Mississippi Small Claims Court Costs: Filing Fees and Who Pays

Whether you are filing a claim or defending one in Mississippi Justice Court, fees are part of the process. The total is lower than Circuit or Chancery Court, but the individual charges add up — and who ultimately pays them depends on who wins.

Filing Fee Breakdown

Mississippi Justice Court civil fees are set by statute under Miss. Code Ann. § 25-7-25. For a standard civil money action under the $3,500 jurisdictional limit:

• Base civil filing fee: $45.00
• Civil Legal Assistance Fund deposit: $5.00 (Miss. Code Ann. § 25-7-13)
• Constable or process server service charge: $30.00–$45.00, depending on the county
• Additional defendant service fee: $5.00 per extra defendant

The total for a typical single-defendant case runs $84 to $100. These fees are paid upfront by the party initiating the action — the plaintiff when filing the original claim, or the defendant when filing a counterclaim.

Costs for Defendants

If you are responding to a claim, you do not pay filing fees simply to show up and defend yourself. Appearing at the hearing and contesting the claim is free.

Costs kick in for defendants in specific situations:

• Filing a counterclaim: You pay the same filing and service fees as the plaintiff — typically $84 to $100 under RJC Rule 16
• Subpoenaing witnesses: The clerk issues subpoenas under RJC Rule 21. A subpoena may be served by a sheriff, deputy sheriff, constable, or another nonparty who is at least 18; a service fee may apply if you hire a constable or process server
• Filing an appeal: A Notice of Appeal under RJC Rule 27 requires appellate costs plus an appeal bond — usually double the judgment amount plus estimated costs
• Post-judgment garnishment: A garnishment proceeding costs $15 under the fee schedule

Who Pays at the End

The losing party typically gets assessed court costs. When the judge enters a final judgment, the order usually includes the original filing fees and service costs on top of the monetary award.

If the plaintiff wins, those costs get added to the amount you owe. If you win as the defendant (the claim is dismissed), the judge may order the plaintiff to absorb their own filing costs — though Justice Court judges have discretion on cost allocation.

Settlement agreements can address costs explicitly. If you are negotiating a settlement before trial, specify in writing whether court costs are included in the settlement amount or paid separately.

Fee Waivers for Low-Income Litigants

If you cannot afford filing fees — particularly relevant if you need to file a counterclaim or an appeal — you may petition to proceed In Forma Pauperis by submitting an Affidavit of Indigency. The Justice Court judge evaluates your financial situation, and if approved, filing fees are waived.

The waiver covers upfront fees, not final costs. If you lose the case, the judge can still assess court costs against you in the final judgment. More details on the process in our fee waiver guide.

Costs in Context

Justice Court fees are modest compared to higher courts. Circuit Court filing fees in Mississippi start around $250, and Chancery Court fees can exceed $300. The $84–$100 range for Justice Court reflects the simplified forum for claims capped at $3,500.

That said, fees matter when the amount in dispute is small. A $500 security deposit case with $100 in filing fees means a fifth of the claim goes to court costs before anyone presents evidence. Factor this into your decision about whether to file a counterclaim or whether settling makes more financial sense.

The Responding to a Small Claims Case in Mississippi guide includes a cost calculator and step-by-step procedures for counterclaims, appeals, and fee waivers — everything a defendant needs to budget the full cost of responding.

See more Mississippi guides →