ACORN Community Legal Education Series
California Indian Legal Services
Bishop · Escondido · Eureka · Oakland · Santa Rosa · Washington, D.C.

How Do I Fill Out My Fee Waiver Forms?

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• What's in this guide and how can it help me?

Before You Begin

• Can I fill out the Application for Waiver of Court Fees and Costs and Order on Application for Waiver of Court Fees and Costs by hand?
• What happens if I make a mistake when I’m filling out the forms? Can I get the forms anywhere else?

Filling Out the Application for Waiver of Court Costs and Fees

• Question 1 on the Application for Waiver of Court Fees and Costs asks me to tell them which court fees and costs I can pay. When should I check Box 1. a. and claim I can’t pay any of the court fees and costs?
• When should I check Box 1. b. and claim I am able to pay some of the court fees and costs?
• For Questions 4, 6, and 7, the instructions tell me to check only one of those boxes. Why is that?
• Should I check Box 4?
• Do I fill out Question 5?
• What if I don’t have a Medi-Cal or social security number?
• Should I check Box 6?
• How do I figure out my "total gross monthly household income"?
• Should I check Box 7?
• What are "common necessaries of life?"

Filling Out the Court Order

• How do I fill out the Order on Application for Waiver of Court Costs and Fees?

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What’s in this guide and how can it help me?

All courts in California have to use the same fee waiver application forms. You need the following forms and instructions to fill out to apply for a fee waiver for your court costs and fees.  Click here to download these forms and instructions (opens new window). There is only one document to download.  This document contains all the following forms and instructions:

• Application for Waiver of Court Fees and Costs (Form A) – created and approved by the Judicial Council of California
• Order on Application for Waiver of Court Fees and Costs (Form B) – created and approved by the Judicial Council of California

It also includes the following detailed instructions to help you fill out the forms:

• Information Sheet on Waiver of Court Fees and Costs (Instruction A) – created and approved by the Judicial Council of California
• Instructions – Application for Waiver of Court Fees and Costs (Instruction B) – created and approved by the Judicial Council of California
• Instructions – Order on Application for Waiver of Court Fees and Costs (Instruction C) – created and approved by the Judicial Council of California

NOTE:  These forms are also available at the California Courts Self Help Center located at http://www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#fees (opens new window).

TIP: If a word in this guide appears in strong (bold) text, we give a definition for it.

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Before You Get Started

Can I fill out the Application for Waiver of Court Fees and Costs and Order on Application for Waiver of Court Fees and Costs by hand?

Yes. You don’t have to use a typewriter to fill out these forms.

TIP: If the court clerk won’t accept handwritten forms, ask to speak with his or her supervisor. The supervisor should know that you have a legal right to submit handwritten forms.

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What happens if I make a mistake when I’m filling out the forms? Can I get the forms anywhere else?

You should make extra copies of these blank forms before you start filling them out, in case you make a mistake you can’t erase.

However, if you need extra forms for any reason, the Application for Waiver of Court Fees and Costs and the Order on Application for Waiver of Court Fees and Costs are also available:

• from the court clerk’s office where you will be submitting your paperwork
• on-line, at the California Courts Self-Help Center website: http://www.courtinfo.ca.gov/selfhelp/lowcost/getready.htm#fees (opens new window)

If you go to the website, you’ll need to know the following form numbers:

• The Information Sheet on Waiver of Court Fees and Costs is 982(a)(17)(A).
• The Application for Waiver of Court Fees and Costs is 982(a)(17).
• The Order on Application for Waiver of Court Fees and Costs is 982(a)(18).

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Filling Out the Application for Waiver of Court Costs and Fees

Instruction A and Instruction B explain the form, which parts of the Application you have to fill out, and what you write in each part. Also, you’ll probably want to read through the rest of the information below because we provide some additional information about how to fill out the forms that may be helpful to you.

Question 1 on the Application for Waiver of Court Fees and Costs asks me to tell them which court fees and costs I can pay. When should I check Box 1. a. and claim I can’t pay any of the court fees and costs?

You should check Box 1. a. if:

• you are filling out this application for a fee waiver for the first time and
• you aren’t sure which costs you can or can’t pay

If you haven’t paid any court fees or costs yet, we recommend you check Box 1. a. The judge may not waive all your court fees and costs, but it if you don’t think you can pay them, it doesn’t hurt to ask. If the judge decides you can pay some of the court fees and costs, he or she will tell you which ones you have to pay.

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When should I check Box 1. b. and claim I am able to pay some of the court fees and costs?

You should check Box 1. b. if:

• you’ve already paid filing fees and/or some court costs and
• there are additional court costs that you can’t afford to pay

For example, you have already paid the filing fee, but you know that you can’t afford to pay for an expert witness if the court tells you that you need one.

You will have to tell the court which fees you can’t pay. There is a list of fees on the application form. Check off the boxes next to the fees you can’t afford to pay.

TIP: If you have already paid some court fees and/or costs, the judge can only waive additional fees and/or costs. A judge can’t refund money you’ve already paid.

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For Questions 4, 6, and 7, the instructions tell me to check only one of those boxes. Why is that?

This is where you show the judge that you can’t afford to pay the court fees. Remember, there are three specific ways you may qualify for a fee waiver (See Instruction B.) Which box you check depends on what reason you are giving.

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Should I check Box 4?

If you get financial assistance from one or more of the government programs listed on the Information Sheet (Instruction B), you should check Box 4.

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Do I fill out Question 5?

If you checked Box 4, then you have to fill out Question 5. (If you didn’t check Box 4, you should skip ahead to Question 6.) Question 5 is where you tell the judge which program you get financial assistance from:

• SSI (Supplemental Security Income) or SSP (State Supplemental Payments Programs)
• CalWORKS (California Work Opportunity and Responsibility to Kids Act) or Tribal TANF (Temporary Assistance for Needy Families)
• the Food Stamp Program
• County Relief, General Relief (G.R.), or General Assistance (G.A.)

Also, in Question 5, you need to show "verification" (proof) that you receive assistance from one of the programs. You have to write down either:

• your Medi-Cal number or
• your social security number and your birthdate.

TIP: If you’re being evicted, then you don’t have to show proof that you get financial aid from one of these programs. The court considers an eviction a special case because it’s usually an emergency. (The court calls a person who is being evicted a "defendant in an unlawful detainer action.")

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What if I don’t have a Medi-Cal or social security number?

• If you don’t have a Medi-Cal or social security number, you can use other types of documents as proof that you get financial assistance from one of these programs.
• The Information Sheet (Instruction B) has a chart that lists the other types of proof that you can use.

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Should I check Box 6?

If you didn’t check Box 4, you may be able to check Box 6. You’ll need to fill out information on the back of the application and figure out your "total gross monthly household income."

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How do I figure out my "total gross monthly household income"?

Instruction C tells you what to fill out on the application form to figure out your "total gross monthly household income." Here, you’ll have to add together:

• your "gross monthly pay" (the amount of money you earn each month before taxes are taken out) and
• other money you get each month, such as child support, social security, disability, unemployment, and trust income and
• the gross monthly pay of each person who lives in your house and
• the other money each person who lives in your house gets every month, such as child support, social security, disability, unemployment, and trust income.

TIP: The fee waiver application form lists all the sources of money that you have to count as part of your total gross monthly household income. Follow the Instructions.

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Should I check Box 7?

If you didn’t check Box 4 or Box 6, you may be able to check Box 7. To check Box 7, you’ll need to fill out the whole back page of the application, to show that you can’t pay for the court fees and costs and still be able to pay for your "common necessaries of life."

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What are "common necessaries of life?"

"Common necessaries of life" is a legal term. These are the monthly expenses that the court decides that you and your "dependents" (the people you support) need to survive day-to-day. These include things like rent, food, utilities, clothing, and medical payments. The Application has a complete list of expenses that you need to provide information about. Here is some additional explanation of what some of these expenses are:

• child, spousal support ("spouse" is your husband or your wife)
• installment payments ("installment" means you buy something on credit and make payments on it every month)
• amounts taken out of your paycheck due to "wage assignments and earnings withholding orders" (money that a court has ordered your employer to take out of your paycheck each month, to repay debts you owe)

TIP: The fee waiver application form gives you room to list all these monthly expenses. It also gives you room to include other expenses you have every month. Make sure you include any other monthly expenses you have, as this will help the court figure out if you can’t afford to pay for the filing fee. These expenses include:

• unusual medical needs
• expenses for recent family emergencies or
• any other unusual events or expenses

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Filling Out the Court Order

How do I fill out the Order on Application for Waiver of Court Costs and Fees?

NOTE:  A blank Order on Application for Waiver of Court Fees and Costs is attached for you to use. See Form B. Remember, you should make extra copies of the form before you start filling it out, in case you make a mistake you can’t erase.

Instruction C tells you how to fill out the court order.

TIP: Be sure to follow the instructions in Instruction C carefully. You only fill out a small part of the court order. The court clerk and judge fill out the rest of it.

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Disclaimer

This information is intended to assist you with your legal problem. Each area of the law is complex and changing. Your case may have special factors that could affect the applicability of this information. CILS does not guarantee that this information is sufficient to resolve your legal problem. If you have any questions, you should seek the advice and counsel of an attorney.

ACORN Community Legal Education Series

The Advocacy, Collaboration, and Referral Network (ACORN) is a project of CILS. ACORN’s mission is to expand access to legal resources that increase Indian self-sufficiency. This guide is part of our Community Legal Education Series, providing Indians and Indian tribes with user-friendly information and self-help assistance pertaining to their legal status and rights. ACORN Community Legal Education guides, and more information about CILS and California Indian issues, are available on our website at www.calindian.org.

California Indian Legal Services

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510 16th Street, Fourth Floor, Oakland, CA 94612
Phone: (510) 835-0284 Fax: (510) 835-8045

Do you have a legal problem? For assistance, contact your local CILS office:

Bishop: (760) 873-3581, or (800) 736-3582
Escondido: (760) 746-8941, or (800) 743-8941
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