Utah Small Claims Filing Fee: Costs, Fee Waivers, and Hidden Expenses
Filing Fees by Claim Amount
Utah's small claims filing fee is based on how much you're suing for:
| Claim amount | Filing fee |
|---|---|
| $2,000 or less | $60 |
| $2,001 – $7,499 | $100 |
| $7,500 – $20,000 | $185 |
These are set by Utah Code Section 78A-2-301 and apply to all Justice Courts statewide.
Filing fees are non-refundable, even if you lose. If you win, the judge can include your filing fee in the judgment amount — but collecting it depends on the defendant actually paying.
Beyond the Filing Fee: The Real Total Cost
The filing fee is only part of what you'll spend. Here's what else to budget for:
Service of process: Someone other than you must deliver the court papers to the defendant. Options include:
- County sheriff or constable: typically $20–$50
- Private process server: typically $40–$80
- Any adult aged 18+ who is not a party, relative, or co-party and has no direct interest: free (but you'll want someone reliable)
Certified copies: $4 per document plus $0.50 per additional page. You may need certified copies for service or your own records.
Subpoena fees: If you need to compel an unwilling witness to attend, you'll pay witness fees plus service costs.
Appeal fees (if it comes to that): $10 to the Justice Court plus $240 to the District Court for a trial de novo.
A typical case for a claim under $2,000 — filing fee plus sheriff service — runs around $80–$110 total out-of-pocket before you step into court.
How Fee Waivers Work
If you can't afford the fees, Utah allows you to apply for a waiver by filing a Motion to Waive Fees with a supporting financial affidavit.
Eligibility is based on household gross monthly income:
| Household size | Maximum gross monthly income |
|---|---|
| 1–3 members | $3,227.50 |
| 4 members | $3,900.00 |
| 5 members | $4,572.50 |
| 6 members | $5,245.00 |
| Each additional | +$672.50 |
If approved, the waiver covers:
- Your court filing fee
- The Justice Court appeal notice fee ($10)
- In-state service by a county sheriff or constable
It does not cover:
- Private process server fees
- Out-of-state service costs
- Newspaper publication fees
- Witness subpoena fees
Filing a fee waiver motion does not pause any deadlines. Your statute of limitations and service windows keep running while the court reviews your application.
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Counter-Affidavit Fees (Defendant Side)
If the defendant files a counterclaim against you, they pay a separate fee:
| Counterclaim amount | Fee |
|---|---|
| $2,000 or less | $50 |
| $2,001 – $7,499 | $70 |
| $7,500 – $20,000 | $120 |
When Filing Costs Don't Make Sense
For very small claims — under $200 or so — the math can work against you. A $60 filing fee plus $40 for a process server means you're spending $100 to recover $200, and that's before you factor in your time. There's no minimum claim amount in Utah, but it's worth doing the arithmetic before filing.
On the other end, remember that filing a $185 fee in the wrong court precinct means that money is gone if the case gets dismissed for improper venue. Double-check jurisdiction before you file.
Our Utah Small Claims Filing Guide includes a filing cost calculator worksheet so you can map out your full expenses before committing to the process.
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