Sometimes you need to pay fees when going to court. A filing fee is the amount of money the court charges to begin your court case. This amount depends on the court and the type of case. You may need to pay other filing fees at certain times during your case.
If you cannot afford to pay the court fees, you can ask for an exception to avoid paying fees.
Each court has different rules for how to apply for a fee waiver. If you do not have an attorney, it is best to call the Court Clerk’s office to ask for instructions. You can also visit a Court Help Center.
You may be able to get some, or all, of the court fees waived if:
- you are receiving public benefits such as welfare, Food Stamps, or SSI benefits; or
- you do not have enough income to support your family and pay the court fees.
I need to get my court fees waived
What information do I include in my fee waiver request?
You will need to provide proof of your financial information in your fee waiver request. For example, you must include the following information in your fee waiver request:
- Your assets – what property you own and how much money you have in the bank,
- Your income – how much you earn, including copies of your paystubs,
- Your expenses – what you pay for rent, utilities, food and more, and
- Your debts – how much you pay each month for debts you may have.
If you receive public benefits, such as Food Stamps or SSI, you should include proof in your waiver request.
Do all court cases require filing fees?
Many courts charge money to begin cases. Filing fees are not required in Family Court cases or domestic violence cases do not require filing fees. If you did not start the case, you do not have to pay a filing fee.
Are there any other fees that I must pay in my court case?
Each court is different. Here are examples of other fees you may need to pay, even if you didn’t start the case:
- Service fee – money you pay the sheriff or process server to deliver the papers to the other side in your case.
- Witness fee – might be needed if you ask certain witnesses to testify at trial.
- Mediation fee – may be required if the judge sends your case to mediation, so that the mediator can help you and the other side to come to an agreement. This sometimes happens in child custody cases.
- Appeal fee – paid to ask a higher court to review your case to determine if the previous judge made any mistakes.
My court does not have a fee waiver request form, is there another form that I should ask for?
Some courts call the fee waiver request form by a different name. Some courts call the form:
- Poor Person’s Application
- Application to Proceed In Forma Pauperis; or
- Indigency Affidavit.
Last Reviewed: December 2, 2024