Mississippi Small Claims Court Filing Fee: Full Cost Breakdown

The Uniform Civil Case Fee Is $25

Mississippi sets a uniform Justice Court civil case fee by statute. Under Miss. Code § 25-7-25, the fee is $25 for every civil case — contested or uncontested — in any of the state's 82 Justice Courts. You pay this up front to the clerk when you file your complaint.

That $25 is the statutory civil case fee. It's the same whether your claim is for $200 or the full $3,500 jurisdictional maximum. County schedules may list higher combined totals because of process-service and other charges, so confirm the full amount with the clerk.

Process Service Adds $55 by Constable or $45 by Sheriff

After the clerk issues your summons, someone has to deliver it to the defendant. The statutory service fee is $55 for constable service under Miss. Code § 25-7-27, or $45 for sheriff service under § 25-7-19. If there is more than one defendant, § 25-7-25 adds $5. For additional defendants at the same household, the constable charge is $10 each and the sheriff charge is $5 each. County schedules can include other charges.

Here are representative total startup costs reported for county schedules. These are combined totals, not a breakdown of the statutory fees; confirm the current total with the local clerk:

For two defendants at the same address, the listed county totals run about $95 to $100. The $25 uniform fee and service charges still apply; additional service fees can be higher when defendants are at different addresses.

Other Fees You Might Hit

• Post-judgment execution or garnishment: $15 court fee under § 25-7-25, plus any required constable or sheriff service fee
• Deposition commission: $5 — rarely used in Justice Court, but available
• Appeal processing: $5 — the clerk's fee for preparing appeal transcripts
• Alias Summons service: another $55 for constable service or $45 for sheriff service under the applicable statute, if the first attempt fails and you need to try again with an updated address
• Private process server: varies — you can hire anyone 18+ who isn't a party to serve the papers, and they set their own rates

Fee Waivers for Indigent Filers

If you can't afford the filing and service fees, Mississippi law provides an escape valve. Under Miss. Code § 11-53-17, you can file a Pauper's Affidavit — a sworn statement that you're unable to pay due to poverty. The Justice Court judge reviews it and decides whether to waive the fees.

An approved affidavit may waive advance payment of court costs, including the $25 civil case fee and constable service charges. It doesn't automatically cover private process servers, publication fees, or post-judgment appeal bonds — those may require a separate order from the judge.

Be honest. If the court later determines the affidavit was false, your case gets dismissed and you'll owe all the accrued costs anyway.

Can You Recover Your Fees?

If you win, the judge typically adds your filing and service costs on top of the judgment amount. These fees sit outside the $3,500 jurisdictional cap — they don't count toward it. Under Miss. Code § 75-17-7, judgments founded on a sale or contract bear interest at the contract rate; the judge sets the rate for other judgments.

The Mississippi Small Claims Filing Guide includes a fee calculator worksheet and budget planner so you know exactly what you'll spend before you walk into the clerk's office.

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