Florida Affidavit For Waiver of Court Costs on Grounds of Indigency

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Multi-State
Control #:
US-02710BG
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Word; 
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Description

Court costs include filing fees, charges for serving summons and subpoenas, court reporter charges for depositions, court transcripts and copying papers and exhibits. Court costs are often awarded to the successful party in a lawsuit. Attorneys' fees can be included as court costs only if there is a statute providing for attorneys' fee awards in a particular type of case, or if the case involved a contract which had an attorneys' fee clause. Some statutes provide that costs may be waived upon the petition of an indigent person in certain cases where otherwise a person would be deprived of their due process rights of access to the judicial system.


Although laws vary by jurisdiction, a judge usually has discretion to order the a party to pay the opposing party their court costs when the party so ordered puts forth an action, claim, defense or appeal that is frivolous, groundless in fact or in law, or vexatious, or put forth for any improper purpose, including, to cause unnecessary delay or needless increase in the cost of litigation.


In this case, the term Indigency refers to a party to a law suit who cannot afford to pay court costs.


This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

In a civil proceeding, if a person is determined to be indigent, the filing and the summons issuance fees are waived, though other costs are not. If there are other costs, the person can enroll in a payment plan and pay a one-time administrative processing fee of $25 and pay up to 2% of his or her annual net income.

What if I cannot afford to pay the court fees and costs? You can ask the court if you can file your case without paying court fees by filling out an Application For Determination Of Civil Indigent Status. You will still need to pay a $25 administrative fee and you may be enrolled in a payment plan with the Clerk.

A person is referred to as indigent when they are impoverished, or unable to afford the basic necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, ing to a 1963 Supreme Court decision, Gideon v.

Petitions usually cost between $300 and $500 each. In addition, one parent will have to prove that they've been a Florida resident for at least six months by providing a copy of their driver's license, state ID or voter registration card. The clerk will return copies of paperwork to you for the next step.

You can submit your application to waive court fees at the very beginning of your case, when you file your paperwork. The application needs to be filed with the Clerk of the Court.

An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.

The court will normally grant a fee waiver request if the filing spouse is eligible for some sort of government assistance, food stamps, AFDC, or TANF, or if the total household income is 125% or less than the current poverty level.

An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.

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Florida Affidavit For Waiver of Court Costs on Grounds of Indigency