A court fee waiver lets you file a lawsuit, respond to one, or pursue an appeal without paying the filing fees that normally come with those actions. Known formally as proceeding in forma pauperis, the waiver is granted when you show the court that your income, your receipt of public benefits, or your overall financial situation makes paying the fee a genuine hardship. In federal court the standard civil filing fee plus administrative surcharge totals $405, and state courts charge comparable amounts.1United States Courts. U.S. Court of Federal Claims Fee Schedule If a judge grants your application, you move forward with your case without paying that money upfront.
Who Qualifies
Courts generally look at three things, and meeting any one of them can be enough.
Your Income
Most courts compare your household income to the Federal Poverty Guidelines published each year by the Department of Health and Human Services. The common cutoffs are 125 percent or 150 percent of those guidelines, depending on the jurisdiction.2U.S. Department of Health & Human Services. 2026 Poverty Guidelines Federal courts do not fix a specific percentage in the statute; the judge weighs your overall finances instead.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
Means-Tested Benefits
If you already receive Supplemental Security Income, SNAP, TANF, or a similar means-tested program, most courts treat that as strong evidence you cannot afford the fee. A government agency has already measured your income, so the court does not need to repeat the analysis. Some jurisdictions approve the waiver automatically on proof of benefits; others still require a brief financial disclosure but apply a presumption in your favor.
Hardship Above the Threshold
You can still qualify even if your income sits above the poverty cutoff and you receive no public benefits. The question is whether paying the fee would leave you unable to cover basics like housing, food, or medication. Judges look at the whole picture, including debts, medical expenses, and dependents, and they have broad discretion. Someone earning above the income line but carrying heavy medical debt or supporting several family members on one paycheck can receive a full or partial waiver.
What a Waiver Covers, and What It Doesn’t
The waiver eliminates the upfront filing fee. In federal district court that is $405 for a standard civil case, and the administrative portion is specifically waived for in forma pauperis litigants.4Office of the Law Revision Counsel. 28 USC 1914 – District Court Filing Fees
Service of process is also covered in federal court. Under 28 U.S.C. § 1915(d), court officers must issue and serve all process in these cases, so you do not pay a private process server or the U.S. Marshals Service out of pocket.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis Many state courts similarly waive service costs.
A waiver does not make litigation free. Attorney fees are never covered. Neither are fines or penalties the court may impose as part of a judgment. Expert witness fees, private mediation costs, and deposition expenses stay your responsibility unless the court issues a separate order. Transcript costs, which can run several dollars per page, may or may not be included depending on the court. If you need a transcript for an appeal, ask the clerk specifically whether your waiver covers it, because this is one area where courts handle things differently.
How to Apply
In federal court, you file Form AO 240, “Application to Proceed in District Court Without Prepaying Fees or Costs.”5United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (AO 240) The form asks for gross monthly income from every source, a list of monthly expenses, and an accounting of your assets, including bank balances, real estate, and vehicle equity. State courts use their own forms that collect similar information.
You sign under penalty of perjury. A finding that your claim of poverty is untrue can result in dismissal of your case, so accuracy on this form matters more than almost anything else you file.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
The form alone is rarely enough. Attach recent pay stubs covering at least the last month, bank statements showing balances and spending, and any award letters from Social Security or your state’s benefit program. If you are claiming hardship from medical debt, attach the bills. If you have no income and rely on others for support, be ready to explain that in writing.
Submit the application at the same time you file your initial complaint, petition, or notice of appeal. Filing them together signals that you are not refusing to pay but asking permission to proceed without payment. Most courts accept applications at the clerk’s window, by mail, or through electronic filing. Many courthouses have self-help centers where staff can check that every required field is filled in before you submit.
After You File
A judge reviews the application, usually without a hearing. If anything is unclear or missing, the judge may request more documentation before deciding. Most courts rule within a few days to two weeks.
If the waiver is approved, the judge signs an order and your case moves forward. A partial waiver will say how much you still owe and when to pay it.
If the waiver is denied, the order will set a deadline for paying the full fee. Miss that deadline and the court will dismiss the case. You can file a motion asking the court to reconsider, which is especially worth doing if additional financial documents were missing the first time. In federal court, denial is also appealable, though fixing the application is the faster path for most people.
If You Are Incarcerated
Prisoners who file lawsuits or appeals operate under a separate set of rules in the Prison Litigation Reform Act, codified at 28 U.S.C. § 1915(b). Even with the waiver approved, an incarcerated person is not excused from the filing fee. The fee is instead collected in installments from the prisoner’s trust fund account.
The initial payment is 20 percent of the greater of the average monthly deposits or the average monthly balance, both calculated over the six months before filing.3Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis After that, the facility deducts 20 percent of the preceding month’s income each time the balance exceeds $10 and forwards it to the court until the fee is paid in full. A prisoner with no money cannot be blocked from filing, but the obligation remains and deductions begin when funds arrive.
Applying requires a certified copy of the trust fund account statement for the six months before filing, obtained from the facility’s records office. Requesting it takes time, so start early.
Federal law also restricts repeat filers. Under 28 U.S.C. § 1915(g), a prisoner who has had three or more prior cases dismissed as frivolous, malicious, or for failure to state a claim loses access to in forma pauperis status and must pay the full fee upfront. The only exception is imminent danger of serious physical injury. This three-strikes rule does not apply to non-incarcerated litigants.
When a Waiver Can Be Taken Away
The waiver is not permanent. Under 28 U.S.C. § 1915(e), a federal court must dismiss a case at any point if it finds the claim of poverty was untrue. The same provision requires dismissal if the lawsuit is frivolous, malicious, fails to state a valid claim, or seeks money from a defendant who is immune. These screening powers exist because removing the financial barrier to filing requires a way to prevent abuse of that access.
Many state courts can also revisit a waiver if your finances improve during the case or if you receive money as a result of the litigation itself. The court may then require you to pay some or all of the previously waived fees. Courts taking this step are generally required to notify you and give you a chance to be heard first. If your income changes significantly while the case is pending, check your jurisdiction’s rules on whether you must report that change to the court.