Skip NavigationSmall Claims Court: Procedures and Practices
 
Lesson 6.
Entering Judgment

 

§6.09 Costs

previous page next page

The prevailing party is entitled to the costs of the action, including the costs of serving the order for the appearance of the defendant. [CCP §116.610(g)(1).]

The following costs may be recovered:

  • Filing fees [CCP §1033.5(a)(1)];
  • Service of process fees:
    • For service of process by a public officer, $30 [GC §§26720.9, 26721];
    • For service of process by a private person, (a) the sum actually incurred or (b) the statutory fee allowed to a public officer, whichever is less—except that you may, on a party’s application, award the sum actually incurred [CCP §1033.5(a)(4)(D)]; or
    • For service by a process server, the amount actually incurred in effecting service, including but not limited to a stakeout or other means employed to locate the person to be served [CCP §1033.5(a)(4)(B)];
  • For a subpoenaed witness, a statutory witness fee of $35 a day and mileage actually traveled, both ways, at 20 cents per mile [GC §68093]; and
  • Costs of enforcing the judgment [CCP §116.820(c)].

How would YOU rule? Click

The following items are not recoverable costs [CCP §1033.5(b)]:

  • Fees of experts not ordered by the court;
  • Investigation expenses in preparing the case for trial; and
  • Postage, telephone, and photocopying charges, except for exhibits.
 
 
 
previous page next page