To fill out a fee waiver form, download your court’s application to proceed without prepaying fees, gather proof of your income, benefits, assets, and monthly expenses, then complete every section of the financial affidavit with figures that match your documentation and sign it under penalty of perjury. In federal district court the form is AO 239 (long) or AO 240 (short); state courts use their own version, usually called a Request to Waive Court Fees or Application to Proceed In Forma Pauperis. The application itself costs nothing to file, and you submit it at the same time as your complaint or response.
Pick the Right Form
In federal court, the U.S. Courts system publishes two versions of the application.1United States Courts. Fee Waiver Application Forms AO 239 is the detailed long form. AO 240 is a shorter version that some courts prefer for straightforward cases. AO 240A is the order the judge signs if your request is granted, so you don’t fill that one out yourself. If you’re unsure which to use, call the clerk’s office and ask.
State courts have their own equivalents, available from the clerk or the court’s website. The categories and level of detail vary, but the structure follows the same logic as the federal long form, so the preparation below applies either way.
Both forms are built around 28 U.S.C. § 1915, which lets any U.S. court accept a filing without prepayment when the applicant submits an affidavit showing they cannot afford the fees, listing all assets, describing the case, and stating a belief they are entitled to relief.2Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis Eligibility usually turns on whether your household income sits at or below 125 percent of the federal poverty guidelines, or whether you already receive SSI, TANF, or SNAP, in which case the enrollment itself is treated as proof of financial need.
Gather Your Documents First
Pull everything together before you start writing. The numbers on the form have to match the paper reality in your files, and a judge who sees inconsistencies between reported income and bank activity will ask questions or deny the request.
- Recent pay stubs covering the last 30 to 60 days, plus your most recent federal tax return.
- Documentation of any other income: Social Security award letters, unemployment statements, disability letters, child support records.
- Statements from every checking, savings, and investment account for the past one to three months.
- Rent or mortgage statements, utility bills, medical bills, and records of recurring debt payments like car loans or credit cards.
- If you receive SSI, TANF, or SNAP, an official award letter or recent verification statement from the program.
Not every court demands that you attach all of this with the initial filing. Some only want the completed form and will ask for backup later. Either way, having the documents in front of you while you fill out the form is what keeps the figures honest. The signature at the end is sworn under penalty of perjury, and misrepresenting your finances can lead to denial, sanctions, or prosecution for a false statement.
Work Through the Form Section by Section
The AO 239 long form walks through seven categories of financial information, and state forms generally cover the same ground.3United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Use your documents, not your memory. Enter gross dollar figures (before taxes and deductions) unless a line specifically asks for net.
Income
List average monthly gross income for you and your spouse from every source over the past 12 months: employment, self-employment, rental income, interest, dividends, gifts, alimony, child support, retirement, disability, unemployment, and public assistance. The form also asks for next month’s expected income.
Include small or irregular sources. Occasional freelance work and cash gifts belong on the list. Judges don’t deny waivers over a $50 birthday check, but they do notice when bank deposits don’t match the income you reported. If your earnings fluctuate, the 12-month average smooths out the ups and downs.
Employment History
List your employers and your spouse’s employers for the past two years, with addresses, dates of employment, and gross monthly pay for each.
Cash and Financial Accounts
Report cash on hand plus every bank, investment, or other financial account held by you or your spouse, with the balance of each. The balances should line up with the bank statements you gathered.
Assets
Enter the value of your home, other real estate, vehicles (make, year, model), and any other property worth listing. Ordinary clothing and household furnishings are excluded. Use current market value, not what you originally paid. A 15-year-old car with 200,000 miles may be worth $1,500 even if the sticker was $20,000. Be honest but realistic. The court is not expecting you to sell your only vehicle to cover a filing fee.
Debts Owed to You
List money that other people or businesses owe you or your spouse.
Dependents
List anyone who relies on you or your spouse for support, by relationship and age.
Monthly Expenses
Break down rent or mortgage, utilities, food, clothing, medical and dental costs, transportation, insurance, installment payments like car loans and credit cards, alimony or support paid to others, and any business operating costs. This is where the gap between what comes in and what goes out becomes visible. If expenses eat up or exceed your income, that gap is strong evidence of inability to pay. Don’t leave lines blank when you have the expense. A blank line reads as skipped, not as zero.
Sign and File It With Your Case
Sign the form where indicated. The signature is sworn under penalty of perjury, so review the figures one more time against your documents before signing.
File the completed application at the same time you file your complaint, petition, or response. You can submit it in person at the clerk’s office, by mail, or through the court’s electronic filing system if one is available. No fee applies to the waiver request itself.
A clerk or judge reviews the application to decide whether you meet the standard for financial hardship. When income is well below the threshold or benefit enrollment is clearly documented, the review is quick and happens without a hearing. The court then issues a written order granting, denying, or partially granting the waiver. If the financial picture is unclear or the numbers look inconsistent, the court may set a short hearing. It is not adversarial; the judge is trying to get a clearer view of your situation. Bring your documentation and be ready to explain any gap between your reported income and your bank activity.
If the Court Denies or Questions Your Request
A denial order explains the court’s reasons and sets a deadline, often 10 to 30 days, to pay the original filing fee. Miss that deadline and the case is dismissed.
If a federal district court denies your in forma pauperis motion, you can file a motion in the court of appeals within 30 days of receiving notice of the denial. The motion must include a copy of the financial affidavit you filed below and the district court’s stated reasons for denial.4Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis Many state courts offer a similar review, though timelines and procedures vary.
When the denial was based on incomplete information rather than a finding that you can afford the fees, refiling with better documentation is often faster than an appeal. The common fixable problems are blank sections and unexplained discrepancies between reported income and bank deposits.
Incarcerated Filers Follow a Different Track
If you are in prison, the general procedure above still applies, but federal law adds requirements. Under 28 U.S.C. § 1915(b), an incarcerated person who qualifies for a waiver still owes the full filing fee; the court collects it in installments drawn from the prisoner’s trust account rather than waiving it outright.2Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis You must also submit a certified copy of your trust fund account statement for the six months preceding the filing, obtained from prison officials, in addition to the standard financial affidavit. A separate three-strikes rule can bar in forma pauperis status for prisoners with a history of dismissed cases, so check § 1915(g) before filing.
Keep Sensitive Details Out of the Public File
A fee waiver application puts bank balances, income, and debts into a court file, and court records are generally public. Redact full account numbers on any bank statements or financial documents you attach, leaving only the last four digits unless the court instructs otherwise. If you’re worried about broader access, ask the clerk about filing financial documents under seal or as confidential. Many courts have mechanisms for redacting or restricting access to financial affidavits, but you usually have to request it; the court won’t do it on its own.