Can I get the court to waive my court costs?

The court should waive your filing fees and other costs related to your case, if your income is low enough. There is a court form to ask the court to waive your costs - Affidavit of Indigency. On this form, you pick one of 3 reasons why your income is too low to pay your court costs:

A. You get one of the public benefits listed in Category A, see Category A;

B. Your income equals or is less than a certain dollar amount. The more people that depend on you, like children, or disabled relatives, the higher your income can be. The Federal Government decides this dollar amount every year. See Category B; or

C. Even though your income is higher than the amount the Federal Government says is low-income, you still cannot afford to pay the costs related to your court case. See Category C.

If you pick Category A or B, the court or the clerk at the court should approve your Affidavit of Indigency automatically.

If you pick reason C, you will have to fill out another form also. See Category C.

Produced by Merrimack Valley North-Shore Legal Services, Inc.
Last Updated September 2013

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