united-states landlord tenant small-claims-court deposit
Small Claims court fee in the USA as a plaintiff — is it acceptable to ask for a refund from the defendant?
<p>I was a tenant, and I have a dispute with a landlord (a leasing corporation) over the security deposit. Based on the facts alone, it seems to me that the law is on my side (however I do know that in the USA this does not guarantee a win).</p>

<p>Originally the landlord claimed that I am responsible for a damage, therefore they would keep the whole deposit to fix it. However, after some correspondence with the landlord, they said they were willing to keep from my deposit only an amount that happens to be just slightly higher than the local Small Claims court fee (if I choose to file a claim there).</p>

<p>For example, the landlord is willing to take only $100 out of the deposit, while the court fee is $95.</p>

<p>Essentially, the landlord makes it useless for me to file a claim to defend myself.</p>

<p>But if I do file a claim and win, is it normal in a Small Claims court in the USA for the plaintiff to ask not only for a refund of the money that was taken unduly, but also for the defendant to refund the court filing fee the plaintiff had to pay, and maybe other expenses of the plaintiff like a compensation for the time lost on corresponding with the landlord and filing a claim?</p>

<p>Otherwise, it is an incentive for landlords to steal small amounts from deposits whenever they just think they have an excuse.</p>

<blockquote>
  <p>But if I do file a claim and win, is it normal in a Small Claims court
  in the USA for the plaintiff to ask not only for a refund of the money
  that was taken unduly, but also for the defendant to refund the court
  filing fee the plaintiff had to pay, and maybe other expenses of the
  plaintiff like a compensation for the time lost on corresponding with
  the landlord and filing a claim?</p>
</blockquote>

<p>The question you are asking is governed by state law in the United States, not by federal law. So, it is not uniform across the United States, although there are many similarities between states, which makes it possible to provide a partial general answer.</p>

<p>In most U.S. states if you file a lawsuit of any kind and win, you receive not only your damages, but also your "court costs" and both pre-judgment and post-judgment interest at the appropriate rate on what you are awarded.</p>

<p>"Court costs" usually does not include attorneys' fees, but would include, for example, filing fees, service of process fees, fees that you had to pay to witnesses under subpoena, expert witness fees, postage charges associated with the mandatory delivery of documents in the case, and photocopying and stationary costs for trial exhibit books.</p>

<p>There can sometimes be disputes over who was the prevailing party if there is a counterclaim, and there can likewise be disputes of the reasonableness of claims for court costs. But money actually paid for a small claims court filing fee would almost never be considered unreasonable (unless, for example, you paid a jury demand fee in a case where there was no right to a jury trial).</p>

<p>This isn't a "refund" of your filing fee. The court keeps the money. It is simply an addition component of the money judgment awarded against the other party.</p>

<p>Also, if you file a lawsuit and lose, you have to pay the "court costs" of the defendant.</p>
