What court fees are and who has to pay them

Court fees are charges the court system collects when you file a case, request a document, or take certain actions in court. They are not fines or penalties — they are the cost of using the court's services. Every state sets its own fee schedule, and fees vary widely depending on what you are doing: filing a small claims case costs far less than filing a civil lawsuit, and requesting a certified copy of a judgment costs less than filing an appeal.

You pay court fees when you initiate an action. If you are the person filing the case, you pay upfront. If you are the defendant and you file a counterclaim or a motion, you pay for that filing. Some courts allow you to pay by check, credit card, or electronic transfer; others require cash or money order. A few courts let you pay online through their website.

If you cannot afford to pay court fees, you can request a fee waiver or reduction. This is a formal request to the court, and the court decides based on your income and assets. The process and the court's decision vary by state and by the specific court.

Key Takeaways

  • Court fees are set by each state and vary by the type of case and the action you are taking — there is no single national fee amount.
  • You typically pay fees when you file a case or request a court action, and payment methods depend on your local court's procedures.
  • If you cannot afford fees, you can request a fee waiver or reduction by filing a motion with the court, usually at the time you file your case.
  • Fee waivers are decided by the judge based on your income and assets, and approval varies by court and by state.
  • Some courts waive fees for certain types of cases, such as domestic violence protective orders or cases involving minors.

Common court fees and what they cover

Filing fees are the largest court cost for most people. In small claims court, filing fees typically range from $50 to $300, depending on the amount you are suing for and your state. In civil court, filing fees are often higher — sometimes $200 to $500 or more. In family court, filing fees for divorce or custody cases vary widely but often fall between $200 and $500.

Beyond the initial filing fee, courts charge for specific requests and actions. Requesting a certified copy of a court document usually costs $5 to $25 per page. Filing a motion or a response costs money in some courts but not others. Requesting a continuance (a delay in your court date) may have a fee. Some courts charge for serving documents on the other party, though many require you to hire a process server instead, which is a separate private cost.

Appeal fees are separate and often higher than trial-level fees. Transcript fees — the cost of obtaining a written record of what was said in court — can run $100 to $500 or more depending on the length of the proceeding and your state's rates.

How to find out what your specific court charges

Your local court's website lists its fee schedule. Search for "[your county] court fees" or "[your state] court filing fees" and look for a document labeled "Fee Schedule" or "Court Costs." The schedule usually breaks down fees by case type: small claims, civil, family, criminal, probate, and so on.

If you cannot find the fee schedule online, call the clerk's office directly. The clerk can tell you the exact fee for your type of case and explain what payment methods the court accepts. Many courts have a dedicated phone line for questions about fees and filing procedures.

Some courts publish their fees in multiple languages. If English is not your first language, ask the clerk whether materials are available in your language, or whether the court provides an interpreter.

Requesting a fee waiver or reduction

To request a fee waiver, you file a motion with the court — usually called a "Motion to Waive Court Fees" or "Application for Fee Waiver." You submit this motion at the same time you file your case, or shortly after. The motion includes information about your income, expenses, assets, and household size. The judge reviews this information and decides whether to waive the fees, reduce them, or require you to pay in full.

The standard is usually whether you are unable to pay the fees without hardship. This does not mean you have to be homeless or destitute; it means the fees would create a real financial burden. Different judges interpret this differently, and different states have different rules about what counts as hardship.

Some states have a form you fill out; others let you write a letter explaining your situation. Check your court's website or call the clerk to find out what form or format your court requires. Filing the motion itself is usually free.

What happens if you cannot pay and do not request a waiver

If you file a case without paying the fee and without requesting a waiver, the court will typically dismiss your case or refuse to process your filing. You will have to pay the fee or request a waiver before the court will move forward.

If you are the defendant and the other party has paid to file against you, you do not have to pay that filing fee — the plaintiff already did. However, if you file a counterclaim or a motion, you will owe a fee for that action unless the court waives it.

Some courts allow you to pay fees in installments if you cannot pay the full amount upfront. Ask the clerk whether your court offers a payment plan.

Fee waivers for specific case types

Many states waive or reduce court fees for certain types of cases without requiring you to prove financial hardship. Domestic violence protective orders are often free to file. Cases involving minors — such as guardianship or adoption — may have reduced or waived fees. Some states waive fees for cases involving victims of human trafficking.

Check your state's court website or call the clerk to learn whether your type of case qualifies for an automatic fee waiver. If it does, you may not need to file a separate motion; the fee may be waived when you file.

Fees for appeals and post-judgment actions

If you lose your case and want to appeal, you will owe an appeal filing fee. This fee is separate from the original filing fee and is often higher. Appeal fees vary by state and by court level — appealing to an intermediate appellate court costs less than appealing to the state supreme court in most states.

You may also owe fees for post-judgment actions: requesting a stay of judgment (a pause in enforcement), filing a motion for a new trial, or requesting a transcript. These fees add up quickly in complex cases.

If you cannot afford appeal fees, you can request a fee waiver for the appeal as well. The process is similar to requesting a waiver for the original case.

Frequently Asked Questions

Can the court make me pay the other side's court fees?

In some cases, yes. If the judge finds that you filed a frivolous case or acted in bad faith, the court can order you to pay the other party's court costs. This is rare and usually requires clear evidence of abuse of the court system. Most cases do not result in cost-shifting.

Do I have to pay court fees if I win my case?

You pay court fees upfront when you file, regardless of whether you win or lose. However, if you win, you may be able to recover your court costs from the other party as part of the judgment. Whether you can recover costs depends on the type of case and your state's rules.

What if I cannot afford a fee waiver request?

Requesting a fee waiver is free — you do not pay to file the motion. You simply fill out the form or write a letter explaining your financial situation and submit it to the court. The judge then decides whether to grant it.

Can I pay court fees online?

Many courts now accept online payment through their websites, but not all. Check your local court's website or call the clerk to find out whether your court offers online payment and what payment methods it accepts.

Do court fees go to the judge?

No. Court fees go to the state or county government to fund the court system. Judges do not receive the fees as personal income.