California Form FW-001, the Request to Waive Court Fees, is how you ask a Superior Court to excuse filing fees and other court costs you cannot afford. You qualify through one of three paths: you receive certain public benefits, your gross monthly household income is at or below 125% of the federal poverty guidelines, or paying the fees would leave you short on basic living expenses. The form is two pages, you file it with the court clerk (usually alongside your first paper in the case), and the court responds with an order granting, partially granting, or denying the waiver. You can download FW-001 from the California Courts self-help website or pick up a copy at any Superior Court clerk’s office.
Who Qualifies
You only need to meet one of the three categories.
Public Benefits
Current recipients of any of these programs qualify automatically: SSI/SSP, CalWORKs or Tribal TANF, SNAP/CalFresh, County Relief, General Relief, or General Assistance, CAPI, IHSS, Medi-Cal, WIC, and unemployment compensation. The court treats enrollment as proof that you lack the resources to pay court costs, and no additional financial disclosure is required beyond identifying which program you receive.1California Legislative Information. California Government Code 68632
Income At or Below 125% of the Federal Poverty Line
You qualify if your gross monthly household income, before taxes or deductions, is at or below 125% of the current federal poverty guidelines. For 2026, the monthly thresholds are $1,662.50 for one person, $2,254.17 for two, $2,845.83 for three, and $3,437.50 for four, with roughly $596 added per month for each additional household member.2HHS ASPE. 2026 Poverty Guidelines – 48 Contiguous States Choosing this path means completing the income, household, and expense sections on page two.
Financial Hardship
If your income is over the threshold and you don’t receive public benefits, you can still ask for a waiver by showing that paying fees would force you to give up basic necessities like housing, food, or medical care. The judge reviews your income, monthly bills, and what you own. The result may be a full waiver, a partial waiver, or an order letting you pay in installments.1California Legislative Information. California Government Code 68632
Filling Out Form FW-001
The form is two pages. Page one collects your identifying information and eligibility category. Page two collects financial details if you’re qualifying under income or hardship.
Page One
Item 1 takes your full legal name, mailing address, and phone number. If an attorney represents you, Item 3 takes their name, firm, address, phone, and State Bar number. In Item 2, enter the case name and case number. If you’re filing the waiver with your initial complaint or petition, the clerk will assign a case number when you file.
Item 5 is where you choose the eligibility category. Check 5a if you receive a qualifying public benefit, and mark the specific program sub-box. Check 5b for income at or below 125% of the poverty line. Check 5c for financial hardship. Checking 5b or 5c requires you to complete the financial sections on page two.3Judicial Council of California. Request to Waive Court Fees
Page Two
Item 7 asks how many people live in your household, including you, your spouse or domestic partner, and anyone who depends on your income.
Item 8 asks for your gross monthly income, meaning the total before taxes, retirement contributions, or other deductions. List every source: wages, spousal or child support, Social Security, disability, unemployment, veterans payments, rental income, dividends, and any other recurring money. Item 9 asks for income from other household members, listed separately.
Item 10 covers money and property: checking and savings balances, vehicle values, real estate, and other assets. The court uses this to gauge whether you can absorb court costs, not to penalize ordinary ownership like a car you drive to work.
Item 11 asks for monthly expenses, including rent or mortgage, food, utilities, clothing, medical costs, transportation, insurance, and any child or spousal support you pay. If you’re claiming hardship, the gap between your income and expenses is the heart of your argument.3Judicial Council of California. Request to Waive Court Fees
Mistakes That Get Applications Denied
The court can deny an incomplete application outright. Don’t leave income or expense lines blank; write “$0” if a category doesn’t apply. Use gross figures, not net take-home pay, since applicants frequently underreport by listing paycheck amounts. Round to the nearest dollar and make sure your totals match the sum of the individual entries. If you qualify through a public benefits program, checking 5a and the correct program sub-box is all the financial information you need, and you can skip the income and expense sections unless the form directs otherwise.
You do not need to attach proof of benefits or pay stubs with the initial application. The court may later ask you to appear and provide documentation, but the form itself does not require attachments.4Judicial Council of California. FW-001-INFO Information Sheet on Waiver of Superior Court Fees
Where and When to File
Submit the completed FW-001 to the clerk’s office at the Superior Court where your case is or will be filed. You have three options. Filing in person at the clerk’s window gets you a file-stamped copy on the spot. Filing by mail means sending the original along with any other pleading you’re filing; include a self-addressed stamped envelope if you want a conformed copy back. Many California courts also accept electronic filing through approved e-filing service providers, so check your local court’s website to confirm availability.
File the waiver at the same time as your initial complaint, answer, or other first paper in the case. If you need a waiver later, such as to cover jury fees or appeal costs, you can file a new FW-001 at that point.5California Courts | Self Help Guide. Request to Waive Court Fees
What Happens After You File
A judicial officer reviews your application and returns Form FW-003, the Order on Court Fee Waiver, telling you the outcome. The possibilities:
- Granted in full: you owe nothing for the listed court costs and can proceed.
- Granted in part: the court finds you can afford some fees and orders a reduced amount or payments over time.
- Denied for incompleteness: blank fields or contradictions trigger a denial, but you can submit a corrected version.
- Denied on the merits: the court finds you don’t meet any of the three categories and states a specific reason.
- Set for hearing: if the court has questions about your finances, it schedules a hearing where you can present additional evidence.
If the application is denied, you have 10 days from the date the clerk mails notice to either pay the fees, submit a new application, or request a hearing to contest the denial using Form FW-006. Miss that window and the clerk will void the papers you filed alongside the waiver request.6California Legislative Information. California Government Code 68634
What the Waiver Covers
A granted waiver covers most costs you’d encounter during a civil case: clerk’s fees for filing papers, making and certifying copies, sheriff’s fees for serving papers, court reporter fees for hearings or trial when no electronic recording is available and you request a reporter, court-appointed interpreter fees for witnesses, court-appointed expert fees, jury fees and expenses, and fees for preparing and sending the clerk’s transcript on appeal.
The waiver does not cover costs outside the court system, like hiring your own attorney, paying a private process server, or retaining private expert witnesses. It covers court-ordered and court-connected costs, not personal litigation expenses you choose to take on.7Judicial Council of California. FW-003 Order on Court Fee Waiver
How Long the Waiver Lasts
A granted waiver covers your case from the date of the order through 60 days after judgment, dismissal, or other final resolution. The court can end it early if it finds you were never eligible or your circumstances have changed.
You must notify the court within five days if your financial situation improves during the case, such as a higher-paying job or a settlement in another matter. Use Form FW-010 to report the change. Failing to report can result in an order to repay the waived amounts.4Judicial Council of California. FW-001-INFO Information Sheet on Waiver of Superior Court Fees
One detail worth knowing before you file: if you settle a civil case for $10,000 or more, the court places a lien on the settlement equal to the waived fees, and the case cannot be dismissed until that lien is satisfied. The court gets paid back out of a successful outcome rather than blocking you from filing.7Judicial Council of California. FW-003 Order on Court Fee Waiver
Confidentiality of Your Financial Information
Under California Rule of Court 3.54, your FW-001 and the financial details on it are confidential. Only the court, authorized court staff, people you give permission, and anyone a judge specifically authorizes by court order can see the application. If the opposing party wants access, they must file a motion showing good cause, and the court can restrict how the information is used.8Judicial Branch of California. California Rules of Court – Rule 3.54 Confidentiality