The cost to take someone to small claims court varies by jurisdiction and the amount you are claiming. Generally, you will pay an upfront court fee when you file your claim, plus a hearing fee if your case goes to court. In the UK, for example, court fees range from £35 for claims up to £300 to £455 for claims between £5,000 and £10,000, with additional hearing fees that depend on the claim amount. If you win your case, you typically get these fees refunded, but if you lose, you will have to pay them. In the US, small claims court filing fees typically range from about $30 to $150 depending on the state and claim amount. For example, in California, filing fees are between $30 and $100. You usually won't recover attorney fees, as small claims courts are designed for self-representation. In Canada, the filing fees in small claims court can also vary; for instance, they might be around CAD 108 for filing a claim, with additional fees for trial dates and default judgments. Fee waivers may be available if you qualify financially. It is important to consider possible extra costs such as paying for witnesses' travel, expert evidence, and potentially the other party’s expenses if you lose. If using a lawyer, legal costs are generally not recoverable in small claims court. Exact costs depend on the local court rules, claim amount, and specific actions taken during the process. For a rough idea:
Jurisdiction| Claim Amount Range| Approximate Cost to File (Court Fee)|
Additional Fees
---|---|---|---
UK| Up to £300| £35| Hearing fee (~£27 for small claims)
| £5,000 to £10,000| £455| Up to £346 hearing fee
US (e.g., California)| Small claims ($30-$7,000)| $30 to $150| Possible
service fees, no lawyers
Canada| Filing a claim| CAD $108 or more| Additional fees for trial setting
If you win, the court fees are usually recoverable from the other party. If you lose, you may need to pay all fees yourself. Fee waivers or assistance may be available for low-income individuals. Always check the specific small claims court fees and processes where you live before starting a claim to budget accurately. Small claims courts aim to be low-cost and accessible but still involve some fees to cover court expenses. This gives a broad overview of costs to expect when taking someone to small claims court in 2025.
