Do Other People Know When You Put in for Waiver Request

Fee Waiver Options

In most cases, you lot have to pay a fee to file papers with the courtroom. The fees are uniform in all 58 California counties (except for Riverside, San Bernardino and San Francisco counties, where fees may include a small surcharge related to local courtroom construction needs).  Click for the Statewide Ceremonious Court Fee Schedule.  Also, courts accept their fee schedules posted on their website. If yous cannot afford the filing fee or other courtroom costs, you may qualify to have these fees and costs waived by the court. This section gives you more than information about asking the superior court for a fee waiver.

Click if you need a fee waiver for a guardianship or conservatorship example.

Click if y'all need a fee waiver for an appeal or a writ.

Asking for a fee waiver

If y'all are depression-income and cannot afford to pay the fee to file your courtroom papers, you tin can ask for a "fee waiver."

At that place are iii ways to authorize for a fee waiver:

• If y'all are receiving public benefits, like Medi-Cal, Food Stamps (CalFresh), Cal-Works, General Assist, SSI, SSP, Tribal TANF, IHHS or CAPI;
• If your household income, before taxes, is less than the amounts listed on Form FW-001 in item 5b;OR
• If the court finds that you lot exercise not have enough income to pay for your household'southward basic needs AND the court fees.

To ask for a fee waiver:

1. Read the Data Canvass on Waiver of Superior Court Fees and Costs (Form FW-001-INFO). (Available in Spanish)
2. Fill out the Request to Waive Court Fees (Class FW-001) (Castilian), reading the form very carefully. Use the Instructions for FW-001 or Video Instructions for FW-001  equally a guide.
3. Sign your asking for a fee waiver nether penalisation of perjury. Then, on your forms, you must tell the truth, and your answers must be accurate and complete.
4. Make two copies of your completed Class FW-001.
5. Turn in your fee waiver forms to the clerk. The clerk will tell you lot how long it will take to process your request for fee waiver.

If you already have an Social club on Court Fee Waiver (Form FW-003 or Form FW-008), but now have additional fees that are non included in the order:

1. Read the Information Sheet on Waiver of Superior Court Fees and Costs (Grade FW-001-INFO).
2. Fill out a Asking to Waive Boosted Court Fees (Form FW-002), and the top of a blank Order on Courtroom Fee Waiver (Form FW-003). Use the instructions for FW-002 and instructions for FW-003 as a guide.
3. Make one copy of your forms.
4. Turn in your forms to the clerk. The clerk will tell you how long information technology volition have to procedure your application for fee waiver.
5. The rest of the procedure is the same as with your original fee waiver.

Remember: Yous must sign your request for a fee waiver under penalization of perjury. So, on your forms, you must tell the truth, and your answers must be accurate and complete.

Fee waivers expire 60 days afterward your case is finished, either by a judgment, a dismissal, or in some other way. They tin can as well end if the court finds that you are no longer eligible for the fee waiver.

If your fee waiver request is granted:

If y'all file a Request to Waive Courtroom Fees (Course FW-001) and your asking is granted, yous volition not have to pay fees for:

• Filing papers in superior court (except for appeals in cases worth over $25,000);
• Making and certifying copies;
• Having the sheriff give notice;
• Getting a court-appointed interpreter in small-scale claims court;
• Having a courtroom hearing by telephone;
• Giving notice and certificates;
• Sending papers to another courtroom section;
• Having a courtroom reporter; or
• Preparing, copying, and certifying a clerk's transcript on appeal and transmitting it to the appellate court and the party.

If y'all file a Request to Waive Additional Court Fees (Form FW-002) and the court grants your request, you will not have to pay fees for services the court determines to be necessary for your example. The fees that are waived will be checked off on Form FW-003 or Form FW-008. These may include 1 or more of the post-obit:

• Jury fees and expenses;
• Fees for court-appointed experts;
• Fees for a police officer to testify in court;
• Courtroom-appointed interpreter fees for a witness; or
• Other fees (read Form FW-001-INFO to see examples of the fees yous can ask the court to waive). (Course FW-001-INFO is also available in Spanish.)

Important: Even if your fees are waived at first, there are some cases in which you may take to pay them back later. Click to observe out when yous may take to pay your fees back.

If your fee waiver request is denied

If your asking is denied without a hearing

Your fee waiver application may be denied without a hearing for 1 of ii reasons:

• It is incomplete; or
• From your awarding, the courtroom decided you are not eligible for the fee waiver.

The judge volition check the reason for denying your request on page 2 of Course FW-003.

If your fee waiver is denied without a hearing, you have 10 days from the appointment in the Clerk's Certificate of Service (at the bottom of page 2 of Class FW-003 or attached to that form) to:

1. Pay your fees;
2. File a new request if the court found that your request was incomplete; OR
3. Ask for a hearing to show the court more information.

Read item 4b on Class FW-003 advisedly to detect out what you need to practise.

If you do non do 1 of these 3 things, the court volition cancel the papers you filed with your fee waiver request and you can miss important deadlines or have to get-go your case all over.

To ask for a court hearing to bring more information after your fee waiver request is denied:

1. Fill out a Asking for Hearing About Courtroom Fee Waiver Gild (Form FW-006) and the peak of Detect on Hearing nigh Court Fees (Form FW-007). Use the instructions for FW-006 and instructions for FW-007 as a guide.
2. Brand 1 copy of each form and plough them in to the clerk with the originals.
3. The court will ship you a completed Grade FW-007, telling you when the court date is for your fee waiver hearing.

If yous missed the deadline and filed your request for a hearing more than 10 days afterward your fee waiver application was denied, the courtroom will deny your hearing request and say and then on Class FW-007. If there is another reason why the court denies your hearing asking, the court volition write it in item 5c.

If the courtroom asks for more data

If the court wants more data to make a determination on your fee waiver, the court volition set up upwardly a hearing date for you. The information on the hearing volition be on page 2 of Grade FW-003, under item 4c.

Make certain you get to that hearing. Bring with you lot whatsoever documents that the court tells you to bring. The court will tell you what documents it wants you to bring right to a higher place the hearing engagement information.

If you do not get to this court hearing, your fee waiver application volition exist denied and yous will have to pay your fees in 10 days.

If your request is denied afterwards a hearing

If the court denies your fee waiver request later on a hearing, your options depend on what the courtroom orders. First, look at folio two of the Order on Court Fee Waiver After Hearing (Grade FW-008) to see what the courtroom ordered.

• If the court grants you a fractional waiver of your fees and costs, you lot volition nevertheless take to pay some of the fees, merely non all. The court will tell what office of the fees are waived on page 2 of Class FW-008, item c. You must pay whatsoever other fees you owe within ten days after the date in the Clerk'southward Document of Service (at the bottom of the form or attached to it). If you do not, the court will cancel the papers you filed.
• If the courtroom denies your request for a waiver, but allows y'all to pay some court fees and costs over time, the court will check items 5b(i) and 5b(2) at the top of page 2 of Form FW-008. On the class in these items, the court volition tell you when you lot must start making the partial payments and how much yous must pay each calendar month. If you do not make those payments, or pay for any other fees and costs as they come up due, the court may abolish the papers you filed.
• If the court denies your request for a waiver and orders you to pay in full immediately, the court will check particular 5b(1) at the pinnacle of page 2 of Class FW-008. You must pay your court fees within 10 days afterwards the appointment in the Clerk'south Certificate of Service (at the bottom of the form or attached to it). If you do not pay, the courtroom will abolish the papers you lot filed.

Remember: You must act speedily after you get that order if you want your case to move forward.

After Getting the Fee Waiver

Once you lot get a fee waiver, and as long equally your financial situation remains the same, you practise non have to do anything related to the fees. Only if your finances improve or if you can now afford to pay the court fees and costs, y'all have to tell the courtroom within 5 days. Fill out a Notice to Courtroom of Improved Financial Situation or Settlement (Form FW-010) and file it with the clerk.  Utilize the instructions for FW-010 as a guide.

Also, you may go a Notice to Appear for Reconsideration of Fee Waiver (Class FW-011). This is a notice from the court to go to a hearing to reconsider your fee waiver. The courtroom sends this form if it thinks your financial state of affairs may accept changed. Make sure you become to this court date, or your fee waiver may exist canceled.

It is possible that you may accept to pay the fees that were waived in some cases. Detect out more well-nigh paying waived fees back.

Fee waivers elapse 60 days after the courtroom problems a judgment or dismissal or finishes the instance in some other way.

Waiving additional fees

If you are facing additional court fees that were not waived in your original order, you lot tin can request a waiver for these additional fees:

1. Read the Data Sheet on Waiver of Superior Court Fees and Costs (Form FW-001-INFO).
2. Make full out a Request to Waive Boosted Court Fees (Grade FW-002) and the top of the Lodge on Court Fee Waiver (Course FW-003). Apply the instructions for FW-002 and instructions for FW-003 as a guide.
3. Make ane copy of your forms.
4. Turn in your forms to the clerk. The clerk volition tell you lot how long it will have to process your awarding for fee waiver.
5. The balance of the process is the same every bit with your original fee waiver.

Recall: You must sign your request for a fee waiver nether punishment of perjury. And so, on your forms, you must tell the truth, and your answers must be accurate and consummate.

Paying Waived Fees Back

In some cases, even if your fees are waived, you may have to pay them back after.  You may even accept to pay the other side'southward waived fees.

• If your financial circumstances meliorate during your instance, the court may guild you lot to pay back any fees that were waived later your eligibility ended.
• If the court asks you to provide proof for the data you wrote on your fee waiver request and you practise not provide that proof, the court will abolish your fee waiver and yous will have to pay back any fees and costs that were waived.
• If y'all win your ceremonious or modest claims case, usually the court orders the other side to pay the fees. The courtroom will non enter a satisfaction of judgment until those fees and costs are paid.
• If you lose your civil or minor claims case and the courtroom orders yous to pay the other side's fees, yous will take to pay those fees even if the other side had a fee waiver and did not actually pay the court fees.  The judgment against you in the case will not exist satisfied (considered paid in total) until y'all pay back the waived fees of the other side.
• If you take a ceremonious instance and you settle with the other side for $10,000 or more, yous volition accept to pay whatever waived fees. The court will put a lien on your settlement to pay these fees. And the court will not dismiss the example until the fees take been paid.
• If you get a judgment or child/spousal/partner/family back up order in a family police force case, the court may order you to pay all or part of your waived fees or the other person's waived fees. If this happens, y'all take the right to ask for a court hearing to request that the court ready bated (cancel) the order to pay the waived court fees and costs.

To enquire for a courtroom hearing in a family police force case when you take been ordered to pay waived fees and costs:

1. Asking a hearing within xxx days from the appointment of service of the Order to Pay Waived Court Fees and Costs (Class FL-336). If yous file in fourth dimension, you will non have to pay the waived fees until the judge makes a determination afterward the hearing.
2. Fill out a Request for Social club(Grade FL-300).
3. Fill out an Application to Set Aside Order to Pay Waived Court Fees-Attachment (Class FL-337) and attach it to Form FL-300.
4. Make iii copies of your forms.
5. Turn in your forms and copies to the clerk. The clerk will give y'all a date for the hearing.
6. Have someone 18 or older, not you, serve the other person with 1 copy of the forms that the clerk returns to you AND include a blank Responsive Annunciation to Request for Society (Form FL-320).
7. Fill out a Proof of Personal Service (Course FL-330) or a Proof of Service by Mail(Grade FL-335) and file it with the clerk.
8. Make sure y'all go to your hearing. If you exercise non get, your asking will be denied and you lot will have to pay back the other side'south waived fees and costs.

Laws and rules of court almost fee waivers

The California laws about fee waivers are in the Government Code, sections 68630 through 68641.

The California Rules of Court also deal with fee waivers. For:

• Fee waiver rules for the trial courts, read rules 3.fifty through 3.58.
• Fee waiver rules in the Court of Entreatment, read rules 8.26, 8.100, viii.122, and 8.128.
• Fee waiver rules in the appellate division of the superior court, read rules viii.818, viii.821, viii.832, and 8.833.

Fee Waiver Forms

NOTE: All California courts use the same basic ready of forms. Merely some courts have special, local forms, also. To see if you will need any special, local forms, contact your court clerk or check your courtroom's website. The forms may exist posted on their site. If not, the site will list the address and phone number of your local courthouse.

Forms to ask for a fee waiver

To download a form (in PDF format), click on the grade number in the tabular array below.

Form Proper noun	Form Number	Instructions
Information Sheet on Waiver of Superior Courtroom Fees and Costs	FW-001-INFO	Information sheet only.
Request to Waive Court Fees	FW-001	Instructions for Class FW-001 Video instructions for FW-001
Lodge on Courtroom Fee Waiver (Superior Court)	FW-003	Instructions for Grade FW-003

Forms you may need afterward on in your case

To download a grade (in PDF format), click on the class number in the table beneath.

Form Name	Class Number	Instructions
Request to Waive Additional Courtroom Fees (Superior Court)	FW-002	Instructions for Form FW-002
Request for Hearing Almost Court Fee Waiver Order (Superior Court)	FW-006	Instructions for Form FW-006
Notice on Hearing About Court Fees	FW-007	Instructions for Form FW-007
Social club on Court Fee Waiver After Hearing (Superior Court)	FW-008
Discover to Court of Improved Fiscal State of affairs or Settlement	FW-010	Instructions for Form FW-010
Order on Court Fee Waiver After Reconsideration Hearing (Superior Court)	FW-012	Instructions for Class FW-012

Note:Fee waiver forms are for the courtroom but, and some of them are confidential (information technology should say on the form itself). Exercise not have them served on the other side.

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Source: https://www.courts.ca.gov/selfhelp-feewaiver.htm

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