A Pennsylvania in forma pauperis petition lets you start a lawsuit, respond to one, or take an appeal without paying court filing fees or posting bond, provided a judge agrees that paying would leave you or your dependents unable to cover basic living expenses. The petition is a short form paired with a sworn financial affidavit, both governed by Pennsylvania Rule of Civil Procedure 240.1Pennsylvania Code. 231 Pa. Code Rule 240 – In Forma Pauperis You file it at the same time as your complaint, answer, or notice of appeal, and the clerk accepts your paperwork without payment while a judge reviews your finances.
Who Qualifies
Rule 240 uses an “inability to pay” standard rather than a fixed income cutoff. A judge looks at whether paying court costs would deprive you or your dependents of necessities like food, shelter, and medical care, weighing your full financial picture: income, assets, debts, and household size.1Pennsylvania Code. 231 Pa. Code Rule 240 – In Forma Pauperis
The federal poverty guidelines published each year by the Department of Health and Human Services are not binding on the court, but they offer a useful benchmark. For 2026, the guidelines for the contiguous United States are:
- 1 person: $15,960
- 2 people: $21,640
- 3 people: $27,320
- 4 people: $33,000
- 5 people: $38,680
- 6 people: $44,360
- 7 people: $50,040
- 8 people: $55,720
Add $5,680 for each additional person beyond eight.2HealthCare.gov. Federal Poverty Level (FPL) Income near or below these figures gives you a strong argument. Receiving public assistance such as Supplemental Security Income (SSI) or Temporary Assistance for Needy Families (TANF) also weighs heavily in your favor, and Rule 240(d) provides a simplified pathway for certain public-assistance recipients.
Where to Get the Form
The official petition and affidavit is available as a downloadable PDF from the Pennsylvania Unified Judicial System at pacourts.us.3Unified Judicial System of Pennsylvania. Form 2 – Petition to Proceed In Forma Pauperis You can also pick up a paper copy at your county’s Prothonotary office for civil matters or the Clerk of Courts for criminal, dependency, and summary appeal matters. Some counties post their own cover sheets with local filing instructions, but the required content matches the template in Rule 240(h).4Adams County Courts. Application for In Forma Pauperis
How to Complete the Affidavit
The affidavit is a sworn statement signed under the penalties of 18 Pa.C.S. § 4904 for unsworn falsification to authorities, so every figure needs to be accurate.3Unified Judicial System of Pennsylvania. Form 2 – Petition to Proceed In Forma Pauperis Work through it section by section.
Statement of Inability to Pay
At the top, you affirm two things: that your financial condition prevents you from paying the fees and costs of the case, and that you cannot obtain the funds from family or associates. Neither is a throwaway line. If a judge suspects a relative could easily front the filing fee, expect that question at a hearing, and be ready to explain why outside help is genuinely unavailable.
Employment and Income
If you are employed, list your employer’s name and address, your monthly wages, and your type of work. If you are unemployed, give the date you last worked, your monthly pay at that job, and the type of work. The form then asks about every other income source received in the past twelve months: business or self-employment earnings, interest, dividends, pensions and annuities, Social Security, support payments, disability, unemployment compensation, workers’ compensation, public assistance, and any other income.5Unified Judicial System of Pennsylvania. Rule 240 – In Forma Pauperis – Rule Text Leave nothing out. A deposit the court finds later that you didn’t disclose can sink the petition.
Other Household Contributions
Report your spouse’s employer, monthly pay, and type of work if your spouse is employed. Also report financial contributions from your children, your parents, or anyone else who helps support the household. The court is checking whether someone else in the home could cover litigation costs even if you personally cannot.
Property and Assets
List balances in checking and savings accounts, certificates of deposit, stocks and bonds, and cash on hand. For real estate, including your home, give the value and any amount owed. For each motor vehicle, list the make, year, original cost, and remaining loan balance. Judges pay close attention to liquid assets. A large savings balance will undercut a claim that you cannot afford a filing fee.
Monthly Expenses and Dependents
Itemize regular monthly obligations: rent or mortgage, utilities, food, clothing, medical costs, car payments, and other debts. List each dependent by name, age, and relationship. This section shows the gap between what comes in and what goes out. If nothing is left after necessities, that supports the petition.
Where to File
File the petition together with the document that opens or continues your case. Where you file depends on the type of matter:4Adams County Courts. Application for In Forma Pauperis
- Civil matters in the Court of Common Pleas: the county Prothonotary’s office.
- Criminal, delinquency, dependency, or summary appeals: the Clerk of Courts.
- Orphans’ Court matters: the Clerk of the Orphans’ Court.
- Domestic relations matters: the county Domestic Relations Section.
The clerk accepts your underlying filing without immediate payment while the petition is pending. Many counties accept electronic filing, though some still require paper originals, so check with your local Prothonotary before you head to the courthouse.
What Happens After You File
The court must act on the petition promptly and enter an order within twenty days of the filing date.1Pennsylvania Code. 231 Pa. Code Rule 240 – In Forma Pauperis In straightforward cases a judge or administrative officer may approve within a few days. If the numbers look inconsistent, the court may schedule a hearing where you testify about your finances. Bring pay stubs, bank statements, and benefit award letters even though the form does not require them, because supporting documents speed the process and strengthen your credibility.
The court can also dismiss the case at this stage, before ruling on the petition, if it finds that the poverty claim is untrue or that the lawsuit or appeal is frivolous.6Legal Information Institute. Pennsylvania Code 231 Pa. Code r. 240 – In Forma Pauperis IFP status is meant to remove a financial barrier, not to allow meritless filings at no cost.
What the Waiver Covers
An approved order waives two categories of expense. First, you do not pay any cost or fee imposed by statute or court rule that would normally go to the court, Prothonotary, or another public officer, which covers filing fees, sheriff service-of-process fees, and similar charges. Second, you do not need to post a bond or other security as a condition of starting a case or taking an appeal.6Legal Information Institute. Pennsylvania Code 231 Pa. Code r. 240 – In Forma Pauperis
To give a sense of scale, filing a civil complaint in Philadelphia costs $349.23 for a non-jury case and $597.17 with a jury demand.7The Philadelphia Courts. Office of Judicial Records Fee Schedule Smaller counties charge less, such as Franklin County’s $116 for a civil complaint.8Franklin County. Prothonotary’s Fee Schedule The order eliminates these charges.
The waiver has limits. Expenses payable to private parties, such as a private process server you hire instead of the sheriff, expert witness fees, or privately obtained copies, remain your responsibility unless a specific statute or court order provides otherwise.
If the Petition Is Denied
A denial order must briefly state the court’s reasons.1Pennsylvania Code. 231 Pa. Code Rule 240 – In Forma Pauperis You then owe the filing fee. If you do not pay within ten days after notice of the denial, the Prothonotary enters a judgment of non pros against a plaintiff or strikes an appeal, effectively ending the case. The court can reinstate the matter only on a showing of good cause for the nonpayment.
Treat a denial as urgent. If you believe the court misread your finances, perhaps by overlooking a major expense or misunderstanding an asset, file a motion for reconsideration explaining the error, ideally before the ten days run out. You can also appeal the denial, though you may face a separate filing fee in the higher court unless you also seek IFP status there.
Your Ongoing Duty After Approval
IFP status is not permanent. Rule 240 imposes a continuing obligation: if your financial circumstances improve enough that you could pay the deferred costs, you must tell the court.1Pennsylvania Code. 231 Pa. Code Rule 240 – In Forma Pauperis A new job, an inheritance, or a legal settlement can trigger this duty. If the court learns of the change from someone else, such as the opposing party, it can reassess the waiver and require you to pay the costs that were originally deferred. Concealing a financial change risks sanctions and a loss of credibility with the judge handling your matter.
Federal Cases Are Different
Rule 240 governs Pennsylvania state courts only. If your case is in a federal district court, IFP is governed by 28 U.S.C. § 1915, and you use federal forms AO 239 (long) or AO 240 (short) rather than the state affidavit.9Office of the Law Revision Counsel. 28 U.S.C. 1915 – Proceedings in Forma Pauperis10United States Courts. Fee Waiver Application Forms Incarcerated filers face additional requirements under the Prison Litigation Reform Act, including partial-fee installments and the three-strikes bar on repeat frivolous filings.