But like any legal process, small claims come with their own costs. Understanding small claims court fees can help you decide whether to take your case to court. Every jurisdiction sets its fees for different types of claims. However, there are some common costs to be aware of. In this article, we’ll help you understand what you might have to pay and who is responsible for paying it.
What Are Small Claims Court Fees?
Small claims cases generally involve claims of a few hundred to a few thousand pounds, depending on the location. Small claims charges are the cost of filing your claim with the court, as well as the cost of administrative services.
- Filing Fee: The cost of filing a small claims case is generally the most significant cost of bringing the claim. This cost is for filing the claim with the court. The filing fee will vary depending on the amount you are claiming.
- Hearing Fee: If the court needs to give you a hearing, you may be asked to pay another fee to cover the court’s time and the time your judge will spend on your case.
- Service Fee: You may have to pay to serve a copy of the claim on the defendant. This can be done by a process server or by mail in compliance with the rules set by the court.
How Much Do Small Claims Court Fees Cost?
Exactly how much you’ll have to pay depends on the jurisdiction and your claim amount. The following is a general breakdown of how much you can expect to pay in various regions. These costs are tailored to your needs, so do not consider this an exact estimate.
- Claims for Less Than £300: Filing fees for small claims can be low. Some jurisdictions charge as little as £25 for filing a claim. The filing fee is in the range of £25 to £35.
- Claims between £300 and £5000: As you can claim more, your filing costs increase. Your court may charge in the range of £35 to £100 for filing a claim between £300 and £5000.
- Claims for £5000 or more: If you are suing or being sued for more than £5000, you can expect to pay even more. In some jurisdictions, the filing fee for a claim over £5000 can be more than £100.
Remember that if your claim is for a larger amount, it may exceed the limit and not be a “small” claim. In that case, your claim will follow a different set of rules, and you may have to pay different fees.
Who Pays for Small Claims Filing Fees?
In small claims court, the person making the claim pays the fees upfront — you’re called the Plaintiff. The good news is that if you win your case, you’ll usually be able to get back the amount you paid out, including court filing fees, service costs, and sometimes legal fees.
Here’s how that generally works:
- Plaintiff Pays: When you file a claim, you’ll have to pay any filing fees plus any other associated costs, such as service or pretrial fees.
- Defendant Pays if the Plaintiff Wins: If the judge rules in your favour at the trial, he or she will likely order the defendant to pay you back the money you spent to file, plus any damages or settlements in the case.
- Plaintiff Loses: If you lose your case, you won’t get back the money you forked out, but in some cases, the other side may be ordered to pay its fees. Generally, however, there is no provision for the losing party to pay the winner’s claim filing fee.
How to Avoid Paying Small Claims Court Fees
There are a few ways to limit the impact of small claims court on your wallet:
- Ask for Help with the Fees: In some areas, those without much money can get a discount or even have the fees waived altogether. Be sure to speak to your local court to find out about the rules in your area.
- Try to Negotiate or Settle: It is always worth seeing if you can agree on your case without taking it to court. After all, doing so should not require you to spend as much on fees.
Conclusion
While the small claims charges should always be considered before you decide to sue someone, they are much lower than the fees you would have to pay in the higher courts. Working out in advance what the fees are and who will be responsible for them can help make the decision that suits you and your wallet. Remember to take every opportunity to lower your costs before starting. That way, no matter what the judge decides at the end, you will be able to get the help you need without spending all of the money you have in the process.
Small claims fees will differ slightly, no matter where you are based. If you are still unsure exactly what they will be in your case, make sure you speak to your court or your solicitor if you need help working it out.