Filing Court Papers for Free

Filing Court Papers for Free

Last updated: July 2010

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This Guide will help you if you cannot afford to pay to file your court papers by:Answering questions about how to qualify to file your court papers for free in the "Common Questions" section;Providing forms to ask to file for free in the "Forms/Letters" section;Explaining the steps for filing the application to file for free in the "Instructions" section;Giving you more information about going to court in the "Related Articles" section; andHelping you find a lawyer in the “Find Legal Help” section.Click on words that appear like 'this' to learn what these words mean.How much does it cost to file court papers? The Clerk's office charges a fee to file most court papers. How much you will be charges depends on what kind of case you have and what you want to file. To find out how much the fees will be, you can contact your local Circuit Clerk's office. What if I can't pay the fees? If you don’t have the money to pay Clerk’s fees, you can fill out an application asking to file for free. The judge must review and approve your application for you to file free of charge. The form is called an “Application to Sue or Defend as an Indigent Person;” you can find it in the “Forms/Letters” section.How do I qualify to file my court papers free of charge? To qualify, you must prove you have limited income and cannot afford to pay the fees. On your application, you will need to answer questions about your income and what you own. The judge uses the federal poverty guidelines to help decide if someone has limited income. To check if you may qualify, find the gross yearly income for the number of people living your household on the Federal Poverty Levels Chart. If your gross yearly income is below the amount listed, your application will likely be approved. What information will I need to fill out the Application? You must know about any income you have, other than from your job. If you are out of work, you must say whether you receive public assistance or are supported by a friend or family member;The amount of income that you expect to receive this year. Estimate the amount as best as you can;Your income for last year from all sources. If you filed a tax return for last year, your tax return should show your total income for the year;The names and ages of everyone living with you who depend on you for financial support. If someone other than a child is living with you and has a source of support, do not include them as a dependent;If you own real estate, the type of real estate you own. You will need to list where the real estate is, whether you own it alone or with somebody else, and how much it is worth. You also need information about any outstanding mortgage on the real estate; If you own a car, its make and modelAny personal property that you own such as, furniture, electronics, and clothes. List the amount that you could sell it for at a garage sale, not what you paid for it or how much it would cost to replace;If you have filed one of these Applications before you may be required to give the name and number of that court case.If my Application is approved, what kinds of fees will I not be charged? If the judge approves your application, you will not have to pay the fees for the following:Fees to file court papers. For example, you will not have to pay to file a complaint, file your appearance, file motions for your case, or ask for a jury. Fees to have your court papers served on the other side. For example, you will not have to pay the sheriff to deliver your court papers or if you have to publish a notice about your case in the newspaper. Fees to attend mandatory programs. For example, if the judge orders you to go to mediation, arbitration, counseling, evaluation, “Children First,””Focus on the Family,” or similar programs. Fees to pay for a translator or guardian ad litem.Fees for Clerk certified court documents or transcriptions of court proceedings. It is a good idea to keep a copy of the judge's order approving your application with you. You will need to show the order to the Clerk or the judge to not be charged a fee. How do I file an Application if I am filing a lawsuit? Once you have filled out your Application, you will need to have a judge review it. You can ask the Clerk which judge should review your Application and how long you will need to wait for a decision. In some counties the Clerk will give it to the right judge for you. Make sure to ask the Clerk how you will be notified when the judge makes a decision about your application.How do I file an Application if I am being sued by someone? When you received court papers, you also received a summon. The summons listed important deadlines for when you will need to appear in court or when you will need to file court papers in response. If the summons lists a date that you must file your Appearance and Answer by, you should fill out the Application and have it reviewed by a judge before the deadline. You can ask the Clerk which judge will need to review your Application and how long you will need to wait for a decision. If your Application is approved, you will then be able to file your Appearance and Answer free of charge. If the summons only lists a court date, you should fill out the Applicaiton and have it reviewed by a judge before your court date. You can ask the Clerk which judge will need to review your Application and how long you will need to wait for a decision. If your Application is approved, you can then file your Appearance and Answer without being charged the fee. If you would like to talk with a lawyer, click on "Find Legal Help."What if the judge will not waive the costs? If you don't qualify or your application has been denied by the judge, then be ready to pay all court costs. You must either pay by cash or money order. The Clerk of the Circuit Court and court reporters will not take personal checks. In special circumstances the court may allow you to make installment payments. You will need to make this request to the judge assigned to your case.

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