If you can’t afford to pay court costs, you can ask the court to waive them by filing a court fee waiver application, known in federal court as a request to proceed “in forma pauperis.” The application is a sworn financial statement submitted with your initial case documents, and if a judge approves it, your filing fees (and often other court costs) are waived so your case can move forward.
Who Qualifies
Courts generally recognize three paths to eligibility. You only need to meet one.
You Receive Means-Tested Public Benefits
If you currently get benefits from programs like SNAP, TANF, Supplemental Security Income, or Medicaid, many courts treat that as strong evidence you cannot afford court fees. Qualifying for those programs already required proving your income and assets fall below a threshold, so the court doesn’t repeat the analysis.
Your Income Is Below the Poverty Threshold
Many courts use 150% of the Federal Poverty Guidelines as the benchmark, and the federal court system publishes a reference chart at that level.1United States Courts. 150 Percent of the HHS Poverty Guidelines for 2026 For 2026, 100% of the federal poverty level is $15,960 per year for a single person and $33,000 for a family of four in the 48 contiguous states.2HHS ASPE. 2026 Poverty Guidelines At 150%, those figures come out to roughly $23,940 and $49,500 respectively. The exact cutoff varies by court, so check the instructions on the specific form you’re using.
Paying Would Cause Hardship
If your income is above the guideline and you don’t receive public benefits, you can still qualify by showing that paying the fees would force you to go without basic necessities like housing, food, or medical care. Courts weigh your full financial picture here, including debts, medical expenses, and the people who depend on your income.
How to Apply
The application is a standardized form. In federal court, it’s called an “Application to Proceed in District Court Without Prepaying Fees or Costs,” and it comes in a short and a long version.3United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) State courts use their own forms, usually titled something like “Affidavit of Indigency” or “Request to Waive Court Fees.” You can get the form from the court clerk’s office or download it from the court’s website.
The form asks for a thorough accounting of your finances. You’ll list every source of monthly income (wages, unemployment, disability payments, anything else coming in) and report your assets: cash on hand, bank balances, and the value of any property beyond ordinary clothing and household items.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) On the expense side, be ready to detail monthly costs for housing, utilities, food, transportation, medical care, and other regular obligations, along with the number of dependents you support.
Attach documentation that backs up what you report. Recent pay stubs, benefit award letters, bank statements, and bills all strengthen the application. Blank fields and vague answers are one of the easiest ways to get denied.
You sign the application under penalty of perjury. Providing false information can get your case dismissed and expose you to legal consequences, so take the accuracy of what you write seriously.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
When to File It
Submit the fee waiver application at the same time you file your initial case documents, such as a complaint or petition. If you’re responding to a lawsuit filed against you, submit the waiver with your answer. The clerk will accept your legal filings together with the waiver request without collecting a filing fee at that point and will forward the application to a judge. Your case is effectively on hold while the judge reviews your financial situation, which prevents dismissal for nonpayment while the request is pending.
What a Waiver Actually Covers
An approved waiver lets your case move forward without you paying certain court costs. In federal court, in forma pauperis status waives the filing and docketing fees.5United States Court of Appeals for the Third Circuit. Fees, In Forma Pauperis, Dismissal State courts often extend the waiver to service of process fees as well.
A waiver does not cover every expense a case generates. Copying, mailing, service fees (in federal court), court reporter transcripts, and expert witness fees generally remain your responsibility.5United States Court of Appeals for the Third Circuit. Fees, In Forma Pauperis, Dismissal If you lose, you may also be ordered to pay costs awarded to the other side.
If Your Application Is Denied
A denial comes with an explanation and a deadline to pay the full filing fees. Miss the deadline, and your case faces dismissal.
If the denial was based on incomplete information, you can usually submit a new application with better documentation. Many courts also allow you to request a hearing where you can explain your financial situation directly to a judge, which is often more effective than paperwork alone because you can answer questions and clarify things that don’t fit cleanly into form fields.
Some courts offer a middle ground. A judge who decides you don’t qualify for a full waiver but accepts that you can’t pay all at once may order a partial waiver or let you pay in installments. Ask for this explicitly if a full waiver seems unlikely.
If you want to appeal a denial, federal appellate rules give you 30 days after receiving notice to file a motion to proceed in forma pauperis directly with the court of appeals, which evaluates the request independently from the trial court’s decision.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis
Your Waiver Can Be Revisited
Approval doesn’t lock the waiver in permanently. Courts can revisit your financial situation as the case progresses.6Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis If your circumstances improve significantly during the litigation, the court can require you to start paying. A court can also dismiss your case at any time if it determines that your claim of poverty was untrue, or if the case itself is frivolous or fails to state a valid legal claim.7Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
Different Rules Apply to Prisoners
Federal law treats incarcerated applicants differently. A prisoner who receives in forma pauperis status is still required to pay the full filing fee, just not all at once. The court collects an initial payment equal to 20% of either the average monthly deposits or the average monthly balance in the prisoner’s account over the preceding six months, whichever is greater. After that, 20% of each month’s income gets forwarded to the court until the fee is paid in full. A prisoner with no funds at all cannot be blocked from filing; the statute explicitly prohibits denying access to the courts solely because the prisoner has no assets.7Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
One major restriction applies. A prisoner who has had three or more prior cases dismissed as frivolous, malicious, or for failing to state a claim cannot proceed in forma pauperis again, unless the prisoner faces imminent danger of serious physical injury.7Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis This “three strikes” rule applies regardless of how much time has passed since the earlier dismissals.
A Waiver Does Not Get You a Lawyer
Having your fees waived does not mean the court will assign you an attorney. There is no constitutional right to a free lawyer in civil cases the way there is in criminal cases. In federal court, a judge has discretion to request that a volunteer attorney represent an in forma pauperis litigant, but that is a favor the court asks of an attorney, not something you can demand.7Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis Judges consider factors like whether your claim has merit, whether the legal issues are complex enough that you can’t handle them alone, and whether the case will require expert testimony.