How to Estimate the Cost of a Small Claims Suit

While a small claims case is less expensive than filing a suit in a higher court, you should still estimate the cost and budget appropriately. With fees required for almost every form you file, the cost can add up quickly.

Instructions

Difficulty: Easy

Things You’ll Need:

• List of court fees
• Calculator

Estimate How Much a Small Claims Suit Will Cost

1. Visit the Web site for the court in which you are going to file the small claims suit. If you need help finding a link to your court, try the National Center for State Courts (see Resources below).
2. Find the fees for the basic small claims suit. At the very least, you should include the fee to file the claim and the fee to serve the defendant. This information can usually be found along with a list of forms that need to be filed.
3. Add legal costs to your estimate. While you won't know exactly how much your overall fees will be, you should have a lawyer prepare a written estimate before you hire one. Remember that you can ask the judge to have the other party pay your legal fees if you win.
4. Factor in travel costs. If you are filing a claim out of state, airfare and accommodations will weigh heavy on your overall estimate. Otherwise, you may only need to include your actual transportation costs to get to court.
5. Remember to include witness fees if you are paying any experts to testify on your behalf.
6. Visit Nolo's Web site for more information on small claims court (see Resources below).

Tips & Warnings

• If you cannot afford court fees, you may request a waiver of fees from the court. Ask the court clerk for the proper waiver form for each document you have to file. You may have to show proof of income.
• If the defendant decides to transfer the case to a higher court or a jury trial, then he or she must pay the transfer fees.
• Don't forget extra fees for mediators if you choose to go that route.
• Trying to collect the judgment if you win is often very costly. You should consider the time and money spent on collections when you estimate how much your overall cost will be.