How to File Court Papers for Free With a Fee Waiver

If court filing fees are the thing standing between you and the courthouse, every court system in the United States lets you ask for a court fee waiver, formally known as proceeding “in forma pauperis.” When a judge grants it, your case moves forward without the upfront cost that would otherwise block it. Federal district courts charge a statutory filing fee of $350 for most civil cases, and state courts range widely depending on the case type.¹ A waiver removes that hurdle for people who can’t pay.

What the Waiver Covers

In federal court, a granted in forma pauperis application waives prepayment of fees and security costs for filing your case, whether you’re starting a lawsuit, defending one, or appealing.² It also means the U.S. Marshals Service will serve your legal papers on the other party without requiring you to pay upfront.³ In certain situations the government may also cover the cost of preparing court transcripts you need for your case.

State courts typically cover a similar range of costs: filing fees, motion fees, jury fees, and sometimes service of papers through the sheriff’s office. The specifics vary, so read your local court’s fee waiver order for what’s included. One thing a waiver never covers is your own attorney’s fees if you hire one. Those are separate from court costs.

Who Qualifies

Courts use a few different tests, and you only need to pass one.

Means-Tested Public Benefits

If you’re already enrolled in a government assistance program that checks income before granting benefits, most courts treat that as strong evidence you can’t afford filing fees. Qualifying programs typically include SNAP, TANF, SSI, and Medicaid. An award letter or benefit statement is usually all the financial documentation you need.

Household Income Below the Poverty Threshold

Courts compare your household income to the Federal Poverty Guidelines published each year by the Department of Health and Human Services.⁴ Different courts set different thresholds: some grant automatic waivers at 125% of the guidelines, others use 150% or 200%. Your court’s fee waiver form specifies which percentage applies.

Hardship Despite Higher Income

Even if your income exceeds the poverty threshold, you can still qualify by showing that paying court fees would force you to go without basic necessities. This is where most close calls happen. A judge looks at your actual budget: if rent, utilities, food, medical costs, and child support consume every dollar you earn, the fact that your gross income technically exceeds the guideline doesn’t disqualify you. This path requires more documentation and a more detailed application.

Filling Out the Application

In federal court, the form is Application to Proceed in District Court Without Prepaying Fees or Costs, Form AO 240, available on the U.S. Courts website or from the clerk at any federal courthouse.⁵ State courts have their own versions, often titled Application to Waive Court Fees or Petition to Proceed In Forma Pauperis, available from the court clerk or the court’s website.

Whatever court you’re in, expect to disclose your full financial picture. You’ll sign under penalty of perjury, and a false statement can get your case dismissed and potentially lead to criminal charges.² The form typically asks for:

Gross monthly income from every source, including wages, self-employment, unemployment, disability, pensions, and support from family.
Assets, including cash on hand, bank balances, vehicles, real estate, and investments. Don’t hide the $800 in savings; judges expect low-income applicants to have some money and get suspicious when a form shows zero everywhere.
Monthly expenses: rent or mortgage, food, utilities, transportation, insurance, medical costs, child care, and debt payments.
Supporting documents such as recent pay stubs, your most recent tax return, bank statements, and benefit award letters.

Filing It With Your Case Papers

File your fee waiver at the same time you file your initial court papers, whether that’s a complaint, an answer, or a notice of appeal. The two go in together. Don’t file the waiver by itself; it needs to accompany the legal papers that would normally require payment.

When you bring both to the clerk, the clerk accepts your case papers provisionally. Your lawsuit or response is on file and your deadlines are preserved, but the case won’t fully move forward until a judge rules on the waiver. You don’t lose your right to file just because the judge hasn’t reviewed your finances yet.

If a fee becomes an issue later, say you need to file a motion that carries its own fee, or your financial situation worsens after you initially paid, you can request a waiver at that point too. Same process; file it alongside whatever document triggered the fee.

What the Judge Does Next

A judge reviews your financial information on paper. In most cases there’s no hearing. The judge reads your application and documents and issues a written order. Three outcomes are possible:

Full waiver granted. Your case proceeds without you paying court fees. This is the most common outcome for applicants who clearly meet the criteria.
Partial waiver. The judge reduces the fee or waives the initial filing fee but not later costs. This happens when your finances are borderline.
Denied. The court issues an order giving you a deadline to pay the full fee. Miss that deadline and your case gets dismissed.

Approval isn’t a shield against dismissal. Federal courts can dismiss a case filed in forma pauperis at any time if the judge determines the lawsuit is frivolous, fails to state a valid legal claim, or if the allegation of poverty turns out to be untrue.²

If You’re Denied

A denial isn’t necessarily the end. Your first option is to pay the fee by the court’s deadline and proceed normally. If you genuinely cannot pay, you have ways to push back.

In federal court, if a district judge denies your application and you’re trying to appeal an existing case, you can file a new in forma pauperis motion directly with the court of appeals within 30 days. That motion must include a copy of the financial affidavit you filed in the district court and the judge’s written reasons for denial.⁶ The appellate court makes its own independent decision about your financial eligibility.

For trial-level denials, many courts allow a motion for reconsideration, especially if your circumstances have changed or you can submit documentation the judge didn’t initially have. Check your court’s local rules. Some state courts have a formal appeal process for fee waiver denials that goes to a supervising judge.

Carrying a Waiver Into an Appeal

If you had a fee waiver in the trial court and now want to appeal, you generally don’t start over. Under federal rules, a party permitted to proceed in forma pauperis at the district court level can proceed on appeal without filing a new application.⁶ The exception is when the district court certifies that your appeal isn’t taken in good faith, in which case you’d apply directly to the appeals court.

If you paid fees at the trial level but can no longer afford them for the appeal, file a new in forma pauperis motion in the district court, and if that’s denied, in the court of appeals.⁶ A waiver on appeal typically covers the appellate filing fee and lets you use the original record without paying reproduction costs, but it won’t cover expenses like copying, mailing, or costs awarded to the other side if you lose.⁷

Prisoners Are Treated Differently

If you’re filing a civil lawsuit while incarcerated, the rules aren’t the same. A prisoner granted in forma pauperis status must still pay the full filing fee, just not all at once. The court calculates an initial payment of 20 percent of either the average monthly deposits to the prisoner’s account or the average monthly balance over the prior six months, whichever is greater. After that, the prisoner pays 20 percent of each month’s income until the fee is paid in full.²

Federal law also imposes a “three-strikes” restriction. A prisoner who has had three or more prior lawsuits or appeals dismissed as frivolous, malicious, or for failing to state a valid claim loses the ability to file in forma pauperis altogether, unless the prisoner faces imminent danger of serious physical injury.²

When Waived Fees Can Come Back

A waiver isn’t always permanent. Courts in many states treat the initial waiver as conditional: if your financial situation improves during the case, the court can modify or end the waiver and require you to pay after all.

The more common scenario involves winning. In many jurisdictions, if you receive a settlement or judgment above a certain dollar amount, the court can require that previously waived fees be paid out of the proceeds before you collect anything. The court effectively holds a lien on your recovery. Read your fee waiver order carefully so this doesn’t surprise you when the case resolves, and ask the clerk if anything is unclear.

1
GovInfo. 28 USC 1914 – District Court Filing and Miscellaneous Fees
2
Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis
3
U.S. Marshals Service. Service of Process
4
U.S. Department of Health and Human Services. 2026 Poverty Guidelines
5
United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
6
Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding in Forma Pauperis
7
Third Circuit, United States Court of Appeals. Fees, In Forma Pauperis, Dismissal