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Court

Court fee waiver

If you can't afford court filing fees, file this with any case to ask the court to waive them.

3 documentsAbout 15 minutes5 questions to answer
What's in the pack
Request to Waive Court Fees (FW-001)
Court form
01
Order on Court Fee Waiver (FW-003)
Court form
02
Income & expense worksheet
Worksheet, 1 page
03
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Court access shouldn't depend on having $400 in your pocket. Every state has a fee waiver — most people don't know it, and most courts don't volunteer it.

Who this pack is for

You need to file a lawsuit, respond to one, get certified copies, or pay any other court fee, and the fee is a real obstacle. Maybe you receive public benefits — SNAP, Medicaid, SSI, TANF, public housing assistance — which often qualifies you automatically. Maybe your income is below 125% or 200% of the federal poverty line, depending on your state's threshold. Maybe paying the fee would mean choosing between rent and groceries. The court will not waive fees if you don't ask in writing, on their form, with the right financial detail.

When to use it

File the fee waiver request at the same time as the case it's for, or as soon as you know you'll have a fee. Most courts let you file the waiver alongside the underlying case — eviction answer, divorce petition, small claims complaint, name change — and the clerk processes both together. If your application is approved, you don't pay the filing fee, the certified-copy fee, or (in many states) the cost of having the sheriff serve papers on the other side. If denied, you can request a hearing or refile with more documentation; you don't usually have to pay the fee in the meantime.

What it doesn't cover

A fee waiver covers court fees, not attorney fees. If you need a lawyer and can't afford one, that's a separate question — most counties have legal aid and many have right-to-counsel programs for specific case types (eviction defense in many cities, custody and family law in some). The waiver also doesn't cover federal court fees, which have their own form (AO 240, in forma pauperis application) and a stricter standard. It doesn't apply to private mediation or arbitration; those are between you and the provider. And in most states, if you win money damages or recover property in your case, the court can claim back the waived fees out of your judgment.

State-specific notes

Rules vary by jurisdiction. Below are notes for the states where court fee waiver runs into the most variance. If your state isn't listed, default to your state's tenant-rights handbook or local legal aid.

California (CA)
California uses Form FW-001 (Request to Waive Court Fees) plus FW-003 (Order). Automatic eligibility if you receive Medi-Cal, CalFresh, CalWORKs, SSI, SSP, GA/GR, IHSS, or Tribal TANF. Income-based eligibility uses 125% of the federal poverty guideline. Decision must be made within 5 court days.
New York (NY)
New York calls it a 'poor person application' and uses an affidavit (no statewide form number — varies by court). The standard is whether paying would cause hardship to you or those depending on you. Granting or denial is discretionary, and you may have to write a short narrative explaining your situation.
Texas (TX)
Texas uses the 'Statement of Inability to Afford Payment of Court Costs' (Tex. R. Civ. P. 145). The clerk must accept your filing for free and you don't need court approval before filing. The other side can challenge your statement; a hearing then decides whether you actually qualify.
Florida (FL)
Florida uses an Application for Determination of Civil Indigent Status. The Clerk of Courts (not a judge) makes the initial determination based on the federal poverty guidelines. If denied by the clerk, you can ask a judge to review.
Illinois (IL)
Illinois has a tiered system under Supreme Court Rule 298: full waiver if income is below 125% of poverty, partial waiver between 125% and 200%. The form (Application for Waiver of Court Fees) is uniform statewide.

Common questions

Will the other side know I asked for a fee waiver?
Generally no — the application is filed with the court clerk and sealed in many jurisdictions. Some courts make the order on your application part of the public file but redact the financial details. If you're worried, ask the clerk before filing whether the application or the financial information is public in your court.
What documents should I bring to support the application?
Most courts will accept the application on its own (under penalty of perjury), but some ask for: a recent paystub or proof of unemployment, a letter showing public benefits, a recent tax return or proof you don't file, and a list of your monthly expenses. The pack drafts an income/expense worksheet so you have your numbers organized either way.
What if I'm employed but still can't afford the fees?
Income alone doesn't disqualify you. Most states look at 'ability to pay,' which factors in dependents, debt, medical costs, and basic necessities. A family of four with $3,500/month gross income, $1,800 rent, and a sick parent might still qualify even if income alone is over the threshold. List the expenses; let the court do the math.
Can the court take back the waiver if I win the case?
In some states, yes. California, for example, can collect the waived fees out of any judgment you recover above $10,000. In other states, the waiver is permanent regardless of outcome. Check your state's statute or ask the clerk; this is a routine question they answer.
What if I'm filing in federal court?
Federal court has its own fee waiver — called proceeding 'in forma pauperis' or IFP — using Form AO 240. The standard is poverty plus the case being non-frivolous. Federal judges can dismiss an IFP case sua sponte if they think it has no merit, so the federal version of this is more involved than the state version. Get help from a federal pro bono clinic if your case is in federal court.
Do I have to ask the judge in person?
Usually no. The waiver is processed on paper by the clerk or a judicial officer in chambers. If denied or challenged, then you might get a brief hearing — informal, often by phone or video, where the court asks about your finances. Bring the worksheet and any benefit-letter or paystub you have.

Sources

Primary legal sources cited above. These link to free, public versions of the statutes, regulations, and case law referenced in this pack.

Pike provides plain-language legal information, not legal advice. State and local rules change. If money, custody, or your housing is on the line, talk to a licensed attorney or your local legal aid office.