Court Filing Fees in 2026: What It Costs to File a Lawsuit by State

Before you can walk into a courthouse and officially start a lawsuit, you have to pay to get in the door. Court filing fees are the fees courts charge to accept your initial paperwork, and in most states they vary quite a bit depending on which court you file in, how much money you are asking for, and what kind of case you have. People are often surprised by how much these fees cost and equally surprised to learn that in many cases they can get those fees waived if they cannot afford them. Whether you are considering suing a contractor who left your roof half-finished or trying to recover a security deposit your landlord refuses to return, knowing the fee landscape before you file saves you from sticker shock at the courthouse window.

Why Filing Fees Vary So Much from State to State

Court filing fees are set by state legislatures, which is why they differ so dramatically across the country. California and New York tend to have higher fees than rural Midwest states. Some states calculate fees based on the dollar amount of your claim. Others charge a flat fee regardless of claim size. And some courts use a tiered structure where the fee increases as the claim amount rises past certain thresholds.

The type of court you file in matters just as much as the state. Small claims courts charge the lowest fees, often between $30 and $100, because they are designed to be accessible without a lawyer. Limited civil courts, which handle claims too large for small claims but below a certain ceiling, typically charge $200 to $400. Superior courts, which handle the largest civil cases with no upper dollar limit, can charge $400 to $500 or more just to open a case file. Federal courts charge their own set of fees and are generally more expensive than state courts for similar matters.

Small Claims Court Fees: The Lowest Cost Entry Point

Small claims court filing fees are typically the most affordable option for people with disputes under a certain dollar amount. In most states, filing in small claims costs between $30 and $100. California charges $30 to $75 depending on the claim amount. Texas charges $46 to $109. New York City small claims filing costs $15 to $20. Florida charges around $55. These fees are intentionally kept low because small claims court is meant to give everyday people access to a judge without needing to spend money on attorneys.

Keep in mind that small claims courts have limits on how much you can sue for, and those limits vary significantly by state. California allows claims up to $12,500 for individuals. Texas allows up to $20,000. Some states cap it at $5,000 or $7,500. If your dispute involves more money than the small claims limit in your state, you will need to file in a higher court and pay a correspondingly higher fee, or you can choose to reduce your claim to fit within the small claims limit. Use our small claims court limit lookup tool to see the exact ceiling in your state before deciding where to file.

Civil Court Filing Fees for Larger Claims

Once your claim exceeds the small claims limit, you move into limited civil court or general civil court depending on the state. These courts handle disputes ranging from a few thousand dollars up to amounts with no ceiling at all. The fees reflect the added complexity of these cases. In California, filing a civil case in superior court costs $225 for claims up to $10,000, $370 for claims between $10,000 and $25,000, and $395 or more for claims above $25,000. In New York, filing in Supreme Court costs $210. In Illinois, the general civil court filing fee is around $337.

Beyond the initial filing fee, courts charge additional fees for various steps in a lawsuit. Serving the defendant with legal papers typically costs $30 to $100 through a process server or the sheriff's office. If you need to file a motion, each motion may carry its own fee. If the case goes to trial and you want a jury, most states charge a separate jury fee. These additional costs add up quickly in a contested civil case, which is one reason the full cost of litigation is considerably higher than the initial filing fee alone.

How Fee Waivers Work and Who Qualifies

If you cannot afford court filing fees, you do not necessarily have to give up on your case. Every state offers a fee waiver process, often called an "in forma pauperis" petition or a fee waiver application. You fill out a form disclosing your income, assets, and expenses. The court then decides whether you qualify. Most states use income at or below 125% to 200% of the federal poverty guideline as the general threshold, though the exact standard varies by state.

If the court grants your fee waiver, you can file your case for free. The waiver typically covers the initial filing fee and may also cover fees for serving papers on the defendant. It does not cover attorney fees if you hire one, though many fee waiver filers represent themselves. Our guide to court fee waivers walks through the application process in detail, including what documents to bring and what courts look for when reviewing these requests.

What Happens to Filing Fees If You Win

In many civil cases, the losing party can be ordered to pay the winning party's court costs, which include filing fees. This is called "costs of suit" or "court costs," and it is different from attorney fees. Even when a court does not award attorney fees to the winner, it will often order the loser to reimburse the winner's filing fees, service costs, and certain other expenses directly related to bringing the case.

Some types of cases have statutes that go further and allow winners to recover attorney fees in addition to court costs. Wage theft cases, consumer protection claims, and certain landlord-tenant disputes often carry fee-shifting provisions that make it financially worthwhile to hire an attorney even when the disputed amount is modest. If you are owed unpaid wages, our wage theft calculator can help you estimate your potential recovery, including penalties that often exceed the original unpaid amount.

Federal Court Filing Fees vs State Court Filing Fees

Federal courts charge their own filing fees set by the federal Judicial Conference, and they tend to be higher than most state court fees. As of 2026, the filing fee for a civil complaint in federal district court is $405. Filing a notice of appeal costs $605. These fees apply regardless of how much money is at stake in your case. Federal courts also have their own fee waiver process for low-income filers, but the threshold and procedure differ from state courts.

Most disputes between private parties, like landlord-tenant issues, contractor disputes, and personal injury claims, are filed in state court rather than federal court. Federal court is generally reserved for cases involving federal laws, constitutional issues, disputes between citizens of different states where the amount exceeds $75,000, or cases where the federal government is a party. Unless your dispute clearly falls into one of those categories, state court is where you will be filing.

Service of Process Costs Beyond the Filing Fee

After you file your lawsuit, the defendant has to be officially notified through a process called service of process. This is not optional, it is legally required before the case can proceed. Service costs money, and courts do not include it in the initial filing fee. Depending on your state and the method of service, the cost ranges from around $30 for certified mail service in states that allow it to $80 to $150 for personal service through a licensed process server or the county sheriff.

If the defendant is hard to find or actively avoids being served, you may need to hire a skip trace service to locate them first, which adds to your costs. Some states allow "substitute service" on a family member at the defendant's home after multiple failed attempts at personal service. Others require you to go back to court and get permission to serve by publication in a newspaper if the defendant truly cannot be located. All of these steps have their own costs that are separate from the filing fee you paid on day one.

Calculating Total Costs Before You Decide to Sue

Filing fees are just one part of the financial picture when deciding whether to pursue a lawsuit. Before you commit, it is worth adding up the realistic total cost: filing fee, service costs, any motion fees, potential jury fees, your time preparing documents, and if you hire an attorney, their fees. Then compare that total to the realistic amount you are likely to recover and the probability that you will actually collect if you win.

Winning a judgment is not the same as collecting money. If the person you sue has no assets and no steady income, a judgment may be very difficult to turn into actual cash regardless of how strong your legal case is. Our full guide to the cost of suing someone covers the collection problem in detail, including how wage garnishment and bank levies work after a judgment. Use our court fee calculator to look up the exact filing fee for your state and court type before you decide how to proceed.