Small claims court · cost to sue
Can you get your filing fee waived?
Pick your state, enter your household size and income, and see whether you qualify to sue without paying the filing fee — cited to that state's own fee-waiver rule.
You likely qualify for a full fee waiver. Your household income is at or below $19,950/year, California's income limit for a household of 1.
If you don't qualify by benefits or income, California's own fee waiver form has a third option: showing the court that paying would leave you unable to afford your household's basic needs. The court can also grant a partial, rather than full, waiver.
Source: California Courts Self-Help Guide; Cal. Rules of Court, Rule 3.51
Covers the fee-waiver rule that applies to an ordinary small claims filing — not a separate waiver of service-of-process or appeal costs, which some states handle differently. Informational only, not legal advice; the clerk of court or a judge makes the actual determination on your application.
How this is calculated
Last reviewed: September 2026
Two bright-line paths, plus one the court decides
Every state covered here reduces to the same shape: you likely qualify automatically if you already receive certain means-tested public benefits (or, in New Jersey, if you're represented for free by legal aid), or if your household income is at or below a set percentage of the federal poverty guidelines for your household size. Outside both of those, every state still lets you ask the court to waive fees for financial hardship — a request the court decides case by case, which this calculator can't compute for you. Falling outside the bright-line paths never means an automatic no.
Where the percentage comes from, state by state
The income threshold ranges from 125% of the federal poverty guideline (Michigan, Washington, and California) up to 200% (Florida, New York, and Pennsylvania), with New Jersey at 150%. North Carolina is the one exception: its statute sets no income-percentage test at all, so a request that doesn't qualify by benefits there goes straight to the court's case-by-case review. Two states — New Jersey and Pennsylvania — also cap countable assets (liquid savings or property beyond a home and one vehicle), which this calculator doesn't check; each state's result notes the limit.
What this doesn't cover
- The discretionary hardship path itself. Every state's third path is decided by a clerk or judge weighing your specific expenses, not a published formula — this tool can tell you the path exists but not how it would come out.
- Asset or property limits. New Jersey ($2,500 in liquid assets) and Pennsylvania ($10,000 in countable assets) both cap this test on assets as well as income; Florida's rebuttable presumption against indigency works similarly for non-exempt property. None of the three are checked here.
- Repayment if you win. New York and New Jersey can both order waived fees repaid out of an award — not modeled, since it depends on the outcome of the case itself.
- Waivers for service-of-process or appeal costs specifically. Some states bundle those into the same fee-waiver application; others require a separate request. This tool covers the filing-fee determination only.
States currently covered
California, Florida, New York (New York City), Pennsylvania, North Carolina, Michigan, New Jersey, Washington. More states are added on an ongoing basis.
Frequently asked questions
What if I don't qualify by income or benefits?
It's not a flat no. Every state covered here also lets you ask the court directly to waive fees because paying would cause financial hardship — that request is decided case by case from your actual expenses, not a published income line, so this calculator can't compute it for you the way it can the two bright-line paths.
Does a fee waiver cover the whole cost of suing, or just the filing fee?
Usually just the filing fee and related court costs — not necessarily service-of-process. Some states waive service costs too as part of the same application; others handle that separately. Check the state's own source link for what's actually included.
Will I have to pay the fee back later if I win?
In some states, yes. New York and New Jersey both allow a court to order repayment of waived fees out of a judgment or settlement you're awarded — this calculator flags that in a state's notes when it applies, but doesn't estimate the amount.
Why does this ask for annual income instead of monthly or per-paycheck?
The federal poverty guidelines these thresholds are pegged to are published as annual figures, and most states' own fee-waiver forms ask for household income the same way. If you only know a monthly or per-paycheck figure, multiply by 12 or by your number of pay periods a year first.
Related tools
See exactly what it costs to file a small claims case, by state — cited to your court's own fee schedule.
Open tool →Total Cost to Sue CalculatorThe full out-of-pocket cost to sue in small claims court — filing fee plus service of process, added together and cited to each court's own fee schedule.
Open tool →Small Claims Limit CheckerSee whether your claim qualifies for small claims court and what the dollar limit is, by state and by plaintiff type — individual or business.
Open tool →