Filing a civil case in an Alabama circuit court costs $197 or $297 depending on how much money is at stake, but that is only the starting point. Alabama court fees also include separate rates for family, small claims, and probate matters, criminal court costs assessed after conviction, and a long list of add-ons like service of process, transcripts, and expert witnesses that can dwarf the filing fee itself. If you cannot afford to pay, the courts offer waivers and installment plans, and it helps to know what each stage actually costs before you file.
Civil Filing Fees
In circuit court, the filing fee depends on the size of your claim. Cases seeking $50,000 or less, not counting interest, costs, or attorney fees, cost $197 to file. Claims above $50,000 cost $297. If you start below the threshold and later amend your complaint to seek more, you owe the higher fee at that point. Defendants who want to file a counterclaim, cross-claim, or third-party complaint in circuit court also pay $297.1Alabama Legislature. Alabama Code 12-19-71 – Circuit and District Court Filing Fee – Amount
Domestic relations cases, which cover divorces, custody disputes, and related family matters, carry their own filing fee of $147, whether contested or uncontested.2Alabama Administrative Office of Courts. Fee Distribution Chart That covers the initial filing only. Contested divorces with custody evaluations, appraisals, or repeated motions can generate much higher totals over time.
Small Claims
Alabama’s small claims docket sits inside each county’s district court and handles disputes involving $6,000 or less. Filing fees are lower than in circuit court, though the exact amount varies by county. There is one catch worth knowing: once your claim exceeds $1,500, the fee climbs to match the standard district court docket rate rather than the reduced small claims rate.3Alabama Legislature. Alabama Code 12-12-31 – Small Claims Actions Call your district court clerk to confirm the current amount before you file.
Probate Court
Probate court handles estate administration, guardianship petitions, and will contests. Fees vary by county and by the type of proceeding, from under $100 for straightforward filings up to several hundred dollars for complex estate matters. Because these are set at the county level, the probate clerk in the county where you plan to file is the reliable source for a current figure.
Criminal Court Costs
Criminal cases work differently. You do not pay a filing fee to be charged with a crime. Court costs are assessed after conviction and added on top of any fines the judge imposes. Totals vary by offense level and county, but misdemeanor convictions in district court routinely run several hundred dollars, and felony convictions in circuit court can go considerably higher. Some counties also charge separate fees for specific motions filed during a criminal case, so ask the clerk handling your case what to expect.
Appeals
Losing at trial and appealing means another round of fees. Alabama law sets a base appellate docket fee of $100 for civil appeals to the Alabama Court of Civil Appeals or the Alabama Supreme Court, but the statute lets the appellate courts set fees above that base, and the Alabama Supreme Court has done so for direct appeals and other proceedings. The docket fee is due when you file your notice of appeal or petition.4Alabama Legislature. Alabama Code 12-19-91 – Clerks of Supreme Court or Courts of Appeals
The docket fee is often the smallest part of an appeal. Appeals require certified transcripts of the trial proceedings, and for a lengthy trial the transcript alone can run into the thousands.
Other Costs That Add Up
Service of Process
Once you file, the other party must be formally served. Sheriff service typically runs $20 to $50 per attempt, though counties vary. Private process servers usually charge more, especially when the person is hard to locate. If no one can find the other party, a court may allow service by publication, which means paying a newspaper to run a legal notice. Publication can reach several hundred dollars depending on the paper’s rates and how many weeks the notice must run.
Transcripts and Court Reporting
Official transcripts are priced per page. In federal courts in Alabama, ordinary 30-day transcripts run $4.40 per page, with faster turnaround costing more: $5.10 for 14-day, $5.85 for 7-day, and $7.30 for next-day delivery.5United States District Court. Transcript Fees State court transcripts follow a similar per-page structure at rates that may differ. In a trial with hundreds or thousands of pages, the bill grows quickly. Copies of electronic hearing recordings may also carry a separate fee.
Certified Copies
Certified copies of court documents come with a per-document charge. In federal court in Alabama, certification costs $12 and exemplification $24.6United States District Court Northern District of Alabama. Schedule of Fees – U.S. District Court Northern District of Alabama State court fees vary by county and are generally modest, typically under $25 per document.
Expert Witnesses
Experts are usually the largest litigation expense. Medical professionals, accident reconstructionists, financial analysts, and similar specialists charge for reviewing materials, preparing reports, and appearing in court. Hourly rates of $250 to well over $500 are common, and a single expert’s bill for a case can reach the thousands. The party who hires the expert pays upfront, though the cost may be recoverable if you win.
Fee Waivers if You Cannot Afford to Pay
If you cannot pay court fees, you can ask the court to waive them by filing an In Forma Pauperis petition, which lets you proceed without paying filing fees and certain other court costs upfront.7United States District Court for the Northern District of Alabama. Pro Se In Forma Pauperis Affidavit Both state and federal courts in Alabama accept these petitions, though the forms and standards differ.
You file a sworn affidavit detailing your income, assets, and expenses. Judges have discretion. People who receive means-tested benefits like Supplemental Security Income or Medicaid generally have a strong case, though no benefit automatically guarantees approval in every court. Others may need pay stubs, tax returns, or bank statements to support the request.
An approved waiver covers filing fees and usually the cost of serving the other party. It does not cover attorney fees, expert witness costs, or any payments ordered as part of a judgment. If your finances improve during the case, the court can revoke the waiver and require payment.
Payment Plans
Many Alabama courts allow installment payment plans when you cannot pay in full. The minimum monthly payment and length of the plan depend on the court and the total owed, and courts generally require a partial payment before approving a plan. In civil cases, falling behind can delay or even dismiss your case.
In criminal cases, payment arrangements are often built into sentencing or probation conditions, with regular payments toward fines and costs across the probation period. Some counties accept online payment through the Alabama court system’s website.8Alabama Traffic Service Center. Alabama Traffic Service Center – Traffic Ticket Payment Info Late payments can trigger extra fees, and for defendants on probation, falling behind may put probation status at risk.
What Happens if You Do Not Pay
Ignoring court fees does not make them disappear, and the consequences grow over time. In civil cases, a court can dismiss your complaint or freeze proceedings until you pay. For defendants, unpaid court costs can be converted into a civil judgment, which opens the door to wage garnishment, bank levies, or liens on your property.
Criminal cases carry sharper consequences. Alabama law lets a court convert unpaid fines and costs into jail time when the judge finds the nonpayment was willful, meaning you had the ability to pay and chose not to. The statute caps the jail time based on the amount owed:
- $250 or less: up to 10 days
- $251 to $500: up to 20 days
- $501 to $1,000: up to 30 days
- Over $1,000: 4 additional days for each extra $100 or fraction of $100
These maximums apply only after the court holds a hearing and finds the nonpayment was deliberate.9Alabama Legislature. Alabama Code 15-18-62 – Imprisonment for Failure to Pay Fines and Costs Courts can also offer alternatives such as community service or revised payment plans before resorting to incarceration. Missing a payment hearing or ignoring an order about payments, however, can result in an arrest warrant. Unpaid court debt is sometimes referred to private collection agencies, which add their own fees and can report the debt to credit bureaus.