How to Get Court Fees Waived in California: Who Qualifies

To get court fees waived in California, file Form FW-001 (Request to Waive Court Fees) with the clerk of the court handling your case. You qualify if you receive certain public benefits, if your gross household income is at or below 200% of the federal poverty level, or if paying court costs would leave you unable to cover basic needs like rent, food, and utilities. There is no fee to submit the waiver request, and the clerk can grant it on the spot when eligibility is clear.1California Courts. How to Get Court Fees Waived in California

Who Qualifies

You only need to meet one of three tests. Meeting any one is enough.2California Legislative Information. California Government Code 68632

You Receive Qualifying Public Benefits

If you currently receive any of the following, you qualify automatically: Medi-Cal, CalFresh (food stamps), CalWORKs, Supplemental Security Income or State Supplementary Payment (SSI/SSP), General Relief or General Assistance, Tribal TANF, In-Home Supportive Services (IHSS), the Cash Assistance Program for Immigrants (CAPI), WIC, or unemployment benefits. Check the box on Form FW-001 and name the benefit. You do not need to fill in income or expense details under this path.

Your Household Income Is at or Below 200% of Federal Poverty

Compare your gross monthly household income, before taxes, to these thresholds:

  • 1 person: $2,660
  • 2 people: $3,607
  • 3 people: $4,553
  • 4 people: $5,500
  • 5 people: $6,447
  • 6 people: $7,393

Add $947 for each additional person beyond six. These figures come from the 2026 federal poverty guidelines and appear on Form FW-001 itself.3Judicial Council of California. Request to Waive Court Fees – Form FW-001 If your income is at or below the line for your household size, you qualify. You will complete the income section on page two of the form.

Paying Court Fees Would Prevent You From Meeting Basic Needs

Even if your income sits above the 200% threshold, you can still qualify by showing that paying court costs would force you to sacrifice essentials like housing, food, utilities, medical care, or transportation. The court looks at your full financial picture, weighing income against expenses. Under this path the judge can grant a full waiver, a partial waiver, or a payment plan rather than an all-or-nothing decision.

What the Waiver Covers

A granted waiver is broader than most people expect. It automatically eliminates filing fees for your complaint, petition, answer, or other court papers; fees for making and certifying copies of court documents; sheriff’s service fees for delivering legal papers; court reporter attendance fees when no electronic recording is available; telephone appearance fees; and appeal-related costs such as the clerk’s transcript.4Judicial Branch of California. California Rules of Court Rule 3.55 – Court Fees and Costs Included in All Initial Fee Waivers On request, the court can also waive jury fees, fees for court-appointed experts, and interpreter fees for witnesses.

The savings add up. Filing an unlimited civil case (over $35,000 at stake) costs $435 on its own; limited civil filings run $225 to $370.5Judicial Branch of California. Statewide Civil Fee Schedule Effective January 1, 2026 Copies, sheriff service, and reporter time stack on top over the life of a case.

How to Fill Out the Forms

You need two forms, both free at any clerk’s office or from the California Courts website:

How much of Form FW-001 you complete depends on your eligibility path. On the benefits path, check the box and name the benefit. On the income path, complete the income section. On the hardship path, itemize every income source and every major monthly expense: rent or mortgage, utilities, food, childcare, medical, and transportation.

Gather documents before you sit down: pay stubs, benefit award letters, bank statements, recent bills. You do not have to attach them, but the form is signed under penalty of perjury and the numbers must be accurate. Intentionally misrepresenting your finances can lead the court to revoke the waiver and order repayment of everything that was waived.

Filing the Request

File FW-001 in person at the clerk’s office, by mail, or through e-filing if your court supports it. The practical move is to file the waiver at the same time as the papers that trigger the fee, whether that is a complaint, petition, or answer. The clerk must accept your papers immediately when the waiver application is submitted, before the request is decided.8California Legislative Information. California Government Code 68634 A clerk cannot refuse to file your documents because you have not paid the fee.

Make at least one copy of FW-001 before submitting. If you are filing by mail, include a self-addressed stamped envelope so the clerk can return stamped copies.

What Happens After You File

If your application shows clear eligibility, such as current Medi-Cal enrollment or income well below the threshold, the clerk can grant the waiver on the spot. Only a judge can deny or partially grant a waiver; clerks do not have that authority. When the request is granted, the court returns Form FW-003 with the appropriate boxes checked. Keep that order with your case file. It is your proof that fees are waived.

The court can also set a hearing before deciding, either because the application was incomplete, because eligibility was not clear on the face of the form, or because the court has reason to question what you reported. You will get at least 10 days’ notice of the hearing and a written explanation of why it was set.

If Your Waiver Is Denied

A denial comes with a specific reason written on Form FW-003, not a blanket rejection.9California Courts. If Your Fee Waiver Isn’t Granted From the date the clerk gives you notice of the denial, you have 10 days to do one of three things:

Miss that 10-day window and the clerk will void the papers you filed alongside the waiver.11Judicial Branch of California. California Rules of Court Rule 5.43 – Fee Waiver Denials, Voided Actions, Dismissal Your case effectively disappears, and starting over means paying the filing fee.

How Long the Waiver Lasts

An approved waiver covers your case from the moment it is granted until 60 days after the case ends, whether by judgment, dismissal, or final decision. You do not need to renew it partway through. An appeal is treated as a separate matter, with its own fee waiver forms filed in the appellate court.12Judicial Branch of California. Fee Waivers in Appeals

When You May Have to Pay Back Waived Fees

Two situations can turn a waiver into a bill.

The first is a change in your finances. If your situation improves during the case, whether from a new job, a raise, or an inheritance, you must notify the court within five days using Form FW-010. The court can then end the waiver going forward or order repayment of previously waived amounts. Failing to report improvement can result in the court adding collection fees on top of what you owe.13Judicial Council of California. Notice to Court of Improved Financial Situation or Settlement – Form FW-010

The second is a settlement of $10,000 or more in a civil case. The court automatically places a lien on the settlement equal to the total waived fees. Those fees come out of the settlement before you see any money, and the court can refuse to dismiss the case until the lien is paid.14Judicial Council of California. Information Sheet on Waiver of Superior Court Fees and Costs Settle a personal injury claim for $15,000 with $800 in waived fees, and $800 comes off the top before your attorney’s share and before your share.

Federal Court Cases Are Different

California’s FW-001 process applies to state superior courts. If your case is in a federal court sitting in California, you instead file an application to proceed in forma pauperis under federal law, with an affidavit detailing your assets, income, and inability to pay.15Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings in Forma Pauperis Federal courts use Form AO 240, which asks about employment, income sources over the past 12 months, cash and bank balances, assets, debts, monthly expenses, and dependents.16United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs There is no fixed income threshold; the judge weighs your full financial picture and has broader discretion to deny the request or dismiss the case if the poverty claim proves untrue or the case lacks merit.