An affidavit of indigency in Texas is a sworn statement you file with the court to have your filing fees, service costs, and other court expenses waived because you cannot afford them. The official document is called the Statement of Inability to Afford Payment of Court Costs or an Appeal Bond, and the process is governed by Texas Rule of Civil Procedure 145. Filing fees for a new civil case in Texas run around $350 before service, copy, and court reporter fees are added on top.1Tarrant County District Clerk. Civil Cases Filing and Service Fees The waiver exists because the Texas Constitution guarantees access to the courts regardless of ability to pay.
Who Qualifies
Rule 145 sets up three situations that automatically create a presumption you cannot pay, plus a general path for anyone else with tight finances.
- You or a dependent receives means-tested government benefits such as SNAP, SSI, Medicaid, or TANF. Attaching proof of benefits to the statement counts as prima facie evidence of inability to pay.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required
- You are represented by an attorney from a qualifying legal aid provider funded by the Texas Access to Justice Foundation, the Legal Services Corporation, or a nonprofit serving people at or below 200% of the federal poverty guidelines. The representation itself is prima facie evidence.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required
- You applied to one of those legal aid providers, were found financially eligible, but were turned down (often because the provider was at capacity). That eligibility determination also counts.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required
If none of those describe you, you can still file. The court will look at your income, expenses, assets, and dependents based on what you put in the statement. There is no hard income cutoff in the rule, but judges commonly look at whether household income falls near or below 200% of the federal poverty guidelines, since that is the threshold used for the legal aid prong.3HealthCare.gov. Federal Poverty Level
What the Waiver Covers
Rule 145 defines “costs” broadly. A granted waiver covers:
- Filing fees for starting your case and filing motions.
- Service of process by a sheriff or constable, including service by posting or by publication on the state website when the other side cannot be located.
- Regular and certified copies of documents in your case.
- Court-appointed professionals such as an attorney ad litem, amicus attorney, or interpreter.
- Fees for preparing the appellate record if you appeal.
If you hire a private process server instead of using the sheriff or constable, you pay that yourself. Newspaper publication fees for service may also fall outside the waiver, though the clerk can publish notice on the state website at no cost as an alternative.4Texas Judicial Branch. Texas Rules of Civil Procedure – March 1, 2026
Completing the Statement
The Supreme Court of Texas has approved an official form.5Texas Courts. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond Download it from the Texas Courts website, or pick one up at the clerk’s office, where clerks are required to make it available for free without being asked.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required You can also use a different sworn document as long as it includes the same financial information.
The form asks for take-home pay from wages, along with income from government benefits, disability payments, Social Security, child or spousal support, and contributions from other household members.5Texas Courts. Statement of Inability to Afford Payment of Court Costs or an Appeal Bond Report the actual amount after taxes and mandatory deductions. List monthly expenses for housing, utilities, food, childcare, and other necessities. Include debts and describe your assets: bank balances, real estate value, and vehicles. Identify every person who depends on you for support.
Use specific dollar amounts, not rough estimates. The statement is signed under penalty of perjury, and filing a materially false statement is perjury under Texas Penal Code Section 37.02, a Class A misdemeanor.6State of Texas. Texas Penal Code 37.02 – Perjury That carries up to a year in jail and a fine of up to $4,000.7State of Texas. Texas Penal Code 12.21 – Class A Misdemeanor Honest mistakes are almost never prosecuted; deliberately inflating expenses or hiding assets is another matter.
Attach supporting documentation. Benefit award letters, recent pay stubs, bank statements, and a letter from a legal aid provider all strengthen your filing. The rule says you “should submit” available evidence, meaning it is not strictly required but strongly advised. A bare statement with nothing attached is more likely to draw a challenge.
Filing the Statement
E-filing through eFileTexas.gov is mandatory for attorneys and available to self-represented litigants.8eFileTexas.Gov. eFileTexas.Gov – Official E-Filing System for Texas If you are not represented by an attorney, most courts also let you file in person at the clerk’s office or by mail. In the e-filing system, select the option indicating you are requesting a fee waiver so the system does not require payment at submission.
The clerk must accept your sworn statement and immediately docket the case, issue citation, and provide every service a paying litigant would receive.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required The clerk cannot reject your statement for failing to attach evidence or for any reason other than that it is not sworn. Your case moves forward as if the fees had been paid unless someone successfully contests the statement.
Keep a file-stamped copy. If you filed electronically, save the confirmation showing the filing date. That timestamp is your proof the court received your case on a particular date, which matters for statute of limitations purposes.
If Someone Contests the Waiver
Three parties can challenge your waiver: the clerk, the court reporter, or the opposing party. The court itself can also raise the issue if evidence of your ability to pay comes to light, or if a professional such as an attorney ad litem needs to be appointed.4Texas Judicial Branch. Texas Rules of Civil Procedure – March 1, 2026
A challenge must come as a motion with sworn evidence, not bare allegations, showing either that your statement was materially false when filed or that your finances have improved.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required Suspicion alone is not enough.
If a contest is filed, the court sets an oral evidentiary hearing. You must receive at least 10 days’ notice, either in writing served under Rule 21a or announced in open court.4Texas Judicial Branch. Texas Rules of Civil Procedure – March 1, 2026 At the hearing, the burden shifts to you. Bring pay stubs, bank statements, benefit letters, and anything else documenting your finances.
If the judge finds you can pay, the order must include detailed written findings explaining why.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required The judge does not have to revoke the waiver entirely. The court can order you to pay only the portion you can afford, or set up installment payments. If installments are ordered, the court cannot delay your case while you pay.
If the Court Denies Your Waiver
A denial is not the final word. Only you (the person who filed the statement) can challenge a trial court order under this rule, and you do so by filing a motion in the court of appeals that would handle an appeal from your case. You have 10 days from the date the trial court signs the order, though the court of appeals can grant a 15-day extension if you show good cause in writing.
No filing fee applies to this motion in the court of appeals. Once you file, the appellate court notifies the trial clerk and court reporter to prepare the record of everything related to your indigency claim, and that record is provided at no charge. The court of appeals must rule on your motion as quickly as practicable.
Using the Same Statement for an Appeal
The form covers appeal bonds as well as trial-level fees. If you lose at trial and want to appeal, you would normally need to post a bond or a cash deposit to secure the costs of appeal. Filing the Statement of Inability to Afford Payment removes that requirement, and the appellate record preparation fees charged by the clerk and court reporter are waived too.2Jefferson County Texas. Texas Rules of Civil Procedure Rule 145 – Payment of Costs Not Required If your finances have not changed since your original statement, you generally do not need to file a new one, though updating your information is wise if months or years have passed.
Federal Court Is a Separate Process
Rule 145 governs Texas state courts only. If your case is in a federal court located in Texas, you use a different procedure called proceeding “in forma pauperis” under 28 U.S.C. Section 1915, which requires an affidavit stating you cannot afford fees and describing your claim.9Office of the Law Revision Counsel. 28 USC 1915 – Proceedings in Forma Pauperis The standard federal form (AO 239) asks for more detail than the Texas state form, including gross income from all sources over the past 12 months and two years of employment history.10United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) A federal judge can dismiss a case filed in forma pauperis if the poverty claim proves untrue or if the case is frivolous. One benefit of the federal process: the court must order the U.S. Marshals Service to serve your papers at no cost.11Legal Information Institute. Federal Rule of Civil Procedure 4 – Summons