San Bernardino Superior Court Filing Fees and Waivers

San Bernardino Superior Court filing fees start at $30 for small claims and reach $435 for most civil, family law, and probate cases, with a local courthouse construction surcharge added on top of the statewide amounts. If you can’t afford to pay, California’s fee waiver covers filers who receive public benefits or whose household income falls at or below 200 percent of the federal poverty guidelines.

Civil Case Filing Fees

California sorts civil lawsuits by the amount in dispute. Starting January 1, 2026, the line between a limited and unlimited case sits at $35,000.

San Bernardino is one of three counties (along with Riverside and San Francisco) that adds a local surcharge for courthouse construction, so the amount at the clerk’s window will run slightly higher than the statewide figures above.1Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026

Every civil complaint has to be filed with a Civil Case Cover Sheet (Form CM-010). It tells the clerk what type of case you’re filing and the amount at stake, which confirms you’ve paid the right fee and routes the case to the correct department.2California Courts. Civil Case Cover Sheet CM-010

Small Claims Filing Fees

Individuals can bring small claims cases up to $12,500. Businesses are capped at $6,250.3California Legislative Information. California Code of Civil Procedure 116.221 The filing fee depends on how much you’re claiming:

  • $30 for claims of $1,500 or less
  • $50 for claims of $1,501 to $5,000
  • $75 for claims of $5,001 to $12,500

Frequent filers pay more. If you’ve filed more than 12 small claims in California within the past 12 months, the fee is $100 regardless of the claim amount.1Judicial Council of California. Statewide Civil Fee Schedule Effective January 1, 2026 Small claims fees are not subject to the courthouse construction surcharge.

Family Law and Probate Filing Fees

Petitions for divorce, legal separation, domestic partnership dissolution, and custody actions cost $435 on the statewide schedule, plus the San Bernardino local surcharge. A respondent’s first paper carries the same fee.4Justia. California Government Code 70670-70678 – Fees in Family Law Matters

Probate matters, including guardianship, conservatorship, and estate administration petitions, also cost $435.5California Legislative Information. California Code Government Code 70658

Family law motions filed after the initial petition cost $60 each, with an additional $25 added for motions to modify or enforce custody or visitation orders.4Justia. California Government Code 70670-70678 – Fees in Family Law Matters

Costs After the First Paper

The initial filing is rarely the last thing you’ll pay for. Post-filing paperwork carries its own fees:

  • $60 for a standard motion or hearing request
  • $500 for a motion for summary judgment
  • $20 for a continuance, stipulation, or service-by-publication request without a hearing
  • $500 for a pro hac vice application by an out-of-state attorney, plus $500 annually to maintain that status6California Legislative Information. California Code Government Code 70617

Budget for service of process too. Private process servers typically charge $20 to $145 depending on the complexity of the delivery and the number of attempts. Certified copies of court documents run about $8 to $40 per document from the clerk’s office. These costs add up quickly in multi-party cases.

Fee Waivers for Low-Income Filers

California’s fee waiver covers not just the initial filing cost but most court fees throughout the case. You qualify automatically if you receive public benefits such as SSI/SSP, CalWORKs, or Medi-Cal, along with several other state and federal assistance programs.7California Legislative Information. California Government Code 68632

Without public benefits, you still qualify if your household’s monthly gross income falls at or below 200 percent of the federal poverty guidelines.7California Legislative Information. California Government Code 68632 For 2026, the monthly thresholds are:

  • 1 person: $2,660
  • 2 people: $3,607
  • 3 people: $4,553
  • 4 people: $5,500
  • 5 people: $6,447
  • 6 people: $7,393

Add roughly $947 per month for each additional household member.8HHS ASPE. 2026 Poverty Guidelines Detailed Tables

A third pathway exists for filers whose income exceeds 200 percent of the poverty line but whose basic living expenses leave them unable to pay court fees. The court will scrutinize your financial disclosures more closely on this route.

How to Apply

You need Form FW-001 (Request to Waive Court Fees). It asks about your income sources, monthly expenses, and the value of your assets, including bank accounts and vehicles. You sign it under penalty of perjury, so answer honestly and completely.9Judicial Council of California. Request to Waive Court Fees FW-001 Submit it with Form FW-003 (Order on Court Fee Waiver), with the case name and number filled in at the top. The judge uses FW-003 to record the decision.10California Courts. Order on Court Fee Waiver FW-003

If Your Waiver Is Denied

A denial isn’t the end. You have 10 days to pay the fee, submit a corrected FW-001 with complete information, or request a hearing by filing Form FW-006 (Request for Hearing About Court Fee Waiver Order). At the hearing, the judge can grant a full waiver, a partial waiver, or extra time to pay. Do nothing within those 10 days and the court cancels any papers filed alongside the waiver request, which can mean missing critical deadlines or restarting the case entirely.11California Courts. If Your Fee Waiver Isnt Granted

How and Where to File in San Bernardino

San Bernardino Superior Court accepts filings electronically, in person, and by mail. E-filing is the most common method for civil cases and runs around the clock through approved electronic filing service providers (EFSPs). The current list of approved providers is on the court’s eFiling page.12Superior Court of California, County of San Bernardino. eFiling

EFSPs charge their own convenience fees on top of the court’s filing fee. Credit card payments typically add 2.75 to 3.5 percent; e-check payments add a flat 25 cents. These service fees are separate from the court fee and are not refunded if your filing is rejected.

E-filed documents must be in non-searchable PDF format, no larger than 25 MB per document or 50 MB per upload. Appeal documents in civil, family law, probate, and landlord-tenant cases cannot be e-filed and have to be submitted by other means.12Superior Court of California, County of San Bernardino. eFiling

For in-person filing, the two main civil divisions are:

  • San Bernardino District (Civil): 247 West 3rd Street, San Bernardino, CA 92415. Open 8:00 a.m. to 4:00 p.m., Monday through Friday.
  • Rancho Cucamonga District (Civil): 8303 Haven Avenue, Rancho Cucamonga, CA 91730. Open 8:00 a.m. to 4:00 p.m., Monday through Friday.

Outlying districts in Barstow, Fontana, Joshua Tree, Needles, and Big Bear also accept filings. Big Bear’s clerk is available only on the first Wednesday of each month from 9:30 a.m. to 1:30 p.m.13Superior Court of California, County of San Bernardino. Where Can I File Mail-in filings are accepted with a check or money order payable to the Clerk of the Court.

Getting Filing Fees Back If You Win

Filing fees aren’t necessarily a sunk cost. Under California Code of Civil Procedure 1032, a prevailing party is entitled as a matter of right to recover costs, including filing fees, service of process expenses, and other litigation costs.14California Legislative Information. California Code of Civil Procedure 1032 “Prevailing party” generally means the side that wins a monetary judgment, the defendant when the case is dismissed, or the defendant when neither side recovers anything. The winning side files a memorandum of costs after judgment, and the clerk adds those amounts to what the losing side owes. Keep every fee receipt from day one so you can recover the full amount if you win.