Arkansas Small Claims Court Costs for Defendants: What You'll Actually Pay

Filing Your Answer Costs Nothing

The single most important thing to know about defendant costs in Arkansas small claims court: filing a written answer is free. There is no fee to respond to a complaint in the Small Claims Division of District Court.

The plaintiff paid the filing fee ($30 to $67.50 depending on the court), the summons fee ($2.50), and the service fee (around $50 for sheriff's service). Those costs are the plaintiff's responsibility upfront. If the plaintiff wins, the judge may add those costs to the judgment against you — but you do not pay anything out of pocket just to file your defense.

This is worth emphasizing because many defendants assume responding to a lawsuit costs money, and that assumption sometimes stops people from filing an answer at all. Missing the 30-day answer deadline under District Court Rule 6(b) results in a default judgment — a far more expensive outcome than the $0 it costs to respond.

Where Defendant Costs Can Add Up

While the basic defense is free, several optional or conditional expenses exist:

Counterclaim filing fees. If you file a counterclaim against the plaintiff as part of your answer, some district courts charge a separate filing fee for the counterclaim. The amount varies by court — ask the clerk's office for the exact fee in your jurisdiction.

Subpoena fees. If you need a witness to testify and they will not come voluntarily, the clerk charges $2.50 per subpoena issued. Ask the sheriff or process server about the current service cost and payment arrangements.

Copy and certification fees. Fort Smith District Court, for example, charges $0.25 per page for copies and $5.00 for a certified copy of a docket sheet. Other courts have similar schedules. You will need copies of your answer, any motions, and potentially the judgment.

Appeal fees. If you lose and want to appeal to Circuit Court for a de novo trial, the costs jump significantly. In Little Rock, the appeal includes a $10.00 city notice fee and a $165.00 Circuit Court filing fee; fees elsewhere may differ. You have 30 days from the date the judgment is entered on the district court docket to appeal.

Transcript fees. Fort Smith charges $5.00 for an appeal transcript. District Court Rule 9(b) requires a certified copy of the district court docket sheet and record to perfect an appeal; ask the district clerk about any transcript or record fees.

Can You Recover Attorney Fees?

Attorneys are barred from appearing in the Small Claims Division under Supreme Court Administrative Order No. 18. Neither side can be represented by a lawyer there.

If a party retains an attorney, an appearance is filed and the judge transfers the case to the Civil Division of District Court, where attorneys may appear. Whether attorney fees are recoverable depends on the applicable contract or statute; the transfer itself does not determine fee recovery.

In practice, the $5,000 cap on small claims makes hiring an attorney economically questionable. A few hours of legal work at $150 to $350 per hour can exceed what is at stake.

Fee Waivers for Low-Income Defendants

If you cannot afford court costs (counterclaim fees, subpoena fees, or appeal filing fees), Arkansas Rule of Civil Procedure 72 allows you to file a Petition for Leave to Proceed In Forma Pauperis. You will need to submit a financial affidavit showing your income is at or below 125% of the Federal Poverty Guidelines, or that you receive means-tested benefits like SNAP or SSI.

The fee waiver covers court costs — it does not eliminate the underlying claim against you. You still need to file your answer, prepare your evidence, and show up for the hearing.

Legal Aid of Arkansas (1-800-952-9243) can help qualifying low-income defendants with free legal assistance across all 75 counties.

The Real Cost of Not Responding

The most expensive outcome in small claims court is not any fee — it is a default judgment. If you miss the 30-day answer deadline or skip the hearing, the judge enters judgment for the full amount the plaintiff requested plus court costs. The plaintiff can then pursue collection through wage garnishment (after a 10-day waiting period) or bank account attachment.

Filing a $0 answer and showing up for a free hearing is the cheapest legal action you will ever take. The Arkansas Small Claims Response Guide covers the full process from calculating your deadline through preparing for the hearing, so nothing falls through the cracks.

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