Filing a small claims case in California is designed to be affordable and accessible.
However, the exact cost depends on how much you are suing for and how often you file cases.California Small Claims Court process
This guide explains California small claims court filing fees for 2026, additional court costs you should expect, and what to do if you cannot afford the fees.
Table of Contents
How Much Are Small Claims Court Filing Fees in California?
California uses a tiered filing fee system based on the amount of your claim.
the amount you are suing for
Small Claims Filing Fees (Plaintiff)
| Claim Amount | Filing Fee |
|---|---|
| $1,500 or less | $30 |
| $1,500.01 – $5,000 | $50 |
| $5,000.01 – $10,000 | $75 |
These fees apply per case, not per defendant.
📌 Most individuals in California small claims court are limited to claims of up to $10,000.
Higher Filing Fees for Frequent Filers
If you have filed more than 12 small claims cases in California within the past 12 months, the filing fee increases to:
- $100 per case, regardless of the claim amount
This rule mainly affects:
- Businesses
- Landlords
- Professional or repeat plaintiffs
Do Defendants Have to Pay Filing Fees?
- ❌ No fee to respond to a small claims lawsuit
- ✅ Yes, a filing fee is required for counterclaims
Counterclaim fees follow the same fee schedule as plaintiff filings.
Additional Small Claims Court Costs to Expect
Filing fees are only part of the total cost. You may also need to budget for the following:
Service of Process Fees
You must legally notify the defendant of the lawsuit.
Common service methods and costs:
- Sheriff service: approximately $40–$60
- Private process server: $50–$100 or more
- Clerk service by certified mail (if available): varies by county
Appeal Filing Fees
If a case is appealed:
- Appeal filing fee is typically around $75
- Appeals are usually available only to defendants
Can You Get a Fee Waiver in California Small Claims Court?
Yes. California allows eligible individuals to request a court fee waiver.
You may qualify if:
- You receive public assistance (SSI, CalFresh, Medi-Cal, etc.)
- Your household income is below state limits
- Paying the fee would cause financial hardship
How to Request a Fee Waiver
File Form FW-001 (Request to Waive Court Fees) with your case.
If approved, the court may waive:
- Filing fees
- Service of process fees
- Other court-related costs
Are Small Claims Court Filing Fees Refundable?
No.
Once your case is filed, filing fees are non-refundable, even if:
- You dismiss the case
- The case settles before the hearing
- The defendant pays voluntarily
Can You Recover Filing Fees If You Win?
Yes.
If you win your case, the judge may order the defendant to reimburse:
- Filing fees
- Service costs
- Other allowable court expenses
⚠️ Reimbursement is not automatic. You should clearly request these costs during your hearing.
Do Filing Fees Vary by County in California?
The base filing fees are statewide, but counties may differ in:
- Accepted payment methods
- Service options
- Local filing procedures
Always check your county’s small claims court website before filing.how to file a small claims case in California
FAQ
How much does it cost to file a small claims case in California?
Filing fees range from $30 to $75, depending on the amount you are suing for. Frequent filers may pay up to $100 per case.
Can I get a fee waiver for California small claims court?
Yes. If you meet income or public benefit requirements, you can request a fee waiver using Form FW-001.
Are small claims court filing fees refundable?
No. Filing fees are non-refundable once your case is submitted.
Do defendants pay filing fees in California small claims court?
Defendants do not pay to respond, but must pay a filing fee if they file a counterclaim.
Can I recover court costs if I win?
Yes. Judges may order the losing party to reimburse filing fees and service costs if you request them.what to expect during the small claims court process
Author Disclosure
Written by Emily Carter, J.D.
Housing law researcher and Small Claims Court specialist with over 8 years of experience in landlord–tenant disputes.
This content is for educational purposes only and does not provide legal advice.
Related Guides
👉 How to File a Small Claims Case in California
👉 California Small Claims Court Limits: How Much Can You Sue For?
👉 California Small Claims Court: Process, Limits, and What to Expect