What court fees are and who pays them

Court fees are charges the court system collects when someone files a lawsuit against you — typically for unpaid debts like credit card balances, medical bills, or personal loans. The person suing you (the plaintiff) pays the initial filing fee to start the case, but those costs often get passed to you if they win. If a judgment is entered against you, the court may add filing fees, service fees, and sometimes collection costs to the total amount you owe.

The amount varies by state and by court level. Small claims court — where cases under a certain dollar amount are heard — has lower fees than district court. A small claims filing might cost $50 to $300, while a district court filing can run $200 to $500 or more. If the case goes to appeal, additional fees apply.

You do not automatically have to pay the plaintiff's court fees just because they sued you. You only owe them if the court rules in their favor and specifically awards fees as part of the judgment. Some cases include language allowing the winner to recover "costs," which includes court fees; others do not.

Key Takeaways

  • Court fees are charges imposed by the court system when a lawsuit is filed; the plaintiff pays upfront, but you may owe them if you lose the case.
  • The amount depends on the court level and your state — small claims fees are typically $50 to $300, while district court fees are often $200 to $500 or higher.
  • You only owe the plaintiff's court fees if the judgment specifically awards them, which is not automatic in every case.
  • If you cannot pay a judgment that includes court fees, you can ask the court about payment plans or fee waivers based on your income.
  • Court fees are separate from attorney fees; the court does not automatically award attorney fees unless the contract or law allows it.

When court fees get added to a judgment

If you are sued and lose, the judgment document will list what you owe. Court fees appear on that judgment only if the plaintiff's attorney included a request for them and the judge approved it. The judge has discretion — they can award fees, reduce them, or deny them depending on the case and local rules.

Common fees that get added include the filing fee itself, the cost to serve you with papers (usually $50 to $200 depending on the method), and fees for court documents or certified copies. If the case went through multiple hearings or motions, each one may have generated a fee. Some courts also allow collection costs — fees charged by a collection agency or sheriff's office to enforce the judgment — to be added to what you owe.

The judgment will itemize these costs. If you receive a judgment and are unsure whether court fees are included, look for a line item labeled "costs," "court costs," or "filing fees." If you disagree with the amount, you have a limited window (usually 10 to 30 days depending on your state) to file a motion to reduce or strike the fees.

How much you might owe in different court types

Small claims court is designed for cases under a specific dollar limit — usually $5,000 to $25,000 depending on the state. Filing fees are lower, typically $50 to $300. Service fees (the cost to notify you of the lawsuit) are usually $50 to $150. If you lose in small claims, the total court costs added to your judgment are often under $500.

District court or civil court handles larger claims and more complex cases. Filing fees start at $200 to $500 and can go higher. Service fees are similar to small claims, but if the case involves motions, depositions, or multiple hearings, additional fees accumulate. A district court judgment might include $500 to $1,500 or more in court costs.

Appeals add another layer of fees. Filing an appeal costs $200 to $500 in most states, and if you lose the appeal, those fees may also be added to what you owe. Some courts charge fees for transcripts, which can run $100 to $300 depending on the length of the trial.

Payment plans and fee waivers if you cannot pay

If a judgment against you includes court fees and you cannot pay the full amount at once, you can ask the court for a payment plan. File a motion requesting an installment arrangement, and include information about your income and expenses. Many courts will allow you to pay the judgment — including court fees — over several months or even years, depending on the amount and your circumstances.

Some courts also offer fee waivers or reductions for people with low income. If you were already granted a fee waiver when the case was filed (meaning you could not afford to pay the filing fee yourself), the court may be less likely to award court fees against you in the judgment. If you did not receive a waiver but your financial situation has changed, you can still request one after the judgment is entered.

To request a payment plan or waiver, contact the court clerk's office and ask for the motion form. You will need to provide recent pay stubs, tax returns, or a statement of your income and debts. The judge will review your request and decide whether to grant it. This process is separate from any negotiation with the person who sued you.

Court fees versus attorney fees and collection costs

Court fees are what you pay the court system itself. Attorney fees are what you pay the other party's lawyer, and these are only awarded if the contract you signed, a specific law, or the judgment itself allows it. A credit card agreement might say the winner can recover attorney fees; a medical debt might not. The judge will not award attorney fees unless there is a legal basis to do so.

Collection costs are fees charged by a collection agency or sheriff's office to enforce the judgment — for example, to garnish your wages or seize property. These are separate from court fees but are often added to the total debt you owe. Some states cap collection costs; others do not.

When you receive a judgment, read it carefully to see which of these three categories appear. Court fees are the most straightforward to challenge or negotiate because they are set by the court system. Attorney fees and collection costs depend on the contract or state law, so your options are more limited.

How to respond if you receive a judgment with court fees

If you lose a case and the judgment includes court fees, you have a few options. First, check the judgment for accuracy — make sure the fees listed actually match what the court charged. If there are errors, file a motion to correct them within the deadline (usually 10 to 30 days).

Second, determine whether you can pay the judgment in full. If you can, paying quickly may prevent additional collection costs or interest from accruing. If you cannot, contact the court about a payment plan before the other party pursues collection actions like wage garnishment.

Third, if you believe the judgment itself was wrong — for example, if you were not properly served with the lawsuit or if you have a valid defense you did not raise — you may be able to file a motion to vacate the judgment. This is a high bar and must be done quickly, but it would eliminate the court fees along with the underlying debt. Consult with a lawyer if you think you have grounds for this.

Frequently Asked Questions

Can I negotiate court fees with the person who sued me?

Court fees are owed to the court system, not to the other party, so you cannot negotiate them away. However, if you settle the case before judgment, you can negotiate the total amount owed, which might include a reduction in court costs. Once a judgment is entered, your only option is to ask the court for a payment plan or fee reduction based on your income.

Do court fees get added automatically, or does the plaintiff have to ask for them?

The plaintiff's attorney must request court fees in their case filings, and the judge must approve them. They do not happen automatically. If the judgment does not mention court fees, you do not owe them. Check your judgment document carefully to see what is listed.

What happens if I ignore a judgment that includes court fees?

If you do not pay or arrange a payment plan, the other party can pursue collection actions like wage garnishment, bank account levies, or property liens. Court fees will remain part of the debt, and additional collection costs may be added. Ignoring the judgment does not make it go away.

Can I get a fee waiver after the judgment is already entered?

Yes, you can file a motion requesting a fee waiver or reduction after judgment if your financial situation qualifies. You will need to provide proof of income and expenses. The court will decide whether to grant it, but it is worth requesting if you cannot afford to pay.

Are court fees the same in every state?

No. Each state sets its own court fees, and they vary by court level and type of case. Small claims fees in one state might be $75, while in another they are $250. Check your state court system's website or ask the court clerk for the specific fees that apply to your case.