If someone goes to small claims court is the court cost included with the judgement or is it separate? I have a really close friend of mine that went into default because he was unable to go that day. It is a cemetery that sued him. He wasn't aware that the contract was a binding contract. He never thought a prepaid funeral plan was a binding contract. He thought it was like a layway plan you can cancel anytime he wanted to. It is likely he could of won but was not able to go because he doesn't have a way there. Since he had to go into default what is his options and is the court cost added to the judgement or is it separate? It isn't likely he will be able to pay it because he is on disability and his income is really low.