Quick answer: Filing a civil lawsuit in U.S. federal court costs $405: a $350 filing fee plus a $55 administrative fee. State courts set their own fees, and small claims courts usually charge less. The filing fee is only the start, because service, experts and lawyer fees can cost far more.
Key takeaways
- Federal court filing costs $405 in total.
- State and small claims fees differ by county, so check your clerk’s fee schedule.
- Service of process, records and experts add separate costs.
- Fee waivers exist for people who cannot afford the fees.
- Many injury lawyers charge nothing upfront and take a share of any recovery.
Federal court filing fees
Federal law sets the civil filing fee at $350 under 28 U.S.C. 1914(a). The courts also charge a $55 administrative fee for filing a civil action. Together that is $405. The administrative fee does not apply to people granted in forma pauperis status, which is the court’s fee waiver.
State court and small claims fees
Each state sets its own filing fees, and many vary by the amount claimed or by county. Small claims courts are built to be cheap, and fees are typically a fraction of regular civil court fees. Always confirm the current amount on your local court’s website or by calling the clerk. If you win in small claims, see how to collect a small claims judgment.
Costs beyond the filing fee
- Service of process: paying a sheriff or process server to deliver the papers.
- Records: medical, police or business records often carry copying fees.
- Depositions and transcripts: court reporters charge for each session.
- Expert witnesses: doctors, engineers and accountants bill for review and testimony.
- Attorney fees: hourly, flat or contingency. See our personal injury lawyer cost guide.
How to lower the cost
- Apply for a fee waiver if you qualify.
- Use small claims for smaller disputes.
- Try a demand letter or mediation first.
- Ask whether a lawyer works on contingency.
- Keep records organized so you pay for fewer hours of work.
If money is the main barrier, our guide on how to file a lawsuit shows where you can do the work yourself. For how costs fit into the whole process, see what a lawsuit is.
Frequently asked questions
How much does it cost to file a lawsuit in federal court?
$405 for a civil action: the $350 filing fee plus the $55 administrative fee.
Can I file a lawsuit for free?
Possibly. Courts can waive fees if you show you cannot afford them. You will still need to meet all the other requirements of the case.
Who pays the court costs if I win?
Courts can order the losing side to pay certain costs, but attorney fees are usually paid by each side unless a law or contract says otherwise.
Is it cheaper to sue in small claims court?
Generally yes. Fees are lower and the process is simpler, but each state caps how much you can claim.
Do lawyers charge upfront to take a case?
Many injury lawyers do not. They take a percentage of the recovery instead. Other case types may require retainers or hourly payment.
This article is general information, not legal advice. Fees change, so confirm the current amount with your court clerk.