How Court Fees Work and What Happens If You Can't Pay
What court fees are and why you owe them
Court fees are charges the court system adds to your case when you file a lawsuit, respond to one, or go through certain legal processes. They cover the cost of filing paperwork, issuing documents, scheduling hearings, and maintaining court records. The court clerk collects these fees, not a private company — the money goes to your state or local court system.
The amount varies by what you're doing. Filing a small claims case costs less than filing a civil lawsuit. Responding to a case costs less than starting one. Some actions — like filing for a protective order or getting married — have their own fee schedules. Your court clerk's office publishes these fees publicly, and you can call or visit their website to find the exact amount before you file.
If you lose a case, the judge may order you to pay the other side's court costs as part of the judgment. This is separate from the filing fee you already paid. If you win, you may be able to recover your fees from the losing party, though this depends on the type of case and what the judge decides.
Key Takeaways
- Court fees are set by your state or local court system and vary by the type of case you're filing or the action you're taking.
- You pay the fee to the court clerk when you file, and it must be paid before your case can move forward — the court will not process your paperwork without it.
- If you cannot afford the fee, you can request a fee waiver or payment plan by filing a form with the court, usually called a "Motion to Waive Fees" or "Affidavit of Indigency".
- If a judge orders you to pay court costs as part of a judgment against you, you can request a payment plan or ask the court to reduce the amount based on your income.
- Court fees are not the same as attorney fees — you may owe both if you hired a lawyer and lost the case.
How to find out what your specific court fee is
Call your local court clerk's office and tell them what type of case you're filing or what action you need to take. They will give you the exact fee amount. You can also visit your court's website — most publish fee schedules online, organized by case type. If you're responding to a case someone else filed, ask the person who served you the papers what the filing fee was; they may have already paid it.
Fees differ by state and sometimes by county within a state. A civil case filed in one county may cost more or less than the same case filed in a neighboring county. If you're filing in small claims court, the fee is usually lower and depends on the amount you're suing for — the more money you're claiming, the higher the fee, up to a maximum amount set by your state.
Write down the exact fee amount and ask the clerk when and how you can pay it. Some courts accept payment in person, by mail, by phone, or online. Knowing this before you file saves time and prevents delays.
Requesting a fee waiver if you cannot afford to pay
If you cannot afford the court fee, you can ask the court to waive it or reduce it. You do this by filing a form — usually called a "Motion to Waive Fees," "Affidavit of Indigency," or "Request for Fee Waiver" — along with your case paperwork. The exact name and form vary by state and court, so ask your court clerk what form you need.
On this form, you describe your income, expenses, and assets. The court uses this information to decide whether you can afford the fee. You do not need to be homeless or on public benefits to may have access to — the court looks at whether the fee would create a genuine hardship for you. If you're working but earning minimum wage with high expenses, you may still may have access to.
File the fee waiver request at the same time you file your case paperwork. The court will usually decide within a few days to a few weeks. If the court denies your request, you can ask for a payment plan instead — the court may let you pay the fee in installments over time. Ask the clerk what the court's policy is on payment plans.
Some courts will let you file your case paperwork without paying the fee upfront if you've requested a waiver. Others require you to pay before they'll process anything. Call ahead and ask what your court does.
Payment plans and installment options
If the court denies your fee waiver request, or if you want to pay the fee but need time, you can ask for a payment plan. Contact the court clerk and explain that you want to pay the fee in installments. The clerk will tell you whether your court allows this and what the terms are.
Some courts let you split the fee into two or three payments over a month or two. Others require you to pay the full amount before your case proceeds. There is no federal rule — each court sets its own policy. The clerk can tell you exactly what your court will accept.
If you set up a payment plan, make your payments on time. Missing a payment can result in your case being dismissed or a judgment being entered against you by default. If you're having trouble making a payment, contact the clerk immediately and ask if you can adjust the schedule.
Court costs ordered by a judge as part of a judgment
This is different from the filing fee you paid upfront. If you lose a case, the judge may order you to pay the other side's court costs — the fees they paid to file and process the case. This is called "awarding costs to the prevailing party." The judge writes this into the judgment, and you now owe money to the court on behalf of the other side.
The amount is usually limited to the actual filing and service fees, not attorney fees or other expenses. However, some types of cases allow the judge to award additional costs. Ask the judge or the other side's attorney what costs they're asking for before the judgment is entered.
If you cannot afford to pay the court costs ordered against you, you can file a motion asking the court to reduce the amount or allow you to pay in installments. Bring documentation of your income and expenses. The court is not required to grant this request, but it's worth asking, especially if the amount is large relative to your income.
What happens if you don't pay court fees or ordered costs
If you don't pay a filing fee before your case is filed, the court will not process your paperwork. Your case will not move forward until you pay. If you've requested a fee waiver and the court denies it, you must pay the fee or your case stays on hold.
If a judge orders you to pay court costs and you don't pay, the court can take several actions. The court may add interest to the amount owed. The other side's attorney may file a motion to enforce the judgment, which can result in wage garnishment, bank account levies, or a lien on your property — depending on your state's laws. If you ignore the judgment long enough, the other side may sue you again to collect it.
If you're struggling to pay ordered costs, contact the court clerk or the other side's attorney and explain your situation. Many courts will work with you on a payment plan rather than pursue collection. Ignoring the debt makes it worse.
Court fees for specific situations
Some common court actions have their own fee structures. Filing for divorce usually costs more than filing a small claims case. Obtaining a protective order or restraining order is often free or low-cost in many states. Filing for name change, adoption, or guardianship each have separate fees set by your state.
If you're responding to a case someone else filed — such as a debt collection lawsuit or an eviction — you typically do not pay a filing fee to respond. The person who filed the case paid the fee. However, if you file a counterclaim (a claim against the other side), you may owe a fee for that.
Ask your court clerk about the fee for your specific situation. They can tell you whether a fee applies, how much it is, and whether you can request a waiver.
Frequently Asked Questions
Can I file a case without paying the court fee if I request a waiver?
It depends on your court. Some courts will accept your paperwork and fee waiver request together and decide the waiver before processing your case. Others require payment upfront. Call your court clerk and ask what your specific court does before you file.
Is the court fee the same as what I pay my lawyer?
No. The court fee goes to the court system. Attorney fees are what you pay your lawyer for their work. You may owe both. If you lose, the judge may also order you to pay the other side's court costs, which is a third separate amount.
What if I can't pay court costs ordered against me in a judgment?
File a motion asking the court to reduce the amount or allow you to pay in installments. Bring proof of your income and expenses. If you ignore the judgment, the other side can pursue collection through wage garnishment or bank levies, so it's better to contact the court or the other side's attorney and work out a plan.
Do I have to pay a court fee to respond to a lawsuit?
Usually no — the person who filed the case paid the filing fee. However, if you file a counterclaim against them, you may owe a fee for that. Ask your court clerk what applies to your specific situation.
How long do I have to pay a court fee after I file?
The fee must be paid before or at the time you file — the court will not process your paperwork without it. If you've requested a fee waiver, ask the clerk how long you have to wait for a decision before you need to pay.