The most reliable way to get out of paying court costs is to ask the court to waive them. Federal courts call this proceeding “in forma pauperis,” and every state has a version of it. If your income is low or you receive means-tested public benefits, the court can let you file, defend, or appeal without paying. If you don’t qualify for a full waiver, payment plans, cost objections, service shortcuts, and settlement terms can still cut what you owe. And in criminal cases, a court cannot jail you simply because you can’t afford to pay.
What Court Costs Include
Court costs are the administrative charges the court itself imposes, separate from anything you pay a lawyer. The filing fee is usually the largest. A standard civil filing in federal district court runs $405. State filing fees vary, often falling somewhere between $100 and $400.
On top of the filing fee, you may be charged for serving papers on the other side, paying witnesses, ordering transcripts, copying documents, and jury fees if the case goes to trial. Individually the smaller charges look manageable. In a contested case they pile up quickly.
Who Qualifies for a Fee Waiver
Federal law allows any federal court to let a person start, defend, or appeal a case without prepaying fees or posting security, as long as the person submits a sworn statement showing they can’t afford to pay.1Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis Most state courts have a parallel process with their own forms and thresholds.
There’s no single income cutoff. Some federal courts use 150% of the federal poverty guidelines as a bright-line threshold.2United States Bankruptcy Court for the District of New Hampshire. Fee Waiver Information and Poverty Guidelines State courts commonly set the bar somewhere between 125% and 200% of poverty. For 2026, the federal poverty guideline for a single person in the 48 contiguous states is $15,960, rising by $5,680 for each additional household member.3U.S. Department of Health and Human Services ASPE. 2026 Poverty Guidelines – 48 Contiguous States At 150% of poverty a single person qualifies with income below $23,940; at 200%, below $31,920. Alaska and Hawaii have higher guidelines.
You can also qualify by showing you receive means-tested benefits like Medicaid, SNAP, or Supplemental Security Income. Some courts grant waivers above the income thresholds when paying would cause substantial hardship, for example due to heavy medical bills or supporting a large family on a modest income.
How to Apply
Federal courts use one of two official forms, available from the clerk or the U.S. Courts website. State courts have their own versions, usually downloadable or available at the clerk’s window. Whatever the form, expect to disclose every source of income and the amounts, your assets including bank balances and property, your monthly expenses (rent, utilities, food, medical costs), and how many people depend on you financially. Bring recent pay stubs, bank statements, and benefit award letters before you fill out the form. Incomplete applications are the most common reason for delay.
You’ll sign under penalty of perjury. The federal short form states plainly that “a false statement may result in a dismissal of my claims.”4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
What Happens After You File
A judge or court official reviews your finances. Many courts decide within 10 to 30 days; busy jurisdictions take longer. Three outcomes are possible: full approval, partial approval, or denial. If the court has questions, it may ask for more documentation or set a short hearing. That usually just means the judge wants to clarify something, like an unexplained bank deposit or a gap in reported income.
A denial isn’t the end. Most courts allow you to request a hearing and present additional evidence of hardship. Deadlines are tight. Some courts give you as few as 10 days from the denial to file the request, so don’t wait.
Court Costs After a Criminal Conviction
Many people looking for a way out of court costs are dealing with obligations imposed at criminal sentencing, not civil filing fees. States often add prosecution costs, public defender fees, and administrative surcharges to a sentence, sometimes totaling thousands of dollars.
The U.S. Supreme Court set an important protection in Bearden v. Georgia (1983): a court cannot revoke your probation or jail you simply because you can’t afford to pay. If you’ve made genuine efforts to pay and still can’t, the court must consider alternatives like community service, longer timelines, or reducing the amount owed. Only if no alternative adequately serves the state’s interests can incarceration be imposed. The rule flows from the Fourteenth Amendment’s fundamental-fairness guarantee.
If you’re struggling with criminal court costs, ask for a hearing and bring documentation: pay stubs, benefit statements, medical bills, and a simple budget showing income against essential expenses. Many states let judges convert financial obligations into community service hours or defer payment until circumstances improve. Raise the issue with the court. Just not paying can trigger collection actions or warrants.
Payment Plans, Refunds, and Settlement Terms
If you don’t qualify for a waiver but can’t pay everything at once, most courts offer payment plans. You’ll submit a short request explaining your finances, and the court sets a monthly amount based on your ability to pay. Some courts charge a small administrative fee to set the plan up. Missing payments without contacting the court can result in dismissal or added penalties.
Settlement is another moment to address costs directly. When parties resolve a case before judgment, they can negotiate who pays the costs. Common arrangements include each side bearing its own, one side covering everything, or splitting at an agreed ratio. Build cost allocation into the negotiation from the start rather than treating it as an afterthought, and put whatever you agree to into the written settlement.
If your case is dismissed early, some fees may be refundable depending on the court’s policies and how far the case progressed. Ask the clerk. Courts don’t volunteer this information.
Cutting Service Costs If You’re the Plaintiff
If you’re the one filing suit, one of the easiest savings is asking the defendant to waive formal service of process. Under the federal rules, you can mail the complaint and a waiver form to the defendant instead of hiring a process server or paying the marshal.5Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 4 – Summons Professional service can run from $50 to several hundred dollars per defendant.
The defendant has at least 30 days to return the signed waiver (60 days if outside the United States). The incentive to sign is built in: a defendant within the United States who refuses without good cause has to pay the expenses the plaintiff later incurs completing formal service, plus attorney fees for any motion to collect those expenses.5Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 4 – Summons Most defendants sign.
If You Lose: Challenging the Other Side’s Bill of Costs
In federal court, the default rule is that the prevailing party recovers its court costs from the losing side.6Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 54 – Judgment; Costs Losing a case can mean paying not just your own costs but the other side’s. The winner has 14 days after judgment to file a bill of costs with the clerk.
Not everything the winner spent is recoverable. Federal law limits taxable costs to specific categories set out in the statute, and attorney fees aren’t included unless a separate statute or contract allows them.7GovInfo. 28 U.S. Code 1920 – Taxation of Costs After the clerk taxes costs, you have 7 days to file a motion asking the judge to review that decision.6Legal Information Institute (LII). Federal Rules of Civil Procedure Rule 54 – Judgment; Costs Grounds for objection include charges outside the statutory categories, transcript fees for depositions never used at trial, excessive copying, and witness expenses above the statutory amounts.
You can also ask the judge to reduce or deny costs based on your financial circumstances. Judges have discretion here even when the statute favors the winner, and it’s worth raising if a cost judgment would effectively block future claims or cause severe hardship.
One trap worth knowing: having in forma pauperis status does not shield you from being assessed the other side’s costs if you lose. The waiver covers your own filing fees, not costs a court may award after judgment.
A Note for Incarcerated Filers
Federal law treats prisoners differently. Prisoners filing civil cases must pay the full filing fee over time even when granted IFP status. The court collects an initial payment equal to 20% of the greater of the average monthly deposits or the average balance in the prisoner’s trust account over the preceding six months.1Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis After that, 20% of each month’s income goes to the court until the fee is paid.
The protection worth knowing: no prisoner can be blocked from filing simply because the account is empty. The statute expressly forbids barring a prisoner from bringing a civil action or appealing a civil or criminal judgment “for the reason that the prisoner has no assets and no means by which to pay the initial partial filing fee.”1Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis Payments begin whenever money appears.
Do Not Overstate Hardship on the Application
Fee waiver forms are signed under penalty of perjury. If the court finds that you provided inaccurate information, the most immediate consequence is dismissal of your case.4United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) Perjury charges are also possible in federal and state courts, with potential prison time. Judges who handle IFP applications regularly notice numbers that don’t add up, and clerks sometimes cross-reference against public records. The system exists for people who genuinely can’t pay, and it works best when the applications are honest.