If you cannot pay court fees: the indigency waiver

Litigating in a state of indigency is the route by which a person without financial resources can use the courts. Generally, filing or answering a civil action requires paying court fees, but the law grants courts discretion to waive that payment for those who request it because they lack the necessary resources. These petitions are generally called in forma pauperis, from the Latin, meaning “in the character of a pauper” or “for reasons of poverty”. It is not financial aid or a loan: it is a waiver of the stamp payment for that filing.

It can be requested by people who wish to litigate but who for economic reasons lack the resources to cover the ordinary costs of starting a civil action, or of presenting their defense when sued. It serves both positions: it is not only for the person suing. The Judiciary’s page publishes no income threshold, asset limit or concrete standard, and this guide invents none: the grant is at the judge’s discretion, and they can require any other information they deem necessary to decide whether to authorize the request. If your finances are tight, the way to find out is to ask, because asking costs nothing.

• Going to the court Clerk’s Office to make a sworn statement setting out that you lack the financial means to pay the court fees required of you to litigate.Verified against the official source
• Having the sworn statement taken by the court clerk, who has authority to do so free of charge.Verified against the official source
• Providing any other information the judge deems necessary to decide whether to authorize the request.Verified against the official source

• The Request and Declaration for Waiver of Fees by Reason of Indigency form (OAT 1480), available at court clerk’s offices and Pro Se Centers. It is not mandatory, but it makes filing and evaluation easier.

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   Step 1: Know that asking costs nothing

   This is what stops many people: the idea that you must pay something to ask not to be charged. You do not. The court clerk has authority to take the sworn statement free of charge. If your filing’s fee is the only thing stopping you, this is the door.

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   Step 2: Ask for form OAT 1480

   The Request and Declaration for Waiver of Fees by Reason of Indigency is at court clerk’s offices and Pro Se Centers. Using it is not mandatory — the sworn statement is what the law requires — but the Judiciary publishes it precisely to make filing and the court’s evaluation easier.

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   Step 3: Swear the statement at the Clerk’s Office

   In the statement you set out that you lack the financial means to pay the court fees required of you to litigate before the court. The clerk takes it without charging you, and once sworn must refer the matter to a judge’s attention.

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   Step 4: The judge decides, and may ask for more

   The judge can require any other information they deem necessary to decide whether to authorize the request and, exercising their discretion, may hold a hearing to consider it. Go prepared to explain your financial situation.

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   Step 5: If granted, you litigate just as if you had paid

   Once the petition is authorized, the clerk proceeds per the order and you can litigate as if you had paid the court fees. If it is denied, you will have to pay the fees corresponding to the filing you are pursuing.

At the Clerk’s Office of the Court of First Instance where you will file or answer your case. Form OAT 1480 is also at the Pro Se Centers, which guide those representing themselves.

• Not asking because you believe requesting the waiver costs money: the clerk takes the sworn statement free.
• Ruling yourself out on an assumption, when the page publishes no threshold and the decision is the judge’s.
• Thinking it only helps the person suing: it also covers someone sued who must present a defense.
• Expecting it to cover a lawyer’s fees: it is a fee waiver, not legal representation.
• Going without being able to explain your finances, when the judge can ask for more information or set a hearing.

These are the government pages this guide is based on.

• Poder Judicial de Puerto Rico

  Poder Judicial

  poderjudicial.pr

• Request and Declaration for Waiver of Fees by Reason of Indigency — OAT 1480

  Poder Judicial

  poderjudicial.pr

• Judiciary fee schedule

  Poder Judicial

  poderjudicial.pr