Federal court fee waiver (AO 240) document pack

Federal court doesn't have a statewide free-filing window. It has Form AO 240 — an in forma pauperis application — and a judge who will read it before deciding whether you can sue without paying.

Who this pack is for

You need to file a federal lawsuit (or already have one going) and you cannot afford the $405 civil filing fee. Maybe you're filing a Section 1983 civil-rights claim against a government official. Maybe you're appealing a Social Security disability denial. Maybe you're filing a federal employment discrimination case after the EEOC issued a right-to-sue letter. Maybe you're a federal prisoner filing a habeas corpus or civil rights complaint. The federal in forma pauperis statute (28 U.S.C. § 1915) lets indigent litigants proceed without paying the filing fee, but the court reviews the application carefully and can dismiss frivolous IFP cases on the spot.

When to use it

File the AO 240 with your complaint, on the same day. The court won't process the complaint until either the fee is paid or the IFP application is granted. Federal judges rule on IFP applications within days to weeks; the case sits in 'unfiled' status until they decide. If denied, you'll usually get a deadline to pay the fee or your case is dismissed without prejudice (you can refile, but the statute of limitations keeps running). For appeals, a separate AO 240A is filed at the appellate level; getting IFP at the district court does not automatically extend to appeal.

What it doesn't cover

This is for federal civil cases requiring the standard $405 filing fee (or $505 for some appeals). It does not cover criminal cases (defendants in federal criminal cases get appointed counsel via the CJA program automatically). It does not cover bankruptcy filings (Chapter 7 has its own fee waiver, Chapter 13 fee can be paid in installments). It does not cover state court fee waivers — Pike has a separate state court fee waiver pack for those. It does not advise on whether your case has merit; the federal court can dismiss an IFP complaint sua sponte under 28 U.S.C. § 1915(e) if the case is frivolous, malicious, or fails to state a claim. If you're uncertain about the merits, talk to a federal pro bono clinic (most districts have one) before filing.

Common questions

What's the income threshold for federal IFP?

There's no fixed threshold. Federal courts use a totality-of-circumstances test — your income, assets, dependents, and necessary expenses. Generally, applicants below 125% of the federal poverty guideline are routinely approved; above 200% are routinely denied; in between is fact-specific. Recipients of public benefits (SNAP, SSI, TANF, Medicaid) are generally presumed eligible. The application asks for monthly take-home pay, spouse's income, cash on hand, monthly rent, and a description of monthly expenses — fill it out completely.

What if my application is denied?

The court will issue an order, usually with a deadline (often 30 days) to pay the filing fee. You can also file a motion to reconsider with additional financial information, or appeal the denial to the next-higher court. If you can't pay and the case is time-sensitive (statute of limitations approaching), get help from a federal pro bono clinic immediately — many districts have one specifically for self-represented litigants.

Will the court appoint me a lawyer if I can't afford one?

Federal civil litigants are NOT automatically entitled to appointed counsel — that's a criminal-case right, not civil. Some districts have pro bono volunteer panels that take indigent civil cases (especially civil rights and employment discrimination); the judge can refer your case to the panel after IFP is granted. Don't assume; ask the court whether pro bono assistance is available in your district.

What about service of process — does IFP cover that?

Yes. When IFP is granted, the U.S. Marshal serves the complaint and summons on the defendants without charge to you (28 U.S.C. § 1915(d)). Without IFP, you'd pay a process server $50–$150 per defendant. The Marshal's service is slower than a private process server but free.

Can the court take fees back if I win?

Yes. Under 28 U.S.C. § 1915(f), if you recover a money judgment, the court can require you to pay the costs the IFP status saved you (filing fee, service costs) out of the recovery. Some judges enforce this; some don't. Either way, IFP is a deferral as much as a waiver — get the case filed and decide later if there's a settlement or judgment to address fees out of.

What's the prisoner-IFP rule?

Federal prisoners can file IFP but are subject to the Prison Litigation Reform Act (PLRA, 28 U.S.C. § 1915(b)), which requires installment payment of the filing fee from prison commissary income, the 'three-strikes' rule barring further IFP after three frivolous filings, and additional screening of complaints. Prisoner IFP is more complex than the standard non-prisoner IFP and uses different forms.

Is IFP confidential?

Mostly yes. The financial information in AO 240 is filed under seal in many districts and not part of the public docket. The fact that you filed IFP becomes part of the public record (the case caption may reflect it), but the dollar figures and personal details typically don't. Confirm with your local clerk's office; practices vary by district.

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.