Fee Waiver (IFP)

Overview

What is a Fee Waiver

There is usually a fee to file documents with the court. If you have a low income and cannot afford to pay the fee, you can ask the court for a waiver.

You may qualify to file for a waiver if your income is at or below 125% of the Federal poverty level; if you receive public assistance; OR if you can show that you do not have enough money to pay the filing fee. The judicial officer can waive all or part of the court fees in a case, and the waiver only applies to costs specifically stated in the fee waiver order. NOTE: Getting a fee waiver does not mean you will never have to pay any costs or a judgment in the case.

How to Request a Fee Waiver

These are the steps to ask for a fee waiver in District Court. If you are handling a case at the MN Court of Appeals, please visit the MN Court of Appeals Self-Help Center to learn about fee waivers in the Appellate Courts.

STEP 1: Get the fee waiver forms

Before you can request a fee waiver, you must first complete the documents for the legal action you want to file (and make copies of your legal documents). Then, fill out the fee waiver forms and bring them to court along with the legal documents you want to file.

You can download the Fee Waiver Court Forms from this website or get them at the courthouse.

STEP 2: Fill out the forms

Fill out the fee waiver forms and make copies of all of the legal documents you plan to file with the court.

STEP 3: Take the forms to court

Take these things to the courthouse:

Your completed "Affidavit to Request Fee Waiver";
The documents (original and copies) for your legal action that you need to file (Petition, Complaint, Motion, Answer, etc.);
Proof of your financial need, such as your paycheck, tax return, or other proof;
Proof of public assistance (if you receive it), such as an MFIP card, canceled check from a government agency or other proof.

STEP 4: Judicial officer reviews fee waiver request

Your court will tell you the procedures for having a judicial officer review your fee waiver request. Procedures may be different from one court to another.

STEP 5: Order for fee waiver granted or denied

If the judicial officer does not grant your fee waiver request, you will have to pay the court fee. If the judicial officer does grant your fee waiver request, they will sign a fee waiver order that waives all or part of the filing fee. Keep your copy of the fee waiver order in a safe place until you are ready to file your legal documents.