California court filing fees run from $30 for the smallest small claims cases up to $435 for most general civil lawsuits and family law petitions, with the exact amount set by the case type and the dollar amount in dispute. If you cannot afford the fee, the court will waive it when you receive qualifying public benefits, earn at or below 125% of the federal poverty level, or would have to give up basic necessities to pay. The 2026 Statewide Civil Fee Schedule applies across all 58 superior courts, with a small extra construction surcharge in Riverside, San Bernardino, and San Francisco counties.1Judicial Branch of California. Statewide Civil Fee Schedule (Effective January 1, 2026)
What You’ll Pay by Case Type
The fee you owe depends on which door of the courthouse your case goes through. General civil lawsuits split into unlimited and limited jurisdiction based on the amount at stake, with the dividing line raised to $35,000 effective January 1, 2026.1Judicial Branch of California. Statewide Civil Fee Schedule (Effective January 1, 2026)
General Civil Cases
- Unlimited civil case (over $35,000): $435 to file the complaint or petition, and $435 for each defendant or responding party to file an answer.
- Limited civil case ($10,001–$35,000): $370 for the complaint, $370 for the answer.
- Limited civil case ($10,000 or less): $225 for the complaint, $225 for the answer.
These figures already include the mandatory surcharges added to the base statutory fee.2California Legislative Information. California Government Code 70611 (2025) Filing in Riverside, San Bernardino, or San Francisco County adds a courthouse construction surcharge on top.
Family Law Cases
A petition for divorce, legal separation, or dissolution of a domestic partnership costs $435 to file. The responding spouse or partner pays the same $435 to file their response. The three-county construction surcharge applies here too.
Small Claims Cases
Small claims fees scale with the amount you’re claiming:1Judicial Branch of California. Statewide Civil Fee Schedule (Effective January 1, 2026)
- $1,500 or less: $30
- $1,501 to $5,000: $50
- $5,001 to $12,500: $75
- Filed more than 12 small claims in the past year: $100 regardless of amount
Costs Beyond the Initial Filing Fee
The filing fee is the entry ticket, not the full bill. Later filings can trigger their own charges: motion fees, jury deposits, certified copy fees, and sheriff’s service fees are all separate line items on the fee schedule. Before any trip to the courthouse, check the schedule for the specific action you plan to take so you’re not caught short at the window.
Who Qualifies for a Fee Waiver
California law lets you ask for a waiver at any stage of a case, in both trial and appellate courts, and you only need to meet one of three tests.3California Courts. Ask for a Fee Waiver
You Receive Qualifying Public Benefits
If you currently receive benefits from any of these programs, the court must grant your waiver:4Justia Law. California Government Code Article 6 – Waiver of Court Fees and Costs
- Medi-Cal
- CalFresh (food stamps)
- CalWORKs or Tribal TANF
- Supplemental Security Income/State Supplementary Payment (SSI/SSP)
- County General Assistance or General Relief
- In-Home Supportive Services (IHSS)
- Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI)
Check the public benefits box on the waiver form, identify the program, and the court has no discretion to deny you. This is the fastest path.
Your Income Is at or Below 125% of the Federal Poverty Level
Using the 2026 poverty guidelines, monthly income limits for common household sizes are approximately:5HHS ASPE. 2026 Poverty Guidelines
- 1 person: $1,663/month ($19,950/year)
- 2 people: $2,254/month ($27,050/year)
- 3 people: $2,846/month ($34,150/year)
- 4 people: $3,438/month ($41,250/year)
- 6 people: $4,621/month ($55,450/year)
You’ll need proof of income such as recent pay stubs, benefit award letters, or tax returns. Household size counts everyone who depends on your income, not just people named on your lease.
Paying Would Mean Giving Up Basic Necessities
Even with income above 125% of the poverty level, you can qualify by showing that paying court fees would force cuts to housing, food, utilities, medical care, or transportation. This path requires a detailed monthly income-and-expense breakdown on the waiver form. Pull together bank statements, rent or mortgage records, utility bills, and medical expense receipts before you start filling it out. Under this option the judge has some flexibility and can grant a partial waiver, reducing what you owe rather than eliminating it.4Justia Law. California Government Code Article 6 – Waiver of Court Fees and Costs
What the Waiver Covers
A granted waiver reaches beyond the initial filing fee and can cover:6California Courts. Ask for a Fee Waiver – Section: What a Fee Waiver Covers
- Filing fees for your initial and later papers
- Fees to respond to a case
- Copies of court papers, including certified copies
- Sheriff’s fees for serving your documents
- Court reporter fees for trial attendance
The complete list appears on the Order on Court Fee Waiver (Form FW-003) at item 4. A waiver does not cover attorney’s fees or third-party costs unrelated to court operations, such as hiring a private process server instead of the sheriff.
How to Apply for a Fee Waiver
Fill out Form FW-001, Request to Waive Court Fees, available on the California Courts website or from any superior court clerk.7California Courts. Request to Waive Court Fees (FW-001) The form asks which eligibility ground you’re claiming and requires supporting financial information: name the program if you’re on benefits, list income and household size if you’re using the poverty-level path, or complete the full income-and-expense section for the hardship path.
File FW-001 at the same time you file the papers that trigger the fee. A plaintiff submits it with the complaint; a defendant submits it with the answer. You can also apply later if your finances change; the first filing is not your only chance.3California Courts. Ask for a Fee Waiver The clerk processes the request and issues an Order on Court Fee Waiver (Form FW-003) stating whether it was granted or denied.8California Courts. Order on Court Fee Waiver (Superior Court) If granted, your papers are filed and the case moves forward without payment.
One note on how you file: many superior courts require electronic filing for civil cases filed by attorneys, and e-filing service providers can add their own transaction fees on top of the court fee. Self-represented parties are exempt from mandatory e-filing and can always file on paper.9Judicial Branch of California. Rule 2.253 – Permissive Electronic Filing, Mandatory Electronic Filing, and Electronic Filing by Court Order
If Your Waiver Is Denied
A denial is not the end, but the clock starts fast. The FW-003 order will state the reason for the denial and give you 10 days from the date the clerk mails notice to act.10California Legislative Information. California Government Code 68634 (2025)
Within those 10 days you have three options:
- Pay the fees. Your filing stays intact and the case proceeds.
- Submit a corrected application. If the denial was for a fixable defect like a missing income figure or an unsigned page, correct it and refile.
- Request a hearing. Use Form FW-006 to ask a judge to reconsider, and bring additional financial evidence.11California Courts. Request for Hearing About Court Fee Waiver Order (Superior Court)
Do nothing and the clerk voids the papers you filed. For a plaintiff that means the complaint was never officially filed, the case does not exist, and the statute of limitations keeps running against you. For a defendant, a voided answer opens the door to a default judgment as if you never responded. Treat the FW-003 denial as urgent.
Getting Your Fees Back If You Win
Filing fees are not necessarily gone for good. California entitles the prevailing party in most civil cases to recover costs from the losing side as a matter of right.12California Legislative Information. California Code of Civil Procedure 1032 Recoverable costs include:13California Legislative Information. California Code of Civil Procedure 1033.5
- Filing, motion, and jury fees
- Service of process fees, whether by sheriff, registered process server, or publication
- Deposition costs, including transcription, video recording, and interpreter fees
- Ordinary witness fees
- Court reporter fees
- Electronic filing and service fees when the court required e-filing
To claim these, the prevailing party files a memorandum of costs after judgment. The losing party can challenge specific items, but the general rule favors reimbursement. Attorney’s fees are a different story; they are only recoverable when a contract or a statute specifically authorizes them.
That cost-shifting cuts both ways. Win an unlimited civil case and the $435 filing fee, deposition expenses, and service costs can come back to you. Lose, and you may owe the other side’s costs on top of the judgment itself.