Court Costs, Filing Fees, and Fee Waivers for Low-Income Litigants

Courts charge a fee to open a civil case, and in most systems that fee has to be paid when the case is filed. If you cannot afford it, you can ask to proceed without prepaying. In federal court that request is made under 28 U.S.C. § 1915, which lets a court authorize a case to go forward on a sworn affidavit showing the person is unable to pay. Every state runs a parallel process under its own name — fee waiver, indigency application, proceeding as a poor person — with its own form and its own income test. This guide explains what the fees cover, how the waiver request works, and which costs a waiver does not touch.

What the filing fee actually covers

The filing fee opens the case. It pays for docketing, the clerk's handling of the file, and the court's administrative work. It does not pay for service of the summons, for copies, for a court reporter, or for anything a party needs in order to prove their case.

Amounts differ by court and by case type, and they change. A federal district court civil filing fee is set nationally, while state trial court fees are set by statute or judicial council and can vary by county within a single state. Small claims divisions typically charge less, sometimes on a sliding scale tied to the amount claimed. The reliable figure is always the one published by the specific court — the federal judiciary's site carries the federal schedule, and state judiciaries publish their own.

Watch out: Never rely on a fee figure quoted in an article, a forum post, or an old form packet. Fee schedules are revised periodically, and a check for the wrong amount can bounce a filing back at exactly the wrong moment for a deadline.

Proceeding without prepaying in federal court

Section 1915 allows a federal court to authorize the commencement of a civil action without prepayment of fees when the person submits an affidavit stating they cannot pay and listing their assets. The statute also requires a statement of the nature of the action and the belief that the person is entitled to relief. The text is at Cornell's copy of 28 U.S.C. § 1915.

Two consequences follow that often surprise applicants. First, the statute directs courts to screen certain cases and dismiss those that are frivolous, malicious, fail to state a claim, or seek money from a defendant immune from such relief — so the application is also a first look at the merits. Second, prisoners filing civil actions are subject to a separate scheme within the same statute, including partial payment from a trust account and limits on repeat filings.

Granting the application also affects service. When a court allows a case to proceed in forma pauperis, officers of the court are directed to serve process, which relieves the plaintiff of paying a private server. The rules for what counts as valid delivery do not change, and they are covered in our guide to giving legally sufficient notice of a lawsuit.

State fee waivers: same idea, different machinery

State processes are not copies of the federal one. What they share is a form, a sworn statement, and a judicial decision. What they do not share is the eligibility test.

Several other differences matter. Some states grant a full waiver; others defer payment or allow installments. Some allow the court to reconsider the waiver if the litigant later recovers money, and to collect the deferred fees out of a judgment or settlement. A few require notice to the other side. Read the form's instructions rather than assuming, because the instructions usually state the repayment rule plainly.

Note: A fee waiver decision is administrative, not a ruling on the merits. Denial usually means the financial showing was incomplete, and most courts allow an amended application or a hearing.

The costs a waiver may not cover

Filing fees are the visible cost. The others accumulate quietly.

• Service of process — a private server or sheriff's fee for each defendant.
• Motion, jury demand, and other per-filing charges in courts that assess them.
• Deposition transcripts and court reporter attendance.
• Copying, exhibit preparation, and certified copies of records.
• Expert witness fees, which are rarely covered by any waiver.
• Appeal filing fees and the cost of preparing the record and transcripts.

Transcript costs deserve particular attention because they arrive at the worst time. A party who wants to challenge a ruling normally has to pay for the transcript of the relevant proceedings, and appellate waiver requests are decided separately from the trial-level one — a sequence explained in our piece on appealing a civil judgment.

Who pays costs when the case ends

Costs and attorney's fees are different things. In American practice each side generally pays its own attorney's fees unless a statute or contract shifts them. Routine costs — filing fees, transcript fees, certain copying — are more commonly awarded to the prevailing party under a rule or statute, though courts have discretion and often reduce or deny them.

A waiver does not immunize a litigant from a costs award against them. It also does not eliminate the underlying obligation in every state; some jurisdictions treat waived fees as recoverable later. Where a judgment is entered against someone with limited income, collection has its own protections, described in our guides to exempt funds and account freezes and, on the criminal side, ability-to-pay determinations for fines and restitution.

Common questions

Will asking for a fee waiver make the judge think less of my case?

It should not, and in most courts the application is handled by a clerk or a judicial officer separate from the merits. Fee waivers are a routine part of court administration and are granted in large numbers every year. The one real connection is in federal court, where the statute directs screening of certain cases at the same time, so a complaint with obvious legal defects may be flagged early.

Does a waiver cover the cost of a lawyer?

No. A fee waiver removes court charges, not representation costs. There is no general right to appointed counsel in civil cases, though some proceedings — certain family, guardianship, and dependency matters — provide one by statute in particular states. Free or reduced-cost help usually comes from a legal aid organization, and the Legal Services Corporation maintains a directory of funded programs.

What happens if my income changes during the case?

Many courts require you to tell them. Waiver forms commonly include a continuing duty to report a material improvement in finances, and a court can vacate the waiver and order payment going forward. Where a case ends in a recovery, some states allow the court to take the deferred fees from the judgment before the litigant is paid. Read the specific form for the rule that applies.

Can a business or organization get a fee waiver?

Generally no. Fee waivers are built around individual hardship, and most statutes and forms are written for a natural person. Corporations, limited liability companies, and similar entities are usually expected to pay, and in many courts they also cannot appear without a lawyer. Sole proprietors suing in their own name are treated as individuals in most jurisdictions.

Applying, in the order that works

1. Get the right form. Use the form published by the court where you are filing; a federal affidavit will not be accepted in a state court and the reverse is also true.
2. Assemble proof before you fill it in. Benefit award letters, recent pay records, and a household budget make a complete application on the first try.
3. List everything the form asks for. Omissions are the most common reason for denial, and an incomplete affidavit invites a second round.
4. File the waiver with the case papers. Most courts want them submitted together so the case is docketed once the waiver is granted.
5. Ask about service. Confirm whether the waiver covers sheriff or marshal service, and arrange service the moment it is granted.
6. Plan for later costs. Identify transcript and expert expenses early rather than discovering them near a hearing date.

Practical step: Court self-help centers help complete waiver forms at no charge and know what their own judges expect. Locate the court through USA.gov, and if you are handling the case alone, read our guide to filing rules for self-represented parties and, for smaller disputes, how small claims court works. The Federal Rules of Civil Procedure govern the federal side of the process.