How to Apply for a Court Fee Waiver in Tennessee

To apply for a court fee waiver in Tennessee, you file a pauper’s oath together with the Uniform Civil Affidavit of Indigency under Tennessee Supreme Court Rule 29, disclosing your finances under oath so a judge can decide whether you qualify to proceed without paying up front. One detail worth knowing before you start: an approved waiver suspends collection of the fees rather than wiping them out, so the court can still tax those costs against you later depending on how the case ends.1Justia Law. Tennessee Code 20-12-127 – Pauper’s Oath

Who Qualifies

You must be a Tennessee resident and a party to a civil case, and you must be unable to bear the expense of filing it.1Justia Law. Tennessee Code 20-12-127 – Pauper’s Oath Your case also needs merit. The oath itself requires you to swear that you are “justly entitled to the relief sought,” and if the court decides at any point before trial that your claim is frivolous or malicious, it can dismiss the case entirely.2Justia Law. Tennessee Code 20-12-132 – Dismissal of Pauper’s Action

Two boundaries to keep in mind. Rule 29 covers civil cases; criminal defendants are handled through a separate system for court-appointed counsel and cost recovery. And incarcerated people filing civil claims fall under Tenn. Code Ann. §§ 41-21-801 through 41-21-818, which Rule 29 explicitly does not modify.3Tennessee Administrative Office of the Courts. Tennessee Supreme Court Rule 29 – Uniform Civil Affidavit of Indigency

The Income Standard

Tennessee presumes you are indigent if your income falls within the Legal Services Corporation’s poverty guidelines, which set eligibility at 125% of the federal poverty level.4eCFR. 45 CFR Part 1611 – Financial Eligibility That figure isn’t a hard ceiling. Judges can find you indigent above the guidelines, and Tennessee law encourages them to use that discretion when paying fees would cause substantial hardship.5Justia Law. Tennessee Code 8-21-401 – Schedule of Fees

So you don’t have to be destitute. Someone earning slightly above the poverty line with heavy medical bills, child support, or other unavoidable expenses may still qualify. What matters is your full financial picture, not just gross income.

What the Affidavit Asks For

The Uniform Civil Affidavit of Indigency is signed under penalty of perjury and covers four areas of your finances:3Tennessee Administrative Office of the Courts. Tennessee Supreme Court Rule 29 – Uniform Civil Affidavit of Indigency

  • Income: take-home pay after federal income and Social Security taxes, along with other money you receive such as TANF, SSI, retirement, disability, unemployment, and workers’ compensation benefits.
  • Expenses: monthly costs for housing, groceries, utilities, transportation, medical and dental care, child care, court-ordered child support, clothing, school supplies, and anything else you regularly pay.
  • Assets: vehicles, real estate, bank accounts, and other property of value.
  • Debts: who you owe and how much.

Owning a car you drive to work or a modest home won’t automatically disqualify you. Significant savings or investment accounts likely will. The court is trying to figure out whether paying court fees would force you to choose between the legal system and basic necessities.

Be accurate. A false statement on this form is perjury under Tennessee law.6Justia Law. Tennessee Code 39-16-702 – Perjury The court can also ask for pay stubs, bank statements, or tax returns to verify what you wrote, and inadequate documentation can lead to denial.

How to File

Two documents are technically required: the oath of poverty under Tenn. Code Ann. § 20-12-127 and the Uniform Civil Affidavit of Indigency under Supreme Court Rule 29. Tennessee courts usually combine them into a single form, sometimes titled “Request to Postpone Filing Fees,” which contains both the oath and the financial affidavit.7Tennessee State Courts. Form 3 – Request to Postpone Filing Fees and Order You can pick up the form at the court clerk’s office or download it from the Tennessee courts website.

Submit the affidavit along with your initial complaint or petition when you open a new case. A clerk cannot refuse your filing just because you can’t pay; Tennessee law prohibits collecting fees without first giving you the chance to file a pauper’s oath.5Justia Law. Tennessee Code 8-21-401 – Schedule of Fees If new fees arise later in the case, you may need to file an updated affidavit.

Filing fees are not trivial. In Nashville’s circuit court, standard civil filings involving contracts, personal injury, or property damage cost $334.50 as of January 2026, and appeals from general sessions court cost $259.50.8Davidson County Circuit Court Clerk. Circuit Court Filing Fees Effective January 1, 2026 Amounts vary across counties, but that gives you a sense of the range.

What an Approved Waiver Actually Covers

When the court grants your oath, it suspends the litigation taxes and clerk’s fees that would normally be due at filing. Clerks and other court officers still have to perform all the usual duties to move your case forward.9Justia Law. Tennessee Code 20-12-131 – Duties of Officers

Suspension is not erasure. Collection is deferred until the court taxes costs at a later point.1Justia Law. Tennessee Code 20-12-127 – Pauper’s Oath If you win, the other side may be ordered to pay. If you lose, the court can still tax costs against you.

Some expenses typically fall outside the waiver. Officer’s fees for service of process are governed by a separate statute and are not part of the clerk’s fee schedule.5Justia Law. Tennessee Code 8-21-401 – Schedule of Fees Expert witness fees, deposition costs, and copying charges are also generally your responsibility. Legal aid organizations sometimes help cover these out-of-pocket costs for people who qualify.

How the Judge Decides

After you file, a judge reviews the affidavit and compares your finances against the LSC poverty guidelines, weighing whether paying fees would create genuine hardship. Receiving need-based benefits like SSI or TANF is a strong indicator, since those programs already reflect financial need.3Tennessee Administrative Office of the Courts. Tennessee Supreme Court Rule 29 – Uniform Civil Affidavit of Indigency

Most decisions happen on paper without a hearing. The judge reviews the numbers and either grants or denies the request. An approval covers the fees specified in the order and does not automatically extend to every future cost that pops up in the case.

The court can also revisit its decision. If it appears at any time before trial that your claim of poverty was probably untrue, the court can dismiss the case.2Justia Law. Tennessee Code 20-12-132 – Dismissal of Pauper’s Action The burden sits with the person taking the oath, so if the other side challenges your finances, be ready to document them.

If Your Request Is Denied

A denial is not the end. Supreme Court Rule 29 gives you the right to a hearing before the judge who denied your affidavit, and in cases that can be appealed to circuit court, you can request a hearing before the circuit court judge instead.3Tennessee Administrative Office of the Courts. Tennessee Supreme Court Rule 29 – Uniform Civil Affidavit of Indigency The hearing right is built into the rule, so no separate motion is required.

Read the denial order closely. If the judge flagged missing information or questioned specific numbers, pull together documents that fill those gaps. Updated bank statements, a recent layoff notice, medical bills, or proof that your situation has worsened since filing all help at the hearing. Move quickly, because delays hold up the underlying case.

If any part of this is more than you can manage alone, Tennessee’s regional legal aid organizations provide free help to people who cannot afford a lawyer. They do not charge for representation, though they note that certain out-of-pocket costs like copies and court reporter fees may still fall to you.