How Much Does It Cost to Sue Someone? (Price Guide)

The cost of suing someone depends mostly on which court you use and whether you hire a lawyer. A small claims case can be filed for a modest fee and handled without an attorney. A full civil lawsuit adds filing fees, service of process, discovery, and legal time, and the bills grow with every month the case stays open.

This page describes typical costs, not legal advice. Whether to sue, where to file, and how to value a claim are questions for a licensed attorney in your state, or for the court's self-help center.

Small claims courts handle disputes up to a dollar limit that each state sets. Procedures are simpler, lawyers are often optional or restricted, and filing fees are lower. A civil lawsuit in state or federal court follows formal rules, takes longer, and most people hire an attorney to handle it.

The choice is usually dictated by the size of the claim. If the amount you are seeking is above your state's small claims limit, you generally have to file in a higher court or give up the excess to stay in small claims. Check your court's self-help page for the current limit.

Every lawsuit starts with a filing fee paid to the court. The amount depends on the court and, in small claims, often on the size of the claim.

Federal district courts charge $405. State civil courts vary, with typical filing fees of $100 – $435 per Attorney Review. Small claims fees are lower and tend to rise with the claim amount. California shows the pattern: $30 for the smallest claims, $50 for the next tier, and $75 for the highest. Other states use different tiers, so confirm yours with the clerk of court.

Courts may waive the fee for people who cannot afford it. Ask the clerk about a fee waiver application.

After you file, the defendant must be formally notified. This step is called service of process, and the rules are strict. Mailing the papers yourself usually does not count.

A professional process server typically charges $50 – $200 per defendant. Another source lists routine service at $86 – $146, with $112 as the most common price. Sheriff service tends to be cheaper at $30 – $50, but it may take longer. You pay for each defendant, so a case with several parties costs more.

Legal fees are the largest cost in most lawsuits. Lawyers bill in one of two main ways.

Hourly rates

The national average attorney rate in 2025 was $349/hr, according to ConsumerShield, with state averages running from $196/hr to $490/hr. A general-practice attorney commonly charges $250 – $400/hr. Many lawyers ask for a retainer up front and bill against it. Complex cases, specialists, and big city markets sit toward the top of these ranges.

Contingency fees

In some cases, mainly personal injury, a lawyer takes a share of what you recover instead of an hourly fee. The typical share is 33% – 40%. You pay nothing up front, but the lawyer keeps that percentage if you win or settle. Costs such as filing and expert fees may be handled separately, so ask how they are treated in the agreement.

Cases that move past the early stages add expenses that have nothing to do with the court or the lawyer's time.

Deposition transcripts run $500 – $2,500 each. An expert witness, such as a medical or engineering specialist, can cost $2,000 – $15,000. Not every case needs these, but disputes that depend on technical evidence often do.

The headline range for a lawsuit is wide because a case can end at many points.

A dispute that settles after a demand letter costs very little. One that reaches discovery, depositions, and expert testimony costs much more, and a case that goes to trial costs more still. Published figures like the one above assume attorneys are involved and the case settles before trial. If you represent yourself, your direct costs are mostly the filing fee and service, but your time and risk of procedural mistakes are higher.

Other things that move the total include the state you file in, the number of defendants, how much the other side fights back, and whether the dispute involves records or experts.

In some cases the winner can ask the court to order the losing side to pay certain costs, such as filing fees and service charges. Attorney fees are recovered less often and usually require a contract clause or a statute that allows it. A lawyer can tell you whether that applies to your claim. Winning a judgment also does not guarantee payment, so collection can add cost.