Instructions to Ask the Court to Waive Filing Fees
by: Montana Legal Services Association (MLSA)
In many legal cases, you must pay fees to file court papers. If you cannot afford to pay the fees, you can ask to file your papers without paying. The way you ask is to fill out a form and file it with the court where your case is being handled. The following instructions can help you do that.
- Definition: "Affidavit for Inability to Pay Filing Fees" is a form you must fill out to ask the court to waive your filing fees.
- Definition: "Pro se" means to act as your own attorney.
- Definition: "Waive" means that you do not have to pay the fees.
In many cases you cannot file the court paperwork until you pay the fees or until the fees are waived. It may take the Judge a few days after you file the fee waiver to decide whether to waive your fees. If you have to file paperwork to meet a deadline, make sure you ask to have your fees waived a few days in advance so that you don't miss the deadline!
Find the forms you need:
Call the court! You can often get forms for waiving filing fees at the court. Click here to find contact information for a court near you.
Or, you can click here to get a general form.
Complete the forms:
(Because the forms are different, these instructions may or may not apply to the forms you use.)
1. Write or type in your name, address and telephone number on the lines that are provided. If you want to keep your address or telephone number confidential for safety reasons, write in "confidential". The Court may ask you to give another address where you can receive court notices (such as a domestic violence shelter).
2. Write or type in the name of the court where your case is being handled on the line that is provided. (Example: 2nd Judicial District Court). You can find the name from other court documents you have from your case.
3. Write or type in the name of the county where the case is being handled on the line that is provided.
4. Write or type in the names of the people who are the Petitioner and Respondent on the lines that are provided. You can look at court documents from your case to see if you are the Petitioner or Respondent.
5. Write or type in the information that is asked about your property, debts, and finances as completely as possible. If a question does not apply, write in N/A.
6. Be honest. By signing this form, you will be swearing that it is truthful.
7. When you have finished filling out the form, you need to sign them in front of a notary public. Notary publics can be found at courthouses, banks, and often at government offices.
8. Some of the forms have orders included with them. An order is what the judge signs to waive your fees. If the forms include an order, write in the judicial district number and county on the lines provided and leave the rest blank.
File the forms:
You must file the form with the clerk at the court where your case is being handled. Other legal papers cannot be filed until the fees have been paid, or until the fees are waived. It may take a few days for a judge to decide whether to waive your fees.
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