Pennsylvania Court Fees: An Overview
Court fees in Pennsylvania are charges imposed by the court system, intended to cover the costs associated with the judicial process. These fees are standard across most jurisdictions, serving as a financial prerequisite to utilizing the court’s services for both parties in a civil action. In the case of a criminal proceeding, fees may be levied against defendants attempting to mitigate or resolve a criminal charge.
Pennsylvania’s Unified Judicial System adheres to a uniform set of court rules, maintaining consistent standards for the entire Commonwealth. These standardized court rules are applied statewide, with minor jurisdictional exceptions. What that means in part is that all litigants are subject to the same court rules and fees in any given county or city.
Fees may be included in such court forms as a complaint, a subpeona , and other documents and filings requiring the court’s knowledge of, or personal participation in, the case. In criminal cases especially, there are often fees assessed for requesting a preliminary hearing, filing for bail, and/or other charges related to processing criminal charges through the court system. A complete list of the presiding fees for civil, criminal, and various administrative functions is contained in Pennsylvania’s master fee schedule.
By statute, county courts must maintain the master fee schedule, which enumerates the filing fees to be imposed on all related litigation. This comprehensive listing should be available upon request through your county court. In some jurisdictions, fee schedules will run for a six-month period, or on some other schedule. Each new schedule supersedes the prior fee schedule.
Different Types of Court Fees in the State of Pennsylvania
Among the types of court fees that may be charged are:
Filing Fees
Filing fees are a cost that comes into play before a legal matter even begins. You pay the filing fees when you are ready to file your complaint with the court.
The filing fee is generally a flat rate. The fee varies on a county-by-county basis in Pennsylvania. For example, the filing fee for a complaint may be $250 in one county, but $200 in another. Be aware that filing fees change, so the filing fee today may not be the same when you file your case in the future. Contact the Prothonotary’s office in the applicable county to find out the current fee schedule.
If you filed for an In Forma Pauperis Waiver, you will not be required to pay a filing fee. In this instance you will be legally excused from paying this fee, just as if you had paid it. If you lost your case later on you could still be ordered to pay costs and/or attorneys’ fees.
Court Reporter Fees
If your case involved courtroom proceedings or depositions in PA, it’s likely that there will be court reporter fees to pay. These fees are dependent on the hourly rate charged by the reporter and the actual amount of time spent on the court documents. Fees related to a court reporter may also be charged for travel time. Victims of domestic violence may be entitled to a court reporter at no cost to them, but they should check on it before the time arrives for the report to be completed.
Fees to Serve Papers
A copy of your complaint and other paperwork needs to be served according to PA court rules. You must pay a fee to the Sheriff for service in some cases and/or a fee to serve papers through certified mail. If you notify the court that you are seeking an In Forma Pauperis Waiver, court personnel can provide guidance on what fees would apply to your case.
The Cost of Common Legal Issues
While there is no uniform cost for court fees in Pennsylvania, the cost of bringing or defending a legal action tends to vary according to the complexity of the matter. Here are some average costs for some common legal matters:
Divorce Proceedings
It costs between $93 and $299 to file for divorce in Pennsylvania. Uncontested divorces require only one filing while contested divorces may require multiple filings in addition to service fees paid to skip tracing companies.
Small Claims Court
To file a small claims case in Pennsylvania, the filing fee ranges from $30 to $100 depending on the amount of money sought. Small claims court is often a more affordable option for civil litigation.
Probate Proceedings
It costs an average of $100 to initiate a probate action in Pennsylvania. Further filings to the case may be required as well as possible service fees for probate litigants who are domiciled outside of the country.
Criminal Proceedings
Most criminal proceedings in Pennsylvania can be initiated for a cost of $50. If additional motions are required, the cost may increase as the cost of filing motions is $50. However, the filing fee in criminal and civil cases has not increased since the 90’s and the state legislature is pushing to raise fees to provide funding for the courts.
Circumstances that Impact Court Fees
Court fees in Pennsylvania can vary based on a variety of factors. When determining your costs, it is essential to take the following into account:
- The nature of the action
- The amount of work involved
- The statute that is supposed to pay the fees
Usually, the costs involved in a case fall under the general category of court costs. This covers things like the issuance of pleadings, the entrance of judgments, service costs, mileage costs, along with expenses to either appeal or set aside judgments.
Although the filing fee is quite straightforward, certain other fees may be based on the type of case or the value of the dispute. For example, divorce fees will differ depending on whether the matter goes through mediation or not, since the latter will suffer additional costs. With custody disputes, filing fees will depend on whether you ask for custody or guardianship. The initial fee in a custody case cannot exceed $113.50.
Much more complicated is the matter of determining the fee in a case based on the divorce amount. When divorces are filed for discharges in unpaid debts, the value of the claim must exceed $5,000. There is a specific petition form for these cases. The fee can include commissions on the debt itself, which makes use of the statutory basis for debt recovery. In order to retrieve an award, it is up to a judge to determine the total amount of fees. Fees range from $308.50 all the way up to $962.
Some of the most common costs incurred are for issuing pleadings, serving subpoenas, and garnishing wages. Fees for filing a writ of execution to hold property are $162. As stated before, the type and nature of the matter will change the amount of the fee.
Situations with bankruptcy issues often involve compliance. Essentially, the purpose of these fees are to ensure that a party that is issuing a subpoena has taken the correct steps to recover. These fees can be inspected by the entity in question. Courts and clerks can disburse these expenses to the parties involved.
There are many other fees you will need to pay when going to court. Special testimonies, pre-judgment interest, civil complaints, writs of clearly performed services and fees for estates and costs of publication are just a few. Court fees can certainly add up, but having the right attorney by your side through it all can help you keep them under control.
How You Can Pay Court Fees in the State of Pennsylvania
In order to obtain a protective order, a plaintiff must pay a filing fee unless they are granted in forma pauperis status. An in forma pauperis petition is a request to have the court waive costs due to the petitioner’s inability to pay. Even if a plaintiff’s in forma pauperis petition is denied, they are not prohibited from bringing a protective order petition. In that case, the plaintiff must pay their fees by money order or check payable to the Clerk of Court . The plaintiff should bring the money order or check to the courthouse where the complaint is filed to tender it to a clerk at the civil filing counter.
Certain small claims may be handled online, but the computerized court system is not yet connected to the PACFile system that covers protection from abuse proceedings. The Pennsylvania Supreme Court Committee on Prothonotaries and Clerks of Courts has noted that the PACFile system will eventually be available for both electronic filing and electronic payment options. For now, filers should be prepared to pay by check or money order in addition to filing online.
Fee Waivers and Reductions That May Be Available
If you can’t afford to pay the full cost of court fees, that should not be a barrier to filing documents in the Pennsylvania court system. All courts are required to "waive" the payment of filing fees if you qualify for the "fee waiver."
The fee waiver application is form IFP-1, called the "Motion to Proceed In Forma Pauperis." If you are unable to complete the form by yourself, ask the court clerk for help.
If you are not poor but simply in need of paying fees over an extended period of time, ask the clerk for a fee "installment payment." With this arrangement, you may pay your court fees after you have filed your legal papers.
Avoiding and Preparing for Certain Court Fees
In addition to knowing the correct amount of court fees that are due in a given case, you must also know how to avoid paying even more in overrage fees and plan for paying the right amount at the right time.
Avoiding Overrages
Imagine you are in your County’s domestic relations office and you are approaching the counter with your paperwork to record your deed. You have carefully calculated the fees because you are told that if you are off by even one penny, the paperwork will be sent to you with your check for a refund. But you forgot that you also need to pay a Notary fee and an Administrative fee. Now you have to run back out and pay the Notary $5.00 and hope the employees up front are in a good mood and approve of your work.
Tips for success:
Don’t pay the wrong amount of court fees. Listen to your attorney, who is there to guide you through this process .
Budgeting for Court Fees
Court fees have been on the rise over the past few years as County Courts try to make up for budget shortfalls. But fees have never been steady and there is little relief in sight any time soon. When you have no idea how much your divorce will cost, it can be hard to budget.
Some domestic relations offices will offer a financially challenged client the ability to apply for a fee waiver.
If you are an indigent parent you may qualify for a fee waiver. You must fill out an affidavit and submit it along with your forms. Your income, including food stamps, WIC, and any other benefits, looking back to last year’s tax return, will be added up and then compared to the table of incomes. Your income must be at or below the income listed in the table of incomes in order to be approved for the fee waiver. If you are denied, you must provide a reason why the fees cannot be paid and a suggestion for reducing the fees. A judge will determine whether your case is dismissed or not.