To apply for a court fee waiver, fill out your court’s financial affidavit, attach documents that prove your income and expenses, and file the package with the clerk of the court where your case will be heard. In federal court the process is called proceeding in forma pauperis, and the standard $350 civil filing fee can be waived entirely for people who can’t afford it.1Legal Information Institute. In Forma Pauperis State courts run their own waiver systems with similar requirements. In either system, you’re showing the court your finances and explaining why paying would be a real hardship.
Who Qualifies
There are two ways in. The faster one is already receiving means-tested public benefits like Supplemental Security Income, Temporary Assistance for Needy Families, or food assistance. Courts treat enrollment in those programs as proof that your income is low enough to justify a waiver.
If you don’t receive benefits, you qualify based on household income and expenses. Federal courts and many state courts use 150 percent of the federal poverty guidelines as the benchmark. For 2026, the base poverty guideline for a single person in the contiguous 48 states is $15,960 per year, and $33,000 for a household of four.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines At 150 percent, a single person qualifies with monthly gross income under $1,995, and a family of four qualifies under $4,125 per month.3United States Courts. 150% of the HHS Poverty Guidelines for 2026 Alaska and Hawaii have higher thresholds. Some state courts use 125 percent of the guidelines instead of 150 percent, so check your local rule.
Earning above the cutoff doesn’t automatically disqualify you. Judges also look at the gap between what you earn and what you spend on necessities. If rent, medical bills, and child care consume nearly all your income, a judge can still grant a waiver even though your gross income tops the guideline. This is where documenting expenses carefully pays off.
The Forms You’ll File
In federal court, the right to proceed without prepaying fees comes from a statute that applies in every U.S. district court.4Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis You file an affidavit swearing you cannot afford the fees and disclosing all your assets. The federal judiciary provides two standardized forms: the longer AO 239 and the shorter AO 240, both available on the U.S. Courts website.5United States Courts. Fee Waiver Application Forms
The AO 240 short form asks whether you’re employed and your gross and take-home pay, any other income over the past 12 months (self-employment, pensions, disability payments, or gifts), the amount of cash in your bank accounts, any property or investments you own, your regular monthly expenses, your dependents, and your debts.6United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) You sign under penalty of perjury. A false statement can lead to dismissal of your case or perjury charges.
State courts use their own forms, often titled something like “Request to Waive Court Fees,” paired with a judicial order the judge fills out after reviewing the application. The clerk’s office or your state judicial branch website will have the right version. The core disclosure is the same: income from all sources, monthly expenses, assets including bank accounts and vehicles, and whether you receive public benefits.
What to Attach
The form alone rarely tells the whole story. Supporting documents strengthen the request and cut the chance a judge schedules a hearing just to clarify something you could have proven on paper.
- Recent pay stubs showing gross and net income, usually the last one or two months.
- Benefit verification letters from the Social Security Administration, your state benefits agency, or other programs confirming enrollment and payment amounts.
- Your most recent federal tax return, especially if you’re self-employed and need to show net income after expenses.
- Bank statements from the last 30 to 60 days showing balances and spending patterns.
- Proof of major expenses: lease agreements, mortgage statements, medical bills, child care invoices.
Self-employed applicants should prepare a simple profit-and-loss statement. Judges reviewing waiver requests see a lot of round numbers and vague estimates, and concrete documentation moves your application through faster.
When and Where to File
Submit the completed forms and documentation to the clerk of the court where your case is or will be filed. Most courthouses accept filings at the clerk’s window during business hours, and many now take electronic filings through online portals. Some have after-hours drop boxes processed the next business day. If you can’t reach the courthouse, certified mail creates a dated record.
File the waiver request at the same time you file your initial complaint or petition, because the waiver covers the filing fee for that initial document. There is typically no charge for the waiver application itself. The clerk stamps a filing date and routes the application to a judge.
If the Judge Sets a Hearing
Most applications are decided on the paperwork alone. A judge schedules a hearing only if your financial picture is unclear, seems inconsistent, or lands in a gray area near the eligibility threshold. The hearing is not about the merits of your lawsuit. It’s a short proceeding focused on your finances.
Expect pointed questions: how much was deposited in your bank account last month, whether you own a vehicle and what it’s worth, who else lives in your household. Bring originals of every financial document you submitted and anything new that supports your case. Most of these hearings wrap up in under 15 minutes. Not showing up almost always means an automatic denial.
Possible Outcomes and What the Waiver Covers
A judge can grant a full waiver, grant a partial waiver, or deny the request. A full waiver removes the obligation to pay filing fees and related administrative costs for the duration of the case. A partial waiver might reduce the fees or put you on a monthly payment plan. A denial means you owe the full filing fee, which in federal district court is $350 for a standard civil case.7Office of the Law Revision Counsel. 28 USC 1914 – Fees of District Court State filing fees vary by jurisdiction and case type.
In federal court, the statute also directs court officers to serve legal papers on your behalf, so you don’t have to pay the U.S. Marshals Service upfront for service of process.4Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis The court may also cover the cost of printing the appellate record or preparing a trial transcript when those are necessary.
The waiver does not make litigation free. You’ll still face expert witness fees, copying and document preparation charges, travel expenses, and postage. Court reporters charge per-page fees for transcripts that add up in a contested case. Budget for these.
One more caveat: a court can dismiss your case at any point if it decides your claim of poverty was untrue, or if the lawsuit itself is frivolous, malicious, or fails to state a valid legal claim.4Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis A waiver opens the courthouse door; it doesn’t shield a weak case from early dismissal.
If You’re Denied
A denial is not the end. In federal court, the judge must put the reasons in writing. You can file a motion asking the court to reconsider based on additional evidence or a corrected application. If the denial stands, you generally have a short window to pay the filing fee before dismissal.
Federal appellate rules offer another path. If a district court denies your request to proceed without prepaying fees, you can file a motion directly with the court of appeals within 30 days. That motion must include a copy of your financial affidavit and the district court’s written reasons for the denial.8Office of the Law Revision Counsel. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis The appellate court makes its own independent decision. State courts have their own procedures for contesting a denial, so check local rules.
A Note for Incarcerated Filers
Prisoners filing federal lawsuits face a different structure. An incarcerated person must ultimately pay the full filing fee regardless of financial hardship; the fee just gets broken into installments. The court calculates an initial partial payment equal to 20 percent of the greater of two figures: the average monthly deposits into the prisoner’s institutional account, or the average monthly balance, both measured over the six months before filing.4Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
After the initial payment, the prisoner pays 20 percent of each month’s income until the full fee is satisfied, with the prison forwarding payments automatically whenever the account balance exceeds $10. A prisoner with no money at all cannot be blocked from filing, but the obligation accumulates. Prisoners must submit a certified six-month account statement with the application.
If You Win Your Case
A granted waiver doesn’t necessarily mean you’ll never pay those fees. Many courts retain authority to recover waived costs if you win a judgment or settlement. Some states formalize this with a lien on recoveries above a certain dollar amount, so the waived fees come out of settlement proceeds automatically. Others leave it to the judge’s discretion. It doesn’t change whether to apply, but it’s worth knowing so a settlement check doesn’t surprise you.