How Do I File a Waiver Petition With the Courts?

Fess associated with filing an action in a court of law can be expensive. If you are unable to pay the required filing fee, most courts allow you to file a fee waiver petition asking the court to waive the filing fee.

Fees

• With few exceptions, all civil legal actions are initiated by filing a petition or complaint with a court. Courts require a petitioner to pay a filing fee when the petition or complaint is filed. Filing fees vary depending on the type of case and the court where the case is filed.

Procedures

• Just as courts determine their own filing fees, they also have their own procedure for filing a fee waiver. In some cases, you will need to ask for the fee waiver before you may file the petition or complaint while, in others, you can file the petition or complaint along with the fee waiver request. Fee waiver forms are often available on the court's website or in the court office.

Qualifications

• Fee waivers are generally based on the petitioner's ability to pay. You will need to explain to the court why you cannot pay the filing fee. Some courts only require you fill out a financial declaration while others require a hearing to determine your ability to pay.

Effects

• If the court grants your fee waiver, you will not be required to pay the filing fee for your court case. Some fee waivers are good for all costs associated with the case while others only cover the filing fee. Check with the individual court to be sure what you are exempt from paying.