Santa Clara County Small Claims Filing Fee

Filing fee

$30–$75

Claim limit

$12,500

Service per defendant

$15

Pay online

Yes

The costs that are not the filing fee

Filing is the first charge, not the only one. Santa Clara County also charges:

• Clerk mail service of claim per defendant: $15

None of these are optional once the case is moving, and all of them are recoverable in the judgment if you win. They are simply not quoted at the counter when you ask what it costs to file.

Fees change — confirm the current amount with the clerk at 408-882-2352 before you file.

What it costs to serve the defendant

Santa Clara County charges $15 per defendant for service. That is on top of the filing fee, and you pay it for each person or business you are suing.

• Personal service - an adult 18 or older who is not a party hands the forms to the defendant
• Substituted service - leave the forms with an adult at the defendant's home or usual mailing address (not a P.O. box) or workplace, then mail a copy
• Certified mail sent by the court clerk (offered only in some courts; a $15 clerk fee, and it often fails because the defendant can refuse to sign)
• Service by the county sheriff or marshal for a fee
• Service by a registered process server for a fee

Clerk certified mail is complete only if the defendant actually signs for it; a refused or unsigned certified-mail service does not count and will delay the case, so most filers use personal service by a sheriff or process server.

How this clerk takes payment

Superior Court of California, County of Santa Clara — Small Claims Division (Downtown Superior Court) accepts:

• Cash, personal check, cashier's check, certified check, traveler's check, or money order (in person)
• Check only, payable to "Clerk/Superior Court" (by mail)
• Credit card via NCourt — American Express, Discover, MasterCard, or Visa (3.5% convenience fee, in person)
• Fax payment for Small Claims — MasterCard, Discover, and American Express only

Filing through Odyssey eFileCA (court-approved Electronic Filing Service Providers) takes card payment at the time you file.

Common questions

How much does it cost to file a small claims case in Santa Clara County?

$30–$75 to file, depending on how much you are suing for, plus $15 per defendant for service. Fees change — confirm the current amount with the clerk at 408-882-2352 before you file.

Can I get the filing fee back if I win?

Court costs, including the filing fee and service, are normally included in the judgment you ask for. Getting them back still depends on collecting the judgment.

What if I cannot afford the filing fee in Santa Clara County?

Courts have a fee-waiver application for filers below an income threshold. Santa Clara County's self-help center can point you at it. We cannot tell you whether you qualify.

How do I pay the Santa Clara County filing fee?

Superior Court of California, County of Santa Clara — Small Claims Division (Downtown Superior Court) takes 4 forms of payment, listed above.