Court & Hearings

Court fees are charges you pay to use the court system, like filing papers, scheduling hearings, or having the sheriff A county officer who can serve people with summons. They can evict someone with a court order. serve Giving court documents to someone documents. Both the person who starts a case and the person being sued may have to pay them. Court fees are different from a lawyer’s Someone who represents clients in courts or who gives legal advice fees. If you cannot afford them, you can ask the court for a fee waiver. A document that lets someone file court papers for free or at a reduced cost.

A court fee waiver lets you file papers or take part in a court case without paying certain fees. If you qualify, the judge can order that some or all of your court costs The fees for going to court, including filing, serving, and getting transcripts be waived. Learn how to ask for a fee waiver.

If approved, you may not have to pay for:

• Filing court papers
• Having papers served
• Mediation When a neutral person, called a mediator, works to help the parties in a case reach an agreement or parenting programs ordered by the court
• Interpreters and translators
• Certified copies of court records
• A guardian ad litem A person appointed by a judge to help the judge make a decision in a guardianship or family law case or other court-appointed costs
• Transcripts needed for your case

You may qualify if:

• You get certain public benefits, like SNAP (food stamps), SSI, TANF, AABD, GA, or Medicaid.
• Your income is at or below 125% of the federal poverty level (FPL). If your income is up to 200% FPL, you may get a partial waiver. A document that gives up a legal right or excuses a requirement
• You show the court that paying fees would be a serious hardship, even if you don’t meet the above.

If your income is above the full waiver A document that gives up a legal right or excuses a requirement limit but at or below 200% of the federal poverty level (FPL), you may get a partial waiver:

• 125%-150% of FPL: You pay 25% of fees. The court waives 75%.
• 150%-175% of FPL: You pay 50% of fees. The court waives 50%.
• 175%–200% of FPL: You pay 75% of fees. The court waives 25%

Yes. You must still file the Application for Waiver of Court Fees. On the form, check the box for the type of public benefit you receive, such as SSI, SNAP, TANF, AABD, GA, or Medicaid. If you receive one of these benefits, you usually qualify for a full waiver, and you do not need to fill out the income and property sections of the form.

Exception: In Cook County, you must still fill out the entire form, including income and property, even if you receive public benefits.

Yes. Even if you do not receive public benefits or your income is above the poverty level, the judge can still grant a full waiver A document that gives up a legal right or excuses a requirement if paying court fees would cause you serious hardship. The judge may look at your monthly expenses and any documents you provide to support your request.

The following do not automatically disqualify you from a fee waiver: A document that lets someone file court papers for free or at a reduced cost.

• Having a job. The court considers your household size and expenses, not just your income.
• Having a lawyer. Someone who represents clients in courts or who gives legal advice You may have a free (pro bono) Legal work done for little or no cost lawyer or a lawyer paid by someone else.
• Owning a home. If you are behind on payments, the judge will take that into account.

No. You can apply at any time during your case. However, if you have a filing deadline, apply early so the judge has time to decide.

Most of the time, the judge can decide from your application alone, and no hearing When the parties in a case present their sides of a case to a judge or other officer is needed. If your fee waiver A document that lets someone file court papers for free or at a reduced cost. application is incomplete or the judge has questions, the court will schedule a hearing.

The hearing may be held in person, by phone, or by video. Be ready to provide proof of your income, benefits, expenses, or property and to answer A written statement used to respond to the complaint or petition in a lawsuit questions about your finances.

No. Applying for a fee waiver A document that lets someone file court papers for free or at a reduced cost. is free.

A fee waiver A document that lets someone file court papers for free or at a reduced cost. is valid for one year. During that time, you do not need to reapply each time you file something in your case. If you still need a waiver A document that gives up a legal right or excuses a requirement after the year ends, you must apply again.

A fee waiver is based on your financial situation at the time you apply. If your situation improves, for example, if you get a new job or stop receiving public benefits, the judge can change the order and require you to pay some or all court fees.

When filing in person, show the clerk your approved fee waiver A document that lets someone file court papers for free or at a reduced cost. order. When e-filing, select the “waiver” A document that gives up a legal right or excuses a requirement option at the payment screen and upload your waiver order if required. Once the system accepts your waiver, you can file without paying fees.

If the judge denies your fee waiver, A document that lets someone file court papers for free or at a reduced cost. you will need to pay the required court fees for your case to continue. The court order will explain why the waiver A document that gives up a legal right or excuses a requirement was denied. You can ask the judge to reconsider, or file a new application later if your financial situation changes. If you do not pay the fees by the deadline in the order, the court may dismiss your case or rule against you.

Tell the judge. The judge may let you pay later, in smaller amounts, or under another payment plan.

If you are represented by a civil legal aid or a pro bono Legal work done for little or no cost lawyer, Someone who represents clients in courts or who gives legal advice your lawyer can file a certification so you do not have to pay fees, without filing a fee waiver A document that lets someone file court papers for free or at a reduced cost. application.