How to Tell a Court You Cannot Pay Court Costs
What a Statement of Inability to Afford Payment Does
A Statement of Inability to Afford Payment of Court Costs is a form you file with the court to ask that fees be waived or reduced because you cannot pay them. It is not a request you make to a judge in person — it is a written document you submit to the court clerk before or during your case. When you file it, you are telling the court: "I do not have the money for filing fees, service fees, or other costs this case requires."
The court then reviews what you earn, what you owe, and what you own. If the judge agrees you cannot afford the costs, the court may waive them entirely or let you pay in installments. Some courts will let you proceed without paying upfront. The form itself does not cost money to file.
This is different from a payment plan or a loan. You are not borrowing money or promising to pay later. You are asking the court to forgive the debt because paying it would leave you unable to cover basic needs.
Key Takeaways
- You file a Statement of Inability to Afford Payment with the court clerk, not with a judge, and it must be submitted before or early in your case.
- The form requires you to list your income, expenses, assets, and dependents so the court can decide whether you truly cannot pay.
- Each state and sometimes each county has its own form and its own rules about what counts as inability to pay.
- Filing the statement does not stop your case or delay it — the court reviews it while your case moves forward.
- If the court denies your request, you can ask again later if your financial situation changes, or you can ask the judge to reconsider at a hearing.
When You Need to File This Statement
You file a Statement of Inability to Afford Payment when court costs would prevent you from pursuing or defending a case. This includes filing fees (the cost to start a lawsuit), service fees (the cost to notify the other party), transcript fees, motion fees, and other charges the court imposes.
You can file it at the beginning of a case, before you pay the initial filing fee. You can also file it later if costs come up as the case continues — for example, if you need to file a motion or request court records. Some courts let you file it even after you have already paid some fees, to recover what you paid or to waive future costs.
The timing matters. Filing early — before you miss a deadline or fail to pay a fee — gives the court time to rule before your case is dismissed or your rights are affected. If you wait until after a fee is due, the court may deny your request or require you to pay a portion.
What Information You Must Provide on the Form
The statement requires you to describe your financial situation in detail. You will need to list your monthly income from all sources: wages, unemployment benefits, Social Security, child support, disability payments, or any other money coming in. You must also list your monthly expenses: rent or mortgage, utilities, food, childcare, medical costs, debt payments, and support you provide to dependents.
The form asks you to list what you own — a car, a house, savings, investments — and what you owe, such as credit card debt, medical bills, or loans. You will also state how many people depend on you financially. The court uses this information to calculate whether you have money left over after basic living costs. If you do not, the court is more likely to waive the fees.
You must be truthful on the form. Lying about your finances is perjury and can result in criminal charges. If you are unsure what to include, ask the court clerk or a legal aid office — they can explain what counts as income or expense in your state.
How to Obtain and File the Form
Each state and sometimes each county maintains its own form. The fastest way to find it is to visit your court's website and search for "Statement of Inability to Afford Payment" or "In Forma Pauperis" (the legal term for this request). You can also call the court clerk's office and ask them to mail or email the form to you, or pick it up in person.
Some courts have the form online as a PDF you can print and fill by hand. Others require you to fill it out on a computer and print it. A few courts still accept handwritten forms. Check your local court's website or call ahead to learn what format they accept.
Once you have completed the form, file it with the court clerk — either in person, by mail, or by email if the court accepts electronic filing. Keep a copy for your records and ask the clerk for a date-stamped copy showing it was received. If you are filing by mail, send it certified mail so you have proof of delivery.
What Happens After You File
After you file the statement, the court clerk sends it to a judge or magistrate to review. This usually takes one to four weeks, depending on how busy the court is. During this time, your case does not stop — deadlines still apply and you must still show up for scheduled hearings.
The judge will either grant your request (waive the fees), deny it (you must pay), or grant it in part (you pay a reduced amount or in installments). The court will notify you of the decision in writing, usually by mail. If the court grants your request, you do not pay the fees. If it denies your request, you will receive a bill or notice of what you owe and when.
If the court denies your request and you believe your financial situation was not fully understood, you can file a second statement if your circumstances have changed, or you can ask the judge to reconsider at your next court appearance. Bring new financial documents if your income or expenses have shifted.
Differences Between States and Court Types
Rules for waiving court costs vary significantly by state and by the type of court. In civil cases (disputes between people or businesses), some states make it harder to waive fees than in criminal cases (where the government prosecutes). Family court cases (divorce, custody, child support) often have their own rules and forms.
Some states use the term "In Forma Pauperis" instead of "Statement of Inability to Afford Payment," and some have multiple forms depending on what type of fee you want waived. A few states set a specific income threshold — for example, if you earn below 125 percent of the federal poverty line, you automatically may have access to. Others require the judge to use discretion and consider your whole situation.
Before you file, check your state court's website or call the clerk to learn the local rules. Legal aid offices in your area can also tell you what form to use and what the court typically approves.
What to Do If You Cannot Afford a Lawyer
Waiving court costs is separate from having a lawyer. Even if the court waives your fees, you may still need to represent yourself or find a lawyer. If you cannot afford a lawyer, you have other options.
Contact your local legal aid office — they provide free or low-cost legal help to people who meet income requirements. You can find your local office through the Legal Services Corporation website or by calling 211 and asking for legal aid. Some legal aid offices will represent you in court; others will help you prepare your case or review documents.
Some courts also have self-help centers or court navigators who can explain the process and help you fill out forms, though they cannot give legal advice. Ask the court clerk whether your court offers this service.
Frequently Asked Questions
Can I file a Statement of Inability to Afford Payment if I have a job?
Yes. The court looks at your total income minus your necessary expenses, not whether you work. If your wages are low or your expenses are high, you may still may have access to. The court wants to know whether you have money left over after paying for food, housing, utilities, and other basics.
What if the court denies my request and I still cannot pay?
You can ask the judge to reconsider at your next court hearing, especially if your financial situation has worsened. Bring updated pay stubs, bills, or other proof of your current finances. You can also contact legal aid to see whether they can help you pay the fees or represent you without charge.
Do I have to pay the fees back later if I win my case?
In most civil cases, no — if the court waives your fees, you do not owe them back. In some cases, the judge may order the other party to pay your court costs as part of the judgment, but that is different from you paying them. Ask the judge or your lawyer whether this applies to your case.
How long does it take for the court to decide?
Most courts rule within one to four weeks, but it depends on how busy the court is. Your case continues during this time — you must still meet deadlines and attend hearings. If you need a decision faster, ask the court clerk whether you can request expedited review.
Can I file this statement online?
Some courts accept electronic filing through their website or a court portal. Others require you to file in person or by mail. Check your court's website or call the clerk to learn what methods they accept. If you do not have internet access, the court clerk can help you file by mail or in person.