Request to Waive Court Fees in Texas

What Is a Request to Waive Court Fees?

Background

Court fees may be waived to a party who files a Statement of Inability to Afford Payment of Court Costs. (Tex. R. Civ. P. 145.) The filing party cannot be required to pay costs except by order of the court as provided by this rule. (Id.) After the Statement is filed, the clerk must provide any service that is ordinarily provided to a party. (In re Marriage of Salas, No. 12-12-00237-CV.) Additionally, the judgment of the court must not require the declarant to pay costs, unless the the declarant has obtained a monetary recovery, and the court orders the recovery to be applied toward payment of costs. (Tex. R. Civ. P. 145.; In re Villanueva, 292 S.W.3d 236)

How to Structure the Motion

The Statement of Inability to Afford Payment of Court Costs must either:

be sworn to before a notary, or;
made under penalty of perjury.

(Tex. R. Civ. P. 145.)

The clerk may refuse any defected Statement that is not sworn to before a notary or made under penalty of perjury. (Tex. R. Civ. P. 145; Teixeira v. Hall, 107 S.W.3d 805). No other defect is a ground for refusing to file a Statement or requiring the party to pay costs. (Id.) If a defect or omission in a Statement is material, the court may direct the filing party to correct or clarify the Statement. (Id.)

Substantively, the Statement of Inability to Afford Payment of Court Costs must specifically state that the filing party cannot afford to pay costs. (Tex. R. Civ. P. 145.) There must be evidence in the statement that demonstrates the filing party’s inability to pay costs. (Id.) Such evidence includes:

the declarant receives benefits from a government entitlement program;
the declarant is being represented in the case by an attorney who is providing free legal services;
the declarant is being represented in the case by a provider funded by the Texas Access to Justice Foundation;
the declarant is being represented in the case by a provider funded by the Legal Services Corporation;
the declarant is being represented in the case by a nonprofit that provides civil legal services to persons living at or below 200% of the federal poverty guidelines;
the declarant has applied for free legal services for the case and was determined to be financially eligible but was declined representation; or
the declarant does not have funds to afford payment of costs.

(Tex. R. Civ. P. 145; Jackson v. N. Forest Indep. Sch. Dist., No. 01-10-00010-CV; In re Rombough, No. 02-11-00181-CV; In the Interest of Velez-Uresti, 361 S.W.3d 200; Foster v. Comal Cty. Sheriff, No. 03-08-00539-CV)

Documents for Request to Waive Court Fees in Texas

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Original Petition Debt Claims - (OCA)

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Request to Waive Court Fees in Texas

What Is a Request to Waive Court Fees?

Background

How to Structure the Motion

Documents for Request to Waive Court Fees in Texas

Related Legal Topics for Request to Waive Court Fees in Texas

Useful Examples of General for Request to Waive Court Fees and Related Documents Filed in Court Cases/Dockets