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Massachusetts Affidavit of Indigency and Request for Relief from Fees and Costs
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FAQ
There are 3 ways to qualify for a fee waiver: If you are receiving public benefits, like Medi-Cal, Food Stamps (CalFresh), Cal-Works, General Assistance, SSI, SSP, Tribal TANF, IHHS or CAPI;If the court finds that you do not have enough income to pay for your household's basic needs AND the court fees.
In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings.
Impoverished, or unable to afford the necessities of life. A defendant who is indigent has a constitutional right to court-appointed representation, according to a 1963 Supreme Court decision, Gideon v. Wainright.
Indigent means to be a poor or needy person. Our laws look at how much money a person has, how much debt they have and how many assets they have to determine whether or not they can afford to hire their own representation or if they need a court-appointed attorney to represent them.
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 then-current federal poverty guidelines prescribed for the size of the household of the applicant by the United States Department of Health and Human
B : to refrain from pressing or enforcing (something, such as a claim or rule) : forgo waive the fee. 2 : to put off from immediate consideration : postpone.
You must fill out a form called an Affidavit of Indigency. This form tells the court you cannot afford the fees related to your case. If the clerk or a judge approves the form, you will not have to pay. You can get an Affidavit of Indigency and the Supplement to the Affidavit of Indigency at any court house or online.
Indigent. 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case.