What Is a Fee Waiver and Why It Matters
A fee waiver lets you file a lawsuit, respond to one, or participate in court proceedings without paying court fees. If you receive certain public benefits, your household income is at or below 125% of the federal poverty level, or you simply can't afford basic necessities after paying your bills, you may qualify. The application is form FW-001, and the court usually decides the same day you file.
The Access to Justice Problem
Filing a civil lawsuit in California isn't free. The initial filing fee alone ranges from $75 for limited civil cases (under $10,000) to $435 for unlimited civil cases (over $35,000). Add motion fees, jury fees, and other court costs, and litigation becomes expensive before you even hire a lawyer.
California's fee waiver program exists because the constitution guarantees access to the courts regardless of ability to pay. Government Code sections 68630-68641 establish the fee waiver framework, ensuring that financial hardship doesn't prevent someone from seeking legal protection.
Three Ways to Qualify
You can qualify for a fee waiver through any of these three pathways:
If you currently receive any of these public benefits, you automatically qualify:
- Supplemental Security Income (SSI) or State Supplementary Payment (SSP)
- CalWORKs (California Work Opportunity and Responsibility to Kids)
- CalFresh (food stamps / SNAP)
- Medi-Cal (not Medicare—Medi-Cal specifically)
- County Relief/General Assistance (GA)
- In-Home Supportive Services (IHSS)
- CAPI (Cash Assistance Program for Immigrants)
- Tribal TANF
You'll need to check the box on FW-001 indicating which benefit you receive. The court may ask for proof (like a benefits card or award letter), but most courts grant the waiver immediately based on your declaration.
If your total household gross monthly income is at or below 125% of the federal poverty guidelines, you qualify. For 2024 (the guidelines typically update in January each year):
| Household Size | Monthly Income Limit (125%) | Annual Income Limit (125%) |
|---|---|---|
| 1 person | $1,255 | $15,060 |
| 2 people | $1,704 | $20,440 |
| 3 people | $2,152 | $25,820 |
| 4 people | $2,601 | $31,200 |
| 5 people | $3,049 | $36,580 |
| 6 people | $3,498 | $41,960 |
| Each additional person | +$449 | +$5,380 |
Note: These are 2024 figures. The Judicial Council updates FW-001 annually with current limits. Always check the form itself for the most current numbers.
Even if your income exceeds 125% of poverty, you may still qualify if paying court fees would mean you can't pay for basic necessities like:
- Food and housing for yourself and your family
- Clothing
- Medical care
- Transportation to work
- Child care
This pathway requires completing additional sections of FW-001, including listing all your monthly income sources and expenses. The court will review whether, after paying necessary expenses, you have enough left over to pay court fees.
Unlike Pathways 1 and 2, financial hardship claims are more likely to be reviewed by a judicial officer rather than granted automatically by the clerk. You may need to attend a hearing or provide additional documentation. Be prepared with pay stubs, bank statements, and bills.
The Fee Waiver Forms: A Quick Overview
| Form | Name | When Used |
|---|---|---|
| FW-001 | Application for Waiver of Court Fees and Costs | Your main application—everyone files this |
| FW-003 | Order on Court Fee Waiver (Superior Court) | Court's ruling on your application |
| FW-005 | Notice: Waiver of Court Fees (Superior Court) | Notice to other parties that you have a fee waiver |
| FW-006 | Request for Hearing About Court Fee Waiver Order | If denied, use this to request a hearing |
| FW-008 | Order on Court Fee Waiver After Hearing | Court's ruling after a hearing |
| FW-010 | Applicant's Financial Information | Additional financial details if requested by court |
| FW-012 | Request to Withdraw Application for Fee Waiver | If you no longer need or want the waiver |
In my experience, applications based on public benefits (Pathway 1) are processed fastest—often same-day. Income-based applications (Pathway 2) are usually processed within 24-48 hours. Hardship-based applications (Pathway 3) take longer and have a higher rate of requests for additional information or hearings. If you're close to the income threshold, consider whether Pathway 3 might be necessary.
- Three pathways to qualify: public benefits, income under 125% poverty, or financial hardship
- Form FW-001 is the main application—file it with your first court filing
- Most waivers are granted the same day for clear-cut cases
- If denied, you can request a hearing using form FW-006 within 10 days
Fee Waiver Eligibility: Am I Qualified?
You qualify if you receive public benefits, your household income is at or below 125% of poverty, or paying court fees would leave you unable to afford basic necessities. The eligibility standards are set by Government Code 68632 and updated annually on the FW-001 form.
Pathway 1: Public Benefits Recipients
If you currently receive any of these benefits, check the appropriate box in Item 5 of FW-001:
- Supplemental Security Income (SSI) — Federal program for aged, blind, or disabled individuals with limited income
- State Supplementary Payment (SSP) — California supplement to SSI
- Medi-Cal — California's Medicaid program (not the same as Medicare)
- CalWORKs — Cash assistance for families with children
- CalFresh — Food assistance (formerly called Food Stamps, federally known as SNAP)
- General Assistance / County Relief — County-funded assistance for indigent adults
- In-Home Supportive Services (IHSS) — Help for aged, blind, or disabled to remain in their homes
- CAPI — Cash Assistance Program for Immigrants
- Tribal TANF — Tribal Temporary Assistance for Needy Families
While the form only requires your declaration under penalty of perjury, some clerks may ask for documentation. Keep a copy of your benefits award letter, EBT card, or Medi-Cal card when you file. If you can't provide immediate proof, most courts will grant a conditional waiver pending verification.
Pathway 2: Income Below 125% of Federal Poverty Level
The income test looks at your gross monthly household income—that's total income before taxes and deductions. Include income from:
- Wages, salary, and tips
- Self-employment income
- Unemployment benefits
- Social Security (retirement or disability)
- Pensions and retirement income
- Child support and alimony received
- Rental income
- Interest and dividends
- Any other regular income
"Household" means everyone who lives with you and shares income and expenses. This typically includes:
- Your spouse or domestic partner
- Your minor children
- Adults who share income with you
It generally does not include roommates who pay rent but don't share finances, adult children who are financially independent, or parents you live with if you're financially independent.
Pathway 3: Financial Hardship
If your income exceeds 125% of poverty but paying court fees would prevent you from affording basic necessities, you may still qualify. You'll need to complete Items 6-8 of FW-001, providing:
- All monthly income sources (Item 6)
- All monthly expenses (Item 7): rent/mortgage, food, utilities, transportation, insurance, child care, medical costs, debts
- Explanation of why you can't afford fees (Item 8)
"The applicant's income is not enough to pay for the common necessities of life for the applicant and the applicant's family and also pay court fees and costs."
This is the standard the court applies. You don't need to be destitute—you need to show that after paying for housing, food, medical care, transportation, and other necessities, there's nothing left for court fees.
Who Cannot Get a Fee Waiver
Fee waivers are for individuals, not businesses. You cannot get a fee waiver if:
- You're filing on behalf of a corporation (even a small one you own)
- You're filing on behalf of an LLC
- You're filing on behalf of a partnership
- You're a business entity suing or being sued
However, a sole proprietor (unincorporated individual doing business under a fictitious name) can apply for a fee waiver based on personal finances.
If you're incarcerated, different rules apply under Government Code 68635. You may be required to show three prior attempts to collect money from your trust account, and the court may order partial payments from your account rather than a full waiver.
FW-001 Application: Line-by-Line Guide
Form FW-001 is a 3-page application. If you qualify under Pathway 1 (benefits) or Pathway 2 (income), you only need to complete the first two pages. Pathway 3 (hardship) requires the full form. Be accurate—you're signing under penalty of perjury.
Page 1: Basic Information
Caption (Top Section)
- Your Name: Your full legal name as it appears on your court filing
- Address: Where you want to receive court mail (can be a mailing address if different from residence)
- Phone & Email: How the court can contact you
- Attorney: Leave blank if representing yourself (pro per)
- Court Name and Address: The court where your case is filed or will be filed
- Case Number: Leave blank if this is a new case; the clerk will assign it
Item 1: Name and Address
Enter your full name exactly as it appears (or will appear) on the court documents.
Item 2: Type of Case
Check the box for the type of case you're involved in. If your case type isn't listed, check "Other" and describe it briefly.
Item 3: Why You Need a Fee Waiver
Check all that apply. Most commonly:
- To file papers — You're starting a new case or filing a response
- To have the sheriff serve papers — You need free service of process
- For jury trial — You want to demand a jury without paying the fee
Item 4: Previous Fee Waiver
Have you had a fee waiver in this case before? This helps the court track whether your circumstances have changed.
Item 5: Public Benefits (Pathway 1)
Check the box and indicate which benefit you receive. If you check this box, you can skip Items 6-8 unless the court requests more information.
Page 2: Income Information
Item 5b: Income Below 125% Poverty (Pathway 2)
If your household income is at or below the limit shown on the form for your household size, check this box. Enter your household size and gross monthly income. If you check this box, you can skip Items 6-8.
Items 6-8: Financial Hardship (Pathway 3)
Only complete these if you don't qualify under Pathways 1 or 2:
- Item 6: Monthly Income — List all sources: job, self-employment, unemployment, Social Security, child support, etc.
- Item 7: Monthly Expenses — List all: rent/mortgage, food, utilities, phone, transportation, insurance, medical, child care, support paid to others, debt payments
- Item 8: Explanation — Explain why you can't afford court fees. Be specific: "After paying rent ($1,500), food ($400), utilities ($200), and car payment ($350), I have $50 remaining which is needed for gas to get to work."
Don't underestimate your expenses. Include everything: prescription medications, internet (if needed for work), parking, laundry, personal care items, children's school expenses, pet care if applicable. The goal is to show that your income is fully committed to necessities.
Page 3: Signature and Additional Questions
Item 9: Property
Do you own real estate, vehicles, or other significant assets? If so, describe them and their value. Owning a modest home or a car you need for work typically doesn't disqualify you, but the court considers your overall financial picture.
Item 10: Lawyer Fees
Is a lawyer helping you? If yes, who is paying? This is relevant because if someone else is paying your lawyer, the court may question why that person isn't paying court fees.
Signature
Sign and date. Remember: this is signed under penalty of perjury. Everything you've stated must be true to the best of your knowledge.
What Happens After You File
When you file FW-001 with the clerk:
- Same-day decision (most cases): For clear Pathway 1 and 2 cases, the clerk may grant the waiver immediately
- Judicial review (1-5 days): If the clerk has questions or you're using Pathway 3, a judge will review the application
- Conditional grant: Sometimes the court grants the waiver but requests additional documentation within a certain time
- Hearing set: Rarely, the court sets a hearing before deciding
You'll receive FW-003 (Order on Court Fee Waiver), which shows whether your application was:
- Granted in full
- Granted in part (some fees waived, others not)
- Denied (with reasons)
- Requires a hearing
File your FW-001 at the same time as your initial court filing (complaint, answer, etc.). The clerk will process the fee waiver first. If granted, your filing proceeds without payment. If denied, you'll have a chance to pay or request a hearing before your filing is rejected.
What Fees Are Covered (and What's Not)
A fee waiver covers most court fees: filing, motion fees, jury fees, certified copies, and sheriff service. It does not cover expenses like deposition costs, expert witness fees, private process servers, or transcripts you order.
Fees That ARE Covered
| Fee Type | Normal Cost | With Fee Waiver |
|---|---|---|
| Initial filing fee (unlimited civil) | $435 | $0 |
| Initial filing fee (limited civil) | $75-$370 | $0 |
| First appearance fee (defendant) | $435 | $0 |
| Motion filing fee | $60 | $0 |
| Jury fee deposit | $150 | $0 |
| Jury fees (per day) | $50/day after 1st day | $0 |
| Certified copy of court document | $25-$40 | $0 |
| Sheriff service of process | $40+ | $0 |
| Court reporter fee (if court provides) | Varies | $0 |
| Appeal filing fee | $775 | $0 |
| Notice of appeal filing fee | $250 | $0 |
Fees That Are NOT Covered
A fee waiver covers court fees, not litigation expenses generally. You're still responsible for:
- Deposition costs — Court reporter fees for depositions you notice
- Expert witness fees — Hiring experts to testify or provide opinions
- Private process server — Though sheriff service is free, you may prefer or need a private server
- Transcript costs — Ordering transcripts of hearings or depositions
- Photocopying at the courthouse — The fee waiver doesn't cover the copy machine
- Travel expenses — Getting to court, depositions, etc.
- Attorney fees — If you have a lawyer, the fee waiver doesn't pay them
- Mediation fees — Private mediation costs (court-connected mediation may be different)
"Initial fees waived... include all of the following: (a) Clerk's fees... (b) Court reporter fees... (c) Fees for official services... (d) Fees for telephone appearances... (e) Jury fees and expenses..."
The statute lists specific categories. If a fee isn't on this list, it's probably not covered.
How Long Does the Fee Waiver Last?
A fee waiver lasts for the duration of your case in the court where it was granted. Specifically:
- Throughout trial court proceedings — From filing through judgment
- Through post-trial motions — Motion for new trial, motion to vacate, etc.
- Carries to appeal — If you appeal, your fee waiver presumptively transfers to the appellate court
The fee waiver does not automatically apply to:
- A new, separate lawsuit (you'll need to file a new FW-001)
- Family law cases (where fee waivers have some different rules)
- A different court (each court needs its own application)
Impact on the Opposing Party
If you have a fee waiver and you win your case, some important rules apply:
If you win: You generally cannot recover the court costs that were waived. Since you didn't pay them, you can't be reimbursed for them.
If you lose: The opposing party generally cannot recover costs from you that would have been covered by the fee waiver. Government Code 68637 provides this protection.
This means a fee waiver somewhat levels the playing field—neither side can use court costs as a weapon against the fee waiver recipient.
Updating the Court If Your Situation Changes
If your financial situation improves during the case, you have an obligation to notify the court. Government Code 68636 states that if you no longer qualify, you must:
- Notify the court in writing within 10 days of the change
- Begin paying court fees going forward
What counts as a significant change?
- Getting a job that pushes you above the income threshold
- Receiving an inheritance or settlement
- Getting married and household income increasing
- Losing the public benefit you based your waiver on
If you don't notify the court and your improved circumstances are discovered, the court can: (1) vacate the fee waiver, (2) require you to pay all waived fees retroactively, and (3) potentially impose sanctions for fraud on the court. The fee waiver is a privilege based on ongoing need.
What to Do If Your Fee Waiver Is Denied
If denied, you have 10 days to request a hearing using form FW-006. At the hearing, you can present additional evidence of your financial situation. Most denials are due to incomplete applications or borderline income—both can often be resolved at a hearing.
Understanding the Denial: FW-003
When the court denies your fee waiver (or grants it only partially), you'll receive form FW-003 (Order on Court Fee Waiver). The order will indicate:
- Whether the denial is complete or partial
- The reason for denial
- Your right to request a hearing
- The deadline to request a hearing (10 days from the date of the order)
Common Reasons for Denial
| Reason | What It Means | How to Address |
|---|---|---|
| Income exceeds limits | Your reported income is above 125% of poverty | Use Pathway 3 (hardship) with detailed expenses |
| Incomplete application | Missing information or sections | Complete all required sections and refile or request hearing |
| Expenses not justified | Court doesn't believe expenses leave nothing for fees | Provide documentation (bills, statements) |
| Assets available | You have property or savings that could pay fees | Explain why assets can't be liquidated (retirement, needed for housing) |
| Business entity | You filed on behalf of a corporation or LLC | Fee waivers aren't available for business entities |
Requesting a Hearing: FW-006
To challenge a denial, file form FW-006 (Request for Hearing About Court Fee Waiver Order) within 10 days of the date on the FW-003 order.
The form is straightforward:
- Item 1: Your name and case information
- Item 2: Date of the order you're challenging
- Item 3: Why you disagree with the denial
- Item 4: What evidence you'll present at the hearing
Preparing for the Hearing
At the hearing, you'll appear before a judge (or commissioner) and have a chance to explain your financial situation in person. Bring:
- Proof of public benefits (if applicable): award letters, EBT card, Medi-Cal card
- Income documentation: recent pay stubs (3 months), tax returns, unemployment statements
- Bank statements: last 3 months showing account balances and transactions
- Bills: rent/mortgage statement, utility bills, medical bills, insurance premiums
- Debt documentation: loan statements, credit card statements showing minimum payments
- Anything else that shows financial hardship: eviction notice, collection letters, denial of credit
Create a simple packet for the judge: a cover sheet listing your monthly income and expenses (like a mini-budget), followed by tabbed documentation supporting each number. Make two copies—one for the court, one for yourself. This shows you're organized and makes it easy for the judge to verify your claims.
At the Hearing: What to Expect
The hearing is typically informal and brief (5-15 minutes). The judge will:
- Review your application and the denial
- Ask you questions about your income and expenses
- Look at any documentation you've brought
- Make a decision (usually on the spot)
Be honest, be respectful, and focus on the facts. The judge isn't your adversary—they're trying to determine whether you genuinely qualify under the law.
After the Hearing: FW-008
The court will issue form FW-008 (Order on Court Fee Waiver After Hearing) with the judge's decision. If you're granted the waiver, your case can proceed. If you're denied again, you'll need to pay the fees to continue with your case.
The 10-day deadline to request a hearing is strict. If you miss it, your denial becomes final and you'll need to either pay the fees or file a new fee waiver application (which may be viewed skeptically if nothing has changed). Mark the deadline on your calendar immediately when you receive FW-003.
If Still Denied After Hearing
If the judge denies your fee waiver after the hearing, your options are limited:
- Pay the fees: If you can scrape together the money, you can proceed with your case
- Request a payment plan: Some courts allow installment payments, though this varies
- Wait and refile: If your circumstances change, you can file a new FW-001
- Appeal: In rare cases, you might challenge the denial by writ, but this is complex and usually not practical
In my experience, most fee waiver denials that go to hearing are reversed if the applicant shows up prepared with documentation. The initial denial is often based on incomplete information or a borderline application. The hearing is your chance to fill in the gaps. Take it seriously and come prepared.
Fee Waiver Assistance Services
I'm Sergei Tokmakov (CA Bar #279869), a California attorney. While I primarily work with international business clients, I can provide limited consultations on fee waiver applications for California civil cases, particularly if you've been denied and need help preparing for a hearing.
Fee Waiver Assistance
- ✓ Review of FW-001 application for completeness
- ✓ Advice on which pathway (1, 2, or 3) to use
- ✓ Help understanding denial reasons
- ✓ Preparation for FW-006 hearing
- ✓ Document organization guidance
Free Resources Available
- ✓ California Courts Self-Help Center
- ✓ County law library assistance
- ✓ Legal aid organizations (income-qualified)
- ✓ Court self-help facilitators
- ✓ Bar association lawyer referral services
Free Legal Help Resources
If you qualify for a fee waiver, you may also qualify for free legal help:
| Resource | What They Offer | How to Access |
|---|---|---|
| California Courts Self-Help | Forms, instructions, in-person help at courthouses | selfhelp.courts.ca.gov |
| Legal Aid Societies | Free legal representation for qualifying cases | Search "legal aid" + your county |
| Law School Clinics | Law student representation under attorney supervision | Contact local law schools |
| County Law Library | Research help, form assistance, self-help workshops | Visit your county's law library |
| Bar Association Referrals | Low-cost initial consultations with attorneys | Contact your local bar association |
For straightforward fee waiver applications (you receive Medi-Cal or your income is clearly below the threshold), the self-help resources are usually sufficient. If you've been denied, your situation is borderline, or you have a complex case, a brief consultation with an attorney can help you understand your options and prepare effectively.
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