Filing a Case

California Small Claims Filing Fees in 2026: Cost by Claim Amount

The filing fee is one of the procedures covered in California Small Claims Court: Limits, Filing, and Procedure. The fee a plaintiff pays to open a small claims case in California depends on the dollar amount of the claim and on how many cases that plaintiff has filed in the past year. This article sets out the current fee tiers, the higher fee for frequent filers, the other costs that come up after filing, and how a low-income plaintiff applies to have the fee waived.

What the filing fee is by claim amount

California charges a sliding filing fee tied to the amount of the claim. The clerk collects only the fees the small claims statute authorizes, so the amount is the same in every county. As of 2026, under Cal. Code Civ. Proc. § 116.230, the fee for a plaintiff who has filed 12 or fewer small claims cases in the state in the previous 12 months is:

  • $30 if the claim is for $1,500 or less
  • $50 if the claim is for more than $1,500 up to $5,000
  • $75 if the claim is for more than $5,000

The top tier covers every claim above $5,000, up to the $12,500 limit that applies to an individual plaintiff under Cal. Code Civ. Proc. § 116.221. A business plaintiff is limited to $6,250 per claim, but the fee tiers are the same. The fee is based on the amount demanded, not on what the court eventually awards. A plaintiff who asks for $9,000 and wins $2,000 still paid the $75 fee, and the fee is not refunded.

If a plaintiff later amends the claim to ask for a higher amount that falls into a more expensive tier, Cal. Code Civ. Proc. § 116.230 charges the difference: $20 to move into the $50 tier, and $25 or $45 to move into the $75 tier, depending on the starting tier. Amending downward does not produce a refund.

The frequent-filer fee

The fee tiers above apply to a plaintiff who has filed 12 or fewer small claims cases in California in the previous 12 months. A plaintiff who has filed more than 12 cases in that window pays a flat fee instead. Under Cal. Code Civ. Proc. § 116.230, that fee is $100 regardless of the claim amount.

This rule targets high-volume filers, such as businesses that use small claims to collect many small debts. The statute requires every plaintiff to file a declaration with the claim stating whether they have filed more than 12 other small claims cases in the state in the last 12 months. The 12-case count is statewide and covers a rolling 12-month period measured backward from the filing date, not the calendar year.

Costs beyond the filing fee

The filing fee opens the case, but a plaintiff usually spends more before the hearing. The largest added cost is service of process, the step that formally delivers the claim to the defendant.

Cal. Code Civ. Proc. § 116.340 lists the ways a defendant can be served. One option is to have the clerk mail the claim to the defendant by certified mail with a return receipt, described in Cal. Code Civ. Proc. § 116.330; the clerk charges a separate fee for this mailing. Personal service by the sheriff or a registered process server costs more and varies by county. These service costs are set locally and are separate from the filing fee, so confirm them with the court or the server.

If a plaintiff wins and the judgment is not paid, collecting it brings its own costs and procedures, covered in how to collect a California small claims judgment and the process for obtaining a California writ of execution on form EJ-130. A party who loses and appeals pays a separate fee. Under Cal. Code Civ. Proc. § 116.760, the fee to file a notice of appeal is $75, and a party who does not appeal is not charged for filing documents related to the appeal. The appeal itself must be filed within 30 days, counted from the date the clerk mails the notice of entry of judgment.

Fee waivers for low-income plaintiffs

A plaintiff who cannot afford the filing fee can ask the court to waive it. The request is made on Judicial Council form FW-001, the Request to Waive Court Fees.

Request to Waive Court Fees (FW-001)

From California Courts

URL verified June 2026 · 200 KB

Download PDF

The form asks the court to let a person file papers and receive court services without paying fees because they receive public benefits, have a low income, or do not have enough income to pay for basic needs and court fees. Eligibility is based on household size, income, and public-benefits status. Filing FW-001 together with the small claims claim keeps the case from being rejected for non-payment while the court reviews the request.

  1. Complete form FW-001

    Fill in household information, income, and the public benefits anyone in the household receives. The form states the income and benefits standards the court uses to decide eligibility.

  2. File it with the claim

    Submit FW-001 at the same time as the small claims claim. The clerk processes the waiver request alongside the new case so the filing is not held up for non-payment.

  3. Wait for the court's decision

    The court reviews the request and issues an order granting or denying the waiver. If the court needs more information or sets a hearing, it notifies the applicant. A granted waiver covers the filing fee and certain other court costs in the case.

A waiver covers court fees, not the cost of a private process server. A plaintiff whose waiver is granted can ask the sheriff to serve the defendant, because sheriff service is a court service the waiver can cover.

How to pay the fee when you file

The fee is due when the claim is filed. Filing happens at the small claims division of the Superior Court in the county where the case belongs. Most courts take payment at the clerk’s window when the claim is filed in person; many also accept filing and payment by mail, and some counties offer electronic filing through their own portals. Accepted payment methods vary by court, so check the court’s website before going in.

The steps for completing and filing the claim itself, including choosing the right courthouse, are covered in filing a small claims case in California. The California Courts self-help center explains the broader process for starting a case at its start a small claims case page.

Frequently asked questions

Is the small claims filing fee refundable if I lose?

No. The filing fee is collected when the case is opened and is not returned based on the outcome. A plaintiff who wins can ask the court to add the filing fee to the judgment as a recoverable cost under the small claims statute, but the court does not refund the fee directly.

Does it cost more to sue for a larger amount?

Yes. The fee rises with the claim amount: $30 for $1,500 or less, $50 for more than $1,500 up to $5,000, and $75 for more than $5,000, under Cal. Code Civ. Proc. § 116.230. Above $5,000 the fee stays at $75 up to the $12,500 individual limit.

Why does the form ask how many cases I have filed?

California charges a higher flat fee of $100 to plaintiffs who have filed more than 12 small claims cases in the state in the previous 12 months. The declaration on the claim form establishes which fee applies. A plaintiff at or below 12 cases pays the standard tier based on the claim amount.

Will a fee waiver cover the cost of serving the defendant?

A granted fee waiver covers court fees and certain court services, including service by the sheriff. It does not cover the cost of a private registered process server. A plaintiff with a waiver who wants the sheriff to serve the defendant can request that service as a covered court service.

How much does it cost to appeal a small claims decision?

The fee to file a notice of appeal is $75 under Cal. Code Civ. Proc. § 116.760. Only a party that appeals pays a fee; a party that does not appeal is not charged for filing documents related to the other side’s appeal. A plaintiff who lost the original case generally cannot appeal the decision on their own claim.

Sources

See also: Filing Small Claims in California: A Step-by-Step Guide. See also: How to Garnish Wages After a California Small Claims Judgment.
Not legal advice. Statuteworks publishes procedural reference guides intended to help you understand how legal processes work. Laws and procedures change. For advice about your specific situation, consult a licensed attorney in your state. Read our editorial process →