A court fee waiver lets you file a lawsuit, respond to one, or pursue an appeal without paying the standard filing charges, provided you can show the court that paying would create genuine financial hardship. In the federal system, this relief is governed by 28 U.S.C. § 1915, which allows any court to let a litigant proceed without prepaying fees after submitting a sworn statement of financial hardship.1Office of the Law Revision Counsel. 28 USC 1915 Proceedings in Forma Pauperis State courts run their own programs with similar goals but different forms and thresholds.
Waiver or Deferral: Know Which You’re Asking For
A waiver eliminates the fee. If the court grants a full waiver, you owe nothing for the covered costs regardless of how the case turns out, subject to one important exception involving settlements and judgments discussed below. A deferral only postpones payment. The court sets a new deadline, often tied to the end of the case or a specific number of months out, and you remain responsible for the full amount when that date arrives. Some courts also grant partial waivers, reducing the fees without eliminating them.
Which one you get depends on your finances and the court’s assessment. Someone receiving public assistance will almost always get a full waiver. Someone whose income barely exceeds the eligibility threshold might get a deferral or partial waiver instead. The distinction matters because a deferral still creates a financial obligation that can catch you off guard when litigation ends.
What a Fee Waiver Actually Covers
The biggest cost for most litigants is the initial filing fee. In federal district court, filing a civil complaint currently costs $405, and appellate filing fees run $605. State court filing fees range from under $50 for small claims matters to over $400 for general civil complaints, depending on the court and the amount in dispute.
Beyond the filing fee, courts commonly extend relief to service of process charges (the cost of having a sheriff or process server deliver legal papers, typically $25 to $75), clerk certification fees for official copies of court documents, and fees for issuing subpoenas. In federal court, a successful in forma pauperis application waives all of these prepayment requirements.
What It Doesn’t Cover
Fee waivers cover court-imposed administrative charges. They generally do not cover the broader expenses of building your case. Expert witness fees are the most common surprise: if your case requires testimony from a medical professional, an appraiser, or a forensic accountant, those costs fall on you even with a full waiver. The same goes for private investigator fees, deposition transcripts ordered for your own use, and travel expenses. In forma pauperis status in federal court does not extend to service costs, copying, or mailing beyond the initial filing fee waiver. Some courts may authorize the government to cover the cost of printing an appellate record or preparing a transcript when required, but only with specific judicial authorization and approval from the Administrative Office of the U.S. Courts.1Office of the Law Revision Counsel. 28 USC 1915 Proceedings in Forma Pauperis A fee waiver clears the courthouse door. It does not fund litigation itself.
Who Qualifies
Courts look at three things: whether you receive means-tested public benefits, how your income compares to the federal poverty level, and whether paying the fees would create hardship even if your income technically exceeds the cutoffs.
Public Benefits
If you currently receive Supplemental Security Income (SSI), Temporary Assistance for Needy Families (TANF), or the Supplemental Nutrition Assistance Program (SNAP), most courts treat that as strong evidence of eligibility. These programs already require proof of limited income and resources, so the court usually does not need much additional financial documentation. Some jurisdictions grant waivers almost automatically to recipients of these benefits.
Income Thresholds
Courts that use income cutoffs typically set them at 125% or 150% of the Federal Poverty Guidelines. For a single-person household in the 48 contiguous states, the 2026 guidelines put those thresholds at $19,950 (125%) and $23,940 (150%) per year.2U.S. Department of Health and Human Services. 2026 Poverty Guidelines The thresholds rise with household size. Which percentage applies depends on the jurisdiction; the federal system leaves it to judicial discretion rather than imposing a fixed line.
Hardship Above the Cutoff
Even if your income sits above the threshold, a judge can grant relief after looking at the full picture. The question is whether paying court fees would force you to choose between litigation and basic needs like housing, food, or medical care. Heavy debt, recent job loss, or high medical expenses can push someone who looks ineligible on paper into genuine hardship. Thorough documentation makes the biggest difference here.
How to Apply
In federal court, the standard form is AO 239 (the long form) or AO 240 (the short form), both titled “Application to Proceed in District Court Without Prepaying Fees or Costs.”3United States Courts. Fee Waiver Application Forms State courts use their own forms. You can usually find the right one at the clerk’s office or on the court’s website.
Whatever the form, it asks for the same categories of information:
- Gross monthly income from all sources: wages, self-employment, government benefits, rental income, child support, alimony, retirement, disability, and any other cash coming in. The federal form asks for your average over the past 12 months and your expected income for the next month.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs
- Monthly expenses: rent or mortgage, utilities, food, clothing, medical and dental costs, transportation, insurance, installment payments on vehicles and credit cards, and any alimony or support you pay.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs
- Assets: cash on hand, bank balances for you and your spouse, home equity, vehicle values with make, model, and year, and any other property of significant value.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs
Everything on the application is submitted under penalty of perjury. Fill out every field. Judges routinely deny incomplete applications, and a blank line looks worse than a line showing zero. If a category does not apply, write “none” or “$0” rather than leaving it empty.
After You File
File the completed application with the court clerk, either in person or through the electronic filing system. In federal court, you submit it along with your complaint or other initiating document. The federal statute requires an affidavit stating that you cannot prepay fees, listing all your assets, describing the nature of your case, and affirming your belief that you are entitled to relief.1Office of the Law Revision Counsel. 28 USC 1915 Proceedings in Forma Pauperis
Some clerks can approve straightforward applications on the spot, especially when the applicant clearly qualifies through public benefits. More complex situations get forwarded to a judge, and a decision typically takes anywhere from a few days to two weeks. The judge may schedule a brief hearing to ask about specific items on your financial disclosure. After review, the court issues a written order and enters it into the case docket.
If You’re Denied
A denial is not necessarily the end of the case. Courts generally give you a short window, often around ten days, to either pay the required fees or take corrective action. What you do next depends on why the application was denied.
- If the application was incomplete, refile with the missing information within the deadline. This is the easiest problem to fix and the most preventable.
- If the court found the information insufficient, you may get a hearing where you can present additional documentation. Bring pay stubs, bank statements, benefit letters, and anything else that supports your financial picture.
- If you were found ineligible on the merits, you can typically request a hearing to make your case directly. The judge might grant a full waiver, a partial waiver, or additional time to pay. A second denial after a hearing is usually final at that level of court.
Missing the deadline after a denial can be serious. The court may cancel your filing, effectively killing your case before it starts. If you are running close to a statute of limitations, a denied fee waiver with a missed payment deadline could permanently bar your claim.
When Waived Fees Come Back
A fee waiver does not always mean the fees vanish forever. Many states allow courts to recoup previously waived fees if you later receive money through a settlement, judgment, or arbitration award. The court essentially holds a lien against your recovery. If the case resolves in your favor and you receive a payment above a certain threshold, the waived fees get deducted before you see the money. The specific threshold and mechanics vary by jurisdiction, but the principle is common: the waiver helps you get into court when you cannot pay, not subsidize litigation when you ultimately can.
If you are pursuing a case with potential monetary recovery, the waiver often functions more like a deferral in practice. Any attorney working with you should account for this when calculating the net value of a settlement offer.
If You’re Incarcerated
Federal law treats prisoners differently. Under 28 U.S.C. § 1915(b), an incarcerated person who files a civil lawsuit or appeal in forma pauperis is still required to pay the full filing fee, just on an installment plan. The court assesses an initial partial payment equal to 20% of either the average monthly deposits or the average monthly balance in the prisoner’s trust fund account over the preceding six months, whichever is greater.1Office of the Law Revision Counsel. 28 USC 1915 Proceedings in Forma Pauperis After that initial payment, 20% of each month’s income gets forwarded to the court until the fee is paid in full.
A prisoner with no assets and no means to pay cannot be blocked from filing, but the obligation to eventually pay the full fee remains. The statute also includes a “three strikes” rule: a prisoner who has had three or more prior cases dismissed as frivolous, malicious, or failing to state a valid claim loses the ability to file in forma pauperis entirely, unless facing imminent danger of serious physical injury.1Office of the Law Revision Counsel. 28 USC 1915 Proceedings in Forma Pauperis
Consequences of a False Application
Because fee waiver applications are signed under penalty of perjury, misstating your income, assets, or expenses carries real risk. If the court finds that your claim of poverty was untrue, the statute requires dismissal of your case.5Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis That dismissal can happen at any point during the litigation, not just at initial review. You could invest months in a case only to have it thrown out because the court took a second look at your finances and found inconsistencies.
A deliberately false sworn statement also exposes you to criminal perjury charges under federal law. Courts do not pursue this in every case, but the possibility exists. The more common consequence is losing credibility with the judge handling your case, which affects everything from future motions to the weight given to your testimony. Accuracy on these forms is not a technicality.