Affidavit Of Indigency Template for the United States

An Affidavit of Indigency is a sworn legal document that allows you to request fee waivers from United States courts when you cannot afford standard court costs. This affidavit demonstrates your financial inability to pay filing fees, service costs, and other court-related expenses, enabling you to pursue legal proceedings regardless of your economic circumstances.

When do you need this document?

You need an Affidavit of Indigency when filing lawsuits, appeals, or other court proceedings but cannot afford the required fees. This commonly occurs in civil rights cases, family law matters, housing disputes, or appeals from criminal convictions. The document is essential for divorce proceedings when you cannot pay filing fees, bankruptcy cases requiring additional court services, or when appealing government benefit denials. Students facing disciplinary actions, tenants fighting evictions, and individuals seeking restraining orders also frequently use this affidavit to access court services without upfront payment.

Key legal considerations

Your affidavit must contain accurate and complete financial information, as false statements constitute perjury and can result in criminal charges. Courts require detailed disclosure of all income sources, including employment, government benefits, gifts, and support payments. You must list all assets, including bank accounts, real estate, vehicles, and personal property, along with their current values. Monthly expenses must be itemized to demonstrate that court fees would create substantial financial hardship. The affidavit requires notarization and must be signed under penalty of perjury. Courts may request additional financial documentation to verify your statements and can revoke in forma pauperis status if your financial situation improves during proceedings.

Legal requirements in United States

Federal courts follow 28 U.S.C. § 1915, which establishes standards for in forma pauperis proceedings and requires detailed financial disclosure. Your income must generally fall below federal poverty guidelines, though courts consider individual circumstances and extraordinary expenses. State courts apply their own indigency standards, which may differ from federal requirements and often reference state-specific poverty thresholds. The Fourteenth Amendment guarantees equal access to courts, supporting your right to seek fee waivers when financially unable to pay. Your affidavit must comply with state notarization requirements and include specific verification language required by your jurisdiction. Some courts require annual income statements or periodic updates if your case extends beyond one year.