Filing Fees and Costs
If you are involved in a lawsuit and need to file a complaint or response, serve pleadings, or issue a summons or subpoena, you must pay filing fees and costs. You can pay the fees at the court filing counter or online if you are e-filing. Some base fees, like the cost to file a court case, are set by state law. Counties can add local fees and the Supreme Court can approve increases to those fees. Check with your court for the costs related to your case.
If you cannot afford the filing fees and costs, you have options. You can apply for a fee waiver or deferral if you qualify.
What is a fee waiver?
A court fee waiver lets people who cannot afford court fees not pay them. If the court approves a fee waiver, you do not have to pay the filing or related fees. You are done with the process.
What is a fee deferral?
A court fee deferral lets people who cannot afford court fees not pay them all right away with a payment plan or postponed payment. If the court approves a fee deferral, they might set up a payment plan or delay your payments.
How do I apply for a fee waiver or deferral?
You need to fill out a fee waiver and deferral application form and provide documents that show you cannot afford the fees, like proof of income or government assistance. The clerk or hearing officer will review your application and decide if you qualify for the deferral or waiver. This might happen when you file or later. If your request is to defer or waive fees for service of process or service by publication, you will need to fill out other forms too.
What proof do I provide the court about my government assistance?
You qualify for a waiver if you receive Supplemental Security Income (SSI), cash assistance through the Temporary Assistance for Needy Families (TANF), or food benefits from Supplemental Nutrition Assistance Program (SNAP). Provide the court a copy of your award letter. You qualify for a deferral if you get legal help from a legal aid program. Check with the legal aid program about a verification letter to provide the court. (NOTE: Supplemental Security Income is NOT the same as retirement benefits through the Social Security Administration or Social Security Disability Insurance (SSDI).)
What is the income criteria?
To be eligible for a fee waiver or deferral, you must show the court that your income is not enough or barely enough to meet the daily essentials of life. For fee waiver requests, your gross income (the total amount you earn before taxes) must be less than 150% of the Federal Poverty Guidelines. The court may approve a fee deferral or payment plan if:- your gross income must be between 150% and 175% of the Federal Poverty Guidelines OR
- your gross income is between 175% and 225% of the Federal Poverty Guidelines OR
- there is a good reason you cannot afford it, even if your gross income is more than 225% of the Federal Poverty Guidelines.
Poverty Guidelines
The Federal Poverty Guidelines help the court decide if you are eligible for a fee waiver or deferral. If your income equals or falls below 150% of the poverty level, you are eligible. For those with incomes higher than 150% of the poverty level, you will have to meet other requirements to qualify.