Affidavit of Indigency

If you cannot afford the cost of bringing a lawsuit, defending an eviction, or appealing your case, you may be eligible to have the state pay for court fees and costs. You can use the Affidavit of Indigency and  its Supplement to ask the court to have the state pay court fees and costs.

These instructions and forms are based on documents that were issued by the Massachusetts Supreme Judicial Court on March 5, 2003. They are being used by all courts in Massachusetts.

In addition to these instructions, the Supreme Judicial Court also issued separate instructions to court staff that in summary, state that:

• Courts must accept and process all court papers without delay, even if you have not yet obtained a waiver of a filing fee.
• If you are applying under Category A or B on the Affidavit of Indigency form and asking for a waiver of normal costs, a clerk (not judge) must approve your application without delay as long as your Affidavit raises no significant questions about whether you are indigent.
• If you are applying under Category C on the Affidavit of Indigency form, unless there is a serious question about whether you meet the standard in Category C, a clerk can approve your application without going to a judge.
• A clerk should not require that you complete a Supplement to the Affidavit form unless you are applying under Category C.
• You may be ordered to by a judge to pay a partial fee. But only a judge, not a clerk, can make such a determination after considering the totality of your economic circumstances.

The Federal Poverty Guidelines can help you determine whether you are eligible.