Application to Proceed in District Court Without Prepaying Fees or Costs (IFP)
AO 240 — request a fee waiver for federal court filing fees when you cannot afford to pay.
Form AO 240, the 'Application to Proceed in District Court Without Prepaying Fees or Costs,' also known as an In Forma Pauperis (IFP) application, allows litigants who cannot afford court filing fees to request a waiver. Federal court filing fees are substantial: $405 for a civil action (complaint) and $505 for an appeal. For a homeowner facing foreclosure who cannot afford these fees, the IFP application is essential to accessing the court. The application requires detailed disclosure of income, assets, expenses, and dependents — the court reviews this to determine whether paying the fee would cause serious financial hardship. If granted, the filing fee is waived and the court may also waive other costs (service of process, transcript fees).
Purpose of This Form
- 1Request waiver of the $405 federal district court filing fee for civil actions
- 2Request waiver of the $505 appellate filing fee
- 3Disclose financial information to demonstrate inability to pay
- 4Ensure access to the courts regardless of financial circumstances
Form Sections & How to Complete
Financial Declaration
Complete the detailed financial declaration: employment status, income (last 12 months), spouse's income, assets (cash, bank accounts, real estate, vehicles, other property), monthly expenses (rent/mortgage, utilities, food, medical, transportation, other), and dependents. Provide accurate figures — false statements are perjury.
Statement of Issues
Briefly state the issues you intend to present in the case. For foreclosure: 'I am defending against a foreclosure action and asserting defenses including [lack of standing / RESPA violations / etc.].' The court uses this to screen for frivolous cases.
Motion and Affidavit
The first page is the Motion to Proceed IFP — sign and date. The remaining pages are the supporting affidavit of financial status — must be sworn under penalty of perjury (28 USC § 1746).
Filing Requirements
Where to File
Clerk of Court, U.S. District Court. File with or before your complaint or responsive pleading. The IFP application is filed BEFORE the document that requires the fee — the court reviews the IFP application before accepting the pleading for filing.
Filing Fees
No fee to file the IFP application. If granted, all filing fees are waived.
Copies Required
Original IFP application filed with the court + keep a copy for your records.
Timing / Deadlines
File with your complaint (if you are the plaintiff) or with your first filing. The court typically rules within 2-4 weeks. Your pleading deadline is tolled (paused) while the IFP application is pending.
Frequently Asked Questions
How poor do I need to be to qualify for IFP?▼
There is no strict income cutoff. The standard is whether paying the fee would cause 'serious financial hardship' — meaning you could not pay the fee and still afford the necessities of life. Courts consider your income, assets, expenses, and dependents. Homeowners facing foreclosure often qualify because the financial distress that leads to foreclosure usually means inability to pay court fees. The standard is lenient — courts want to ensure access to justice.
If IFP is granted for the district court, does it automatically apply on appeal?▼
No. You must file a NEW IFP application (or motion to proceed IFP on appeal) with the Court of Appeals. The district court's IFP grant does not carry over. However, if the district court granted IFP and certifies that the appeal is not frivolous and taken in good faith, the appellate IFP application is typically granted.
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