How to File a Lawsuit Without Paying Court Fees (California, Texas, and New York)

Savage Lex Team · 2026-08-13

How to File a Lawsuit Without Paying Court Fees (California, Texas, and New York)

You need to file a case. You don't have $350 sitting around. Every state lets you ask the court to waive filing fees if you genuinely can't afford them. But the process looks different in every state, nobody hands you a clear instruction sheet, and one mistake can get your case dismissed before it starts.

This guide covers the actual filing fees, the real waiver process, and the exact forms for California, Texas, and New York. No filler. Just what you need to walk into the clerk's office and file.

What Court Filing Fees Actually Cost

Before you panic about the number, know what you're looking at. Filing fees vary wildly depending on the type of case and the court. Here's the breakdown for the three most common scenarios:

|---|---|---|---|

| Small claims | $30–$75 | $35–$50 (justice court) | $15–$20 (NYC) |

Important: Texas fees are set at the county level. The $350 figure above is a typical district court total, but your county may charge more or less. Call your county clerk's office and ask for the fee schedule before you drive down there.

New York's $210 is the index number fee—the minimum to open a case in Supreme Court. If your case is in Civil Court (under $25,000), the fee may be lower.

These are just the filing fees. You'll also pay for service of process, copies, and other costs down the line. A fee waiver can cover those too, depending on your state.

How to Get a Fee Waiver: California

California uses Form FW-001 (Request to Waive Court Fees), effective March 1, 2026. You can download it from selfhelp.courts.ca.gov/fee-waiver.

You qualify if any one of these is true:

You receive public benefits (Medi-Cal, CalWORKs, CalFresh, SSI, etc.)
Your household income is below a set amount (check the income limits printed on Form FW-001—they update periodically)
You can't afford both your basic living expenses and court fees

You only need to meet one condition. You don't have to hit all three.

What the waiver covers: Filing fees, service fees, certified copies, court reporter fees at trial, and other costs listed on Form FW-003, item 4.

How to file:

Fill out FW-001 (Request to Waive Court Fees)
Fill out FW-003 (Order on Court Fee Waiver) and check the boxes for what you want waived
File both with the clerk at the same time you file your case
A judge reviews it—usually the same day or within a few days
If approved, you file for free. If denied, you pay the fee.

The catch: If your income goes up after you get a waiver, you must tell the court within 5 days using Form FW-010. The court can revoke the waiver if you no longer qualify.

How to Get a Fee Waiver: Texas

Texas calls it a Statement of Inability to Afford Payment of Court Costs. It's governed by Rule 145 of the Texas Rules of Civil Procedure.

There's no single statewide form, but the Texas Office of Court Administration provides a template that most counties accept. You can find it at txcourts.gov.

What you need to include:

Your income from all sources (wages, government benefits, child support, anything)
Your monthly expenses (food, rent, transportation, medical, childcare)
Any debts or financial obligations
A statement that you cannot afford to pay court costs
Your signature under penalty of perjury (no notary required)

What happens next:

File the Statement with the clerk when you file your case
The other side can challenge it—if they do, a judge holds a hearing
At the hearing, you present evidence of your finances (pay stubs, bank statements, benefit letters)
The judge decides. If approved, you don't pay. If denied, you pay.

Key difference from California: Texas lets the other side fight your waiver request. California generally doesn't. If you're suing someone with a lawyer, expect them to challenge it.

Also note: If you're represented by a legal aid provider or receiving public benefits, you can file an IOLTA certificate with your Statement. An IOLTA certificate can't be contested—so if you have legal aid backing you, the waiver is essentially guaranteed.

How to Get a Fee Waiver: New York

New York calls it "poor person's relief." The statute is CPLR § 1101. There's no official statewide form, which is both the good news and the bad news.

The process:

File a Notice of Motion with the court
Attach a sworn Affidavit explaining your finances
The affidavit must include: your income and sources, a list of property and its value, the nature of your case, enough facts to show your case has merit, and whether anyone else would benefit from a judgment in your favor
Submit it to the judge

If you're starting a new case: You can file the fee waiver request at the same time as your summons and complaint—without serving anyone else first. The clerk gives your case an index number and submits the application to a judge.

If the case is already underway: You have to serve the fee waiver request on all parties and on the County Attorney (or Corporation Counsel in NYC).

What happens if you're denied: You have 120 days to pay the filing fee, or your case gets dismissed. That's the rule under CPLR § 1101(d).

What it covers: Index number fee ($210), Request for Judicial Intervention ($95), Note of Issue ($30), motion fees ($45), jury demand ($65), and court reporter fees. Basically everything.

The Common Mistakes

Filing the waiver request too late. In California, you file FW-001 at the same time as your case. In Texas, you file the Statement at the same time. In New York, you can file simultaneously with your summons. If you wait until after you've already paid, you're asking for a refund, not a waiver—and that's harder.

Not bringing documentation. California and New York generally take your word on the forms. Texas can challenge you. Bring pay stubs, bank statements, benefit award letters, and a list of monthly expenses to court. Even if nobody asks for them, having them ready makes the judge's job easier and your request more credible.

Forgetting that waivers aren't permanent. In California, the waiver can expire 60 days after an appeal or writ. In all three states, if your financial situation changes, you may need to update the court. Don't assume the waiver covers your entire case life.

Mixing up court types. A fee waiver filed in Superior Court doesn't automatically apply if your case gets transferred to a different court. Check with the clerk.

Using the wrong form. California has specific forms (FW-001, FW-003). Texas has its own template. New York has no official form but different courts may have their own versions. Call the clerk's office first and ask what they accept.

Frequently Asked Questions

Can I get a fee waiver if I'm filing a family law case?

In New York, family court cases don't require filing fees at all. In California and Texas, fee waivers are available for family law cases using the same process described above.

Does a fee waiver cover service of process?

In California, yes—it can cover sheriff's fees for service. In Texas, it depends on the court's order. In New York, the waiver can include service costs if the judge includes them in the order.

What if I lose my case—do I have to pay back the waived fees?

In New York, the judge can order that any money you recover be paid to the clerk to cover waived fees. In California and Texas, this is less common but possible. Check your order.

Can I appeal a fee waiver denial?

Yes, in all three states. But the appeal process adds time and cost. In New York, you have 120 days to pay the fee or lose the case, so don't wait for an appeal if you can afford to pay.

Do I need a lawyer to apply for a fee waiver?

No. The whole point is that these exist for people who can't afford a lawyer. The forms are designed for pro se filers.

Resources

California Fee Waiver: selfhelp.courts.ca.gov/fee-waiver — forms, income limits, instructions
Texas Statement of Inability: texascourthelp.gov — filing fees and indigency process
New York Poor Person's Relief: nycourts.gov/courthelp — motion process and affidavit guidance
CPLR § 1101 (New York statute): nysenate.gov

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General legal information, not legal advice. Rules vary by jurisdiction and can change. Verify current fees and forms with your local court before filing.