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Court Fees and Fee Waivers in Kings County

Litigation costs money before a lawyer is even involved. Index numbers, requests for judicial intervention, motion fees, note of issue fees, process servers and transcripts all add up. New York also provides a real mechanism for waiving court fees for people who cannot afford them, and it is underused.

Where fees come from

Expect a fee to purchase the index number, a fee for a request for judicial intervention when a case is assigned to a judge, fees for motions in some courts, and a fee to file the note of issue. Small Claims and Commercial Claims have their own, much lower schedules. Because amounts are set by statute and periodically revised, always verify the current figure rather than relying on an older filing.

Costs the court does not charge

Process servers, court reporters and deposition transcripts, expert witnesses, record retrieval, and travel are paid to third parties. In many cases these exceed the court fees several times over. Budget for them at the outset — running out of money mid-discovery is a strategic disaster.

Applying to proceed as a poor person

An application supported by an affidavit describing income, assets, expenses and the merits of the claim can result in waived fees. Receipt of public assistance or representation by a legal services organization can support the application. Filing the application at the start of the case is far cleaner than seeking retroactive relief after fees have accrued.

Recovering costs from the other side

A prevailing party can often tax statutory costs and disbursements. That recovery is modest and rarely covers actual expense. Attorney's fees are recoverable only where a contract or statute provides for them — which is exactly why contract fee-shifting clauses deserve attention long before a dispute begins.

Common questions

How much does it cost to start a case in Kings County?
It depends on the court and case type, and the statutory amounts change. Confirm the current fee with the clerk's office or the Unified Court System fee schedule before filing.
Can I get filing fees back if I win?
Statutory costs and disbursements may be taxed against the losing party, but they usually recover only a fraction of what litigation actually costs.
Does a fee waiver cover a process server?
Poor person relief can extend to certain expenses in some circumstances; the application should specifically request what you need.

Have a matter in Kings County?

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Related guides

This guide is general information about court procedure in Kings County, New York. It is not legal advice and does not create an attorney-client relationship. Court rules, fees and deadlines change — confirm current requirements with the court or an attorney before acting. Dispute Counsel PLLC serves New York residents, businesses and New York local representation.