Iowa Small Claims Fee Waiver: How to Get Filing Costs Deferred

Iowa Offers Fee Deferral, Not a Full Waiver

Iowa doesn't waive small claims court fees outright. What it offers under Iowa Code Chapter 610 is a deferral — the court lets you file without paying the $115 filing fee upfront if you can demonstrate financial hardship. The fees still exist; they're just postponed until the case resolves.

This matters more than it sounds. If you win, the deferred costs get taxed against the defendant as part of the judgment. If you lose, those costs become your obligation, and the court can enforce payment later if your finances improve.

How to Apply

Submit two documents to the court alongside your case filing:

1. Application for Deferral of Costs, Fees, and Security — this is the formal request
2. Financial affidavit — a sworn statement detailing your monthly household income, liquid assets (bank accounts, investments), liabilities (debts, rent, car payments), and the number of dependents you support

Both can be filed through EDMS with your Original Notice and Petition. A Judicial Magistrate or District Judge reviews the affidavit and decides whether you qualify as indigent.

What the Judge Looks At

Include the information requested about monthly household income, liquid assets, liabilities, and dependents. The affidavit is sworn, so provide complete and truthful information.

What Gets Deferred

If the court approves the application, Iowa Code § 610.3 requires an order deferring fees, costs, and security until the case is resolved. This can include:

• The $115 filing and docketing fee
• Service charges (certified mail postage, sheriff fees)
• Security deposits that might otherwise be required

Costs and fees paid to someone other than the court or sheriff, such as a private process server's commercial rate, cannot be waived under the court form instructions. A person may also ask to defer costs in an appeal under Iowa Code § 610.1; the small-claims appeal fee is $215 under § 602.8105(1)(g).

After the Case Ends

The deferred fees don't disappear. Here's what happens:

If you win: The judge orders the defendant to pay your deferred costs as part of the judgment. You owe nothing.

If you lose: The deferred fees become your obligation. The court may set up a payment plan or wait until your financial circumstances change. It's a debt owed to the state.

If you settle: It depends on the settlement terms. Often the parties agree on who pays court costs as part of the deal.

Iowa Legal Aid can help low-income residents navigate the deferral process and may provide direct legal assistance if you meet their income eligibility requirements. Contact them at iowalegalaid.org.

For a complete breakdown of Iowa small claims costs and how to budget for your case, see our Filing a Small Claims Case in Iowa guide.

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