How Much Does It Cost to Sue Someone? The Itemized Bill, From Filing Fee to Trial
The filing fee is the cheapest part of a lawsuit. Here is the real cost stack - court fees, service of process, discovery, experts and attorney time - plus the rules that decide whether the loser pays, and the routes (small claims, contingency, fee waivers) that make suing affordable.
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Reviewed by Leonard Goldberg, Editor · Last updated
Court Filing Fees: The Entry Ticket
Federal district court: $405 - the $350 statutory fee (28 U.S.C. § 1914(a)) plus a $55 administrative fee, waivable for in-forma-pauperis filers (§ 1915).
State courts scale by claim size. California's 2026 schedule: $225 for limited civil claims up to $10,000, $370 from $10,000-$35,000, and $435 for unlimited civil above $35,000 - while small claims cost just $30-$75. Other large states cluster in the same band (Texas justice court around $54; Florida county courts from $55 scaling past $300; New York small claims $15-$20). County-level variation is real - confirm with the clerk before filing.
Case Details
Fee waivers exist everywhere: federal courts under 28 U.S.C. § 1915 and state equivalents for filers on public benefits or low income. And for claims under your state's small-claims limit, the entire lawyer line-item disappears - those courts are built for self-representation (see our small claims guide).
The Costs Nobody Budgets For
• Depositions: transcripts at roughly $3-$8 per page - a standard deposition runs $300-$1,500+ - plus court-reporter appearance fees of $150-$650 (half day) to $400-$1,100 (full day)
• Expert witnesses: commonly $300-$1,000/hour; industry averages around $356/hr for case review, $448/hr for depositions, $478/hr for trial testimony
• Attorney time: the 2025 national average was $349/hour (Clio), from $196 (West Virginia) to $492 (Washington, D.C.)
A contested case's discovery phase alone routinely dwarfs every court fee combined.
Who Pays the Lawyers - the American Rule
The default in U.S. courts is the American Rule: each side pays its own attorneys, win or lose. The exceptions that shift fees: statutes (civil-rights claims under 42 U.S.C. § 1988, many consumer and employment laws), contracts with fee clauses, and sanctions for frivolous litigation (Rule 11). Separate from fees, the loser usually owes the winner's taxable costs - filing fees, some transcript and service costs - under Rule 54(d), and rejecting a formal offer of judgment (Rule 68) can shift post-offer costs onto a plaintiff who recovers less at trial.
How People Afford to Sue Anyway
Where the Money Goes, in Order
- 1
Demand Letter
A few hundred dollars of attorney time - and the cheapest resolution point in the entire process.
- 2
Filing
$405 federal; roughly $30-$450 in state court depending on claim size and county.
- 3
Service of Process
$85-$175 per defendant via process server; less through the sheriff, more for rush or evasive defendants.
- 4
Discovery
The expensive middle: depositions, transcripts and document work - typically the largest pre-trial line item.
- 5
Trial
Expert testimony at up to $478/hour plus attorney trial days - the reason roughly 99% of federal civil cases resolve earlier.
Cost Traps
Three miscalculations that sink litigants:
Budgeting the filing fee, not the case
The $405 entry ticket is 1-2% of a contested case's real cost once discovery and experts arrive. Price the whole path before filing.
Assuming the loser pays your lawyer
Under the American Rule they usually don't - only taxable costs shift by default. Fee-shifting needs a statute, a contract clause, or sanctionable conduct.
Suing above small claims for a small dispute
A $6,000 dispute filed in regular civil court can cost more than it wins. Check your state's small-claims limit first - the forum is designed for exactly these cases.
Cost to Sue - FAQ
How much does it cost to file a lawsuit?
$405 in federal district court ($350 fee + $55 administrative fee). State courts scale by claim size - California 2026: $225/$370/$435 by tier, small claims $30-$75. Fee waivers are available for low-income filers.
Does the loser pay the winner's legal fees?
Usually not - the American Rule makes each side pay its own lawyers unless a statute, contract clause or sanction shifts fees. The loser typically does owe the winner's taxable court costs (Rule 54(d)).
What does serving the lawsuit cost?
Roughly $85-$175 per defendant with a professional process server (rush service up to ~$275); sheriff's offices charge about $30-$50 per paper where available.
How much do depositions and experts cost?
Transcripts run $3-$8/page ($300-$1,500+ per deposition) plus court-reporter appearance fees; expert witnesses commonly bill $300-$1,000/hour, averaging $448/hr for deposition testimony.
Can I sue without paying a lawyer upfront?
Injury and many consumer cases run on contingency - the lawyer takes a percentage of the recovery and advances costs. Small claims court removes the lawyer entirely for smaller disputes.
What if I can't afford the filing fee?
Apply for in forma pauperis status (28 U.S.C. § 1915 federally; every state has an equivalent) - courts waive fees for filers on public benefits or with qualifying low income.
What do I risk financially if I lose?
The other side's taxable costs (filing, some transcripts and service - not their attorney fees, absent fee-shifting), sanctions if the suit was frivolous (Rule 11), and post-offer costs if you rejected a better formal settlement offer (Rule 68).
Separate from this case: were you injured in the last 2 years?
Class-action payouts are fixed amounts through an administrator. A personal injury claim is a different case — and often worth far more. Free estimate, no obligation.