5,000. These fees are manageable enough that small claims is often worthwhile for disputes in the $500 to $5,000 range where the claim is clear and documented.

Service of process adds a small cost. Serving the defendant requires either a process server, a sheriff, or certified mail depending on state rules. Process server fees typically range from $50 to $150 per defendant for straightforward service. If the defendant avoids service, costs increase.

State Civil Court: General Civil Division

Cases above the small claims limit move into the general civil division of state court. Filing fees here are higher and the process is more formal. Initial filing fees in state general civil court typically range from $100 to $400 in most states. California charges $225 to $435 for the initial complaint depending on the case type. Florida charges $401 for filing a general civil complaint. New York Supreme Court charges $210 for a complaint.

Beyond the initial filing fee, additional costs accumulate throughout a civil case. Service of process fees, filing fees for each motion filed, deposition transcript fees, expert witness fees, and trial-related costs can add up significantly. A case that proceeds through discovery and to trial in state court commonly incurs several thousand dollars in court costs alone, separate from any attorney fees.

Federal Court Filing Fees

Federal district court has a higher filing fee than most state courts. The current fee to file a civil complaint in federal district court is $405. Additional fees apply for appeals to the circuit courts of appeals and for petitions to the Supreme Court, where the filing fee is $300 for a petition for certiorari.

Cases that belong in federal court include claims arising under federal law, disputes between citizens of different states where the amount exceeds $75,000, and certain specialized categories like patent, copyright, bankruptcy, and securities claims. Parties who cannot afford the filing fee can apply for a fee waiver based on financial need.

Attorney Fees: The Largest Cost Variable

Court filing fees are minor compared to attorney fees in represented cases. Litigation attorneys charge by the hour, on contingency, or through flat fee arrangements depending on the type of case.

Hourly billing rates vary enormously by market, attorney experience, and case type. In major markets like New York, Los Angeles, and San Francisco, experienced civil litigators commonly bill between $400 and $800 per hour or more. In smaller markets or for less complex cases, rates of $150 to $350 per hour are more typical. A case that takes 200 hours of attorney time, which is not unusual for a case that goes through discovery and trial, produces an attorney fee of $30,000 to $160,000 or more.

Contingency fee arrangements allow plaintiffs to hire attorneys without paying upfront. The attorney receives a percentage of any recovery, typically 33 percent if settled before trial and 40 percent if tried and won. Contingency is available primarily in personal injury, employment discrimination, wage theft, and other claims where plaintiffs seek money damages. Contract disputes, business litigation, and cases seeking injunctive relief rather than money are usually not handled on contingency.

Fee-Shifting Statutes

American courts generally follow the rule that each side pays its own attorney fees regardless of who wins. Several important exceptions exist through specific statutes. Employment discrimination cases under Title VII allow prevailing plaintiffs to recover attorney fees from the defendant. Wage and hour cases under the FLSA require losing employers to pay the plaintiff's attorney fees. Consumer protection statutes including the Fair Debt Collection Practices Act and many state consumer protection laws include fee-shifting provisions.

In cases covered by fee-shifting statutes, the financial calculus changes significantly. A plaintiff with a valid claim does not need to worry about whether their damages are large enough to justify attorney fees, because the defendant will pay those fees if the plaintiff wins. This is why employment and consumer protection attorneys are willing to take small-dollar cases on contingency when the violation is clear.

Discovery Costs

Discovery is the pre-trial process of exchanging information between the parties. It is where most litigation costs accumulate in complex cases. Document review, depositions, interrogatories, and expert witnesses all involve significant expense. A deposition of a key witness involves the attorney's preparation time, the time spent taking the deposition, court reporter fees of several hundred to over a thousand dollars per session, and transcript costs.

Expert witnesses are essential in cases requiring technical knowledge the judge and jury do not possess. Medical experts, accident reconstruction experts, business valuation experts, and forensic accountants each charge for their time reviewing materials, preparing reports, and testifying. Expert fees commonly range from $3,000 to $30,000 or more per expert depending on their specialty and the complexity of the matter.

Realistic Assessment: When Suing Makes Sense

The analysis before filing any lawsuit should include the likely value of the claim, the realistic cost of pursuing it, the probability of winning, and whether the defendant can actually pay a judgment. A judgment against a person with no income and no assets is not worth the paper it is printed on, regardless of how clearly right you are.

Cases where suing makes clear economic sense include claims covered by contingency attorneys who believe in the case, disputes where fee-shifting will cover attorney costs, small claims cases with clear documentation and identifiable defendants with ability to pay, and large-value claims where the damages justify the litigation cost. Use our court fee calculator to look up the specific filing fees for your state and court type, giving you the first number in your total cost calculation.