Affidavit of Indigency (State Court Fee Waiver)
Request a waiver of court filing fees in state court — ensures access to justice when financial hardship prevents paying filing costs.
An Affidavit of Indigency (also called Application for Fee Waiver, In Forma Pauperis Affidavit, or Certificate of Indigency depending on the state) is the document that asks the state court to waive filing fees and other court costs because you cannot afford to pay them. Every state has a procedure for indigent litigants — typically requiring a detailed financial disclosure: income, assets, expenses, dependents, and an explanation of why paying the fees would cause substantial hardship. Filing fees for counterclaims, motions, appeals, and even the initial Answer (in some courts) can be hundreds of dollars. For a homeowner facing foreclosure, these costs can be prohibitive — the Affidavit of Indigency ensures you are not denied access to the courts because of poverty.
Purpose of This Form
- 1Request waiver of state court filing fees for your Answer, motions, counterclaims, or appeal
- 2Disclose your financial situation to demonstrate inability to pay without substantial hardship
- 3Ensure access to justice regardless of financial circumstances
- 4Avoid having your case dismissed or your rights forfeited due to inability to pay court costs
Form Sections & How to Complete
Financial Declaration
Disclose all income (employment, benefits, assistance, gifts, other), all assets (cash, bank accounts, vehicles, real property, personal property of value), all monthly expenses (housing, utilities, food, medical, transportation, child care, debts), and number of dependents. Accuracy is essential — false statements constitute perjury.
Hardship Statement
Explain why paying the filing fees would cause substantial hardship — 'I cannot afford the filing fee and still pay for the necessities of life for myself and my dependents.' Be specific about your financial situation.
Notarization / Verification
Most states require the Affidavit of Indigency to be notarized. Some accept an unsworn declaration under penalty of perjury. Check your state's specific requirements.
Filing Requirements
Where to File
Clerk of Court in the county where the case is pending. File with or before the document that requires a fee.
Filing Fees
No fee to file the Affidavit of Indigency.
Copies Required
Original to court + keep a copy for your records.
Timing / Deadlines
File before or with the document requiring the fee. The court typically rules within 1-3 weeks. Filing deadlines for your underlying document are tolled (paused) while the fee waiver application is pending.
Other State Court Forms
Frequently Asked Questions
Will filing an Affidavit of Indigency make the judge biased against me?▼
No. Fee waiver applications are routine and judges review them administratively. Being indigent does not prejudice the merits of your case. Courts have a strong interest in ensuring access to justice regardless of financial circumstances. The judge reviewing your fee waiver is likely not the same judge hearing your case.
What if my fee waiver is denied?▼
If denied, you typically have a short period (10-20 days) to pay the fee. The court must state the reasons for denial. Common reasons: incomplete information, assets that could be liquidated, or income above eligibility guidelines despite claimed hardship. You can file a renewed application with more detailed information or request a hearing on the denial.
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