Suing someone sounds simple in theory. In practice, it involves court filing fees, attorney costs, months or years of your time, and no guarantee of recovering anything even if you win. Before you commit to litigation, you need to understand exactly what it costs — and whether the amount you're trying to recover justifies those costs.
Small claims court: The cheap option — genuinely useful for small disputes. Filing fees range from $30–$300 depending on your state. You don't need an attorney. The ceiling varies by state, typically $5,000–$10,000 and up to $25,000 in California. If your dispute falls within small claims limits, start here.
Civil court — simple case: Filing fees in civil court range from $200–$500. Attorney costs for a simple civil case that settles early: $3,000–$8,000.
Civil court — contested case through trial: Attorney fees alone run $15,000–$75,000 for a case that goes to trial. Add court reporter fees, expert witnesses ($2,000–$10,000 each), deposition costs, and document discovery. Total litigation costs for a contested case through trial can easily reach $50,000–$200,000.
Winning a lawsuit doesn't mean you'll see the money. A judgment is a piece of paper — it gives you the legal right to collect, but not the ability. If the person you sued has no assets, no bank accounts, no wages to garnish, and no property to lien, your judgment is effectively worthless.
This is why experienced attorneys always assess collectability before filing. Suing a judgment-proof defendant is a costly exercise in frustration.
The general rule: litigation makes financial sense when your potential recovery is at least 3–5x your anticipated legal costs. If you're pursuing $10,000 and litigation will cost you $8,000, you're taking significant risk for a $2,000 net gain — assuming you win and collect, neither of which is guaranteed.
Demand letters — written by an attorney, sent before filing — resolve a surprising number of disputes without litigation. A well-drafted demand letter costs $300–$800 and signals you're serious. Many defendants who would fight a lawsuit will settle a demand letter to avoid the hassle.
Mediation and arbitration are faster and cheaper than litigation for disputes where both parties acknowledge the disagreement. Private arbitration runs $3,000–$10,000 total versus $50,000+ for trial.
For attorney costs in your area, our guides cover employment disputes in New York and business litigation in Los Angeles.