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In Forma Pauperis--When You Can't Afford
Court Costs Tips on Searching
by: Southeast Louisiana Legal Services

Q. What if I can't afford to pay court costs?

A. You usually have to pay a fee to the clerk of court to file a civil lawsuit. You often
have to pay a fee to file other important papers with the court.
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There are exceptions. Here are two: it is free to file for a protective order
against domestic violence and it is free to file a petition for judicial review if you Find Legal Help On Evictions
are denied unemployment compensation benefits.

Related Resources
If a court clerk tries to charge you a fee for one of these lawsuits, ask to speak
with a supervisor. There is more information below.
Housing Justice Network (Separate
Website)
For most other lawsuits, you must pay a filing fee unless you can show the court
that you are too poor to pay the fee. This is called filing "in forma pauperis."
Practical Advice on Housing Law
(Separate Website)
Some of the major laws about in forma pauperis are in the Louisiana Code of Civil
By: American Bar Association
Procedure, at articles 5181 - 5188.

Flood and Fire Victims' Rights as

Depending on your situation, the court may let you file in forma pauperis instead
Tenants
of paying your court fees in advance.
By: Southeast Louisiana Legal Services (New
Orleans office)
Keep reading for more information, plus a link to the in forma pauperis
application form posted on the website for the Louisiana Supreme Court. more...

Q. How can I tell if I might qualify for in forma pauperis?

A. Louisiana law has some general guidelines about who should qualify for in forma
pauperis. The cout has to look into your situation and decide if you qualify, and
the law says that your opponent or the clerk of court can challenge your request
to file or proceed in forma pauperis.

The law about who qualifies for in forma pauperis is in the Louisiana Code of Civil
Procedure at article 5183 (B). That law says you get a "rebuttable presumption"
that you qualify if you give the court "supporting documentation" to show the
court one or both of these two things:

z that you receive "public assistance benefits;"

z your income is less than or equal to 125% of the "federal poverty level."

If you have papers to show you get public

assistance (SSI, welfare, food stamps, etc.) or
to show your income is less than 125% of the
federal poverty level, it is important to attach
copies of those papers to the in forma pauperis
application.
For 2011 the yearly figures that amount to 125% of the federal poverty level are
roughly:

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2011 Poverty Guidelines

LEGAL SERVICES CORPORATION 2011 INCOME GUIDELINES *

* The figures in this table represent 125% of the poverty guidelines by household size as determined by the
Department of Health and Human Services.

Size of household 48 Contiguous States and the District of

Columbia

1 ...................................................................................................................................... $13,613

2 ...................................................................................................................................... 18,388

3 ...................................................................................................................................... 23,163

4 ...................................................................................................................................... 27,938

5 ...................................................................................................................................... 32,713

6 ...................................................................................................................................... 37,488

7 ...................................................................................................................................... 42,263

8 ...................................................................................................................................... 47,038

For each additional member of the household in excess of 8, add: .............................. 4,775

Mar<:33 Jan 28, 2011 Jkt 223001 PO 00000 Frm 00023 Fmt 4700 Sfmt 4700
E:\FR\FM\31JAR1.SGM1 oDSK8KYBLC1PROD with RULES

Source: Federal Register: January 31, 2011 (Volume 76, Number 20.

Financial help from friends or relatives who have no duty to support you does not
count toward your income. Hollier v. Broussard, 220 So. 2d 175, 177 (La. App. 3d
Cir. 1969); State in Interest of Garrison, 242 So.2d 110, 111 (La. App. 4th Cir.
1970).

Links: 2011 Federal Register Notice -- Poverty Guidelines

Q. How do I ask the court for in forma pauperis status?

A.
You must apply to the court to ask for a court order letting you go ahead and file
your case in forma pauperis.

You also have to apply for in forma pauperis to get an order to let you file other
court papers without paying fees in advance. For example, you need to pay or get
an in forma pauperis order if the clerk charges fees to file an answer a lawsuit or
to file papers about some other legal proceeding or court action.

For the clerk to file your papers with the court, you have to have either the
signed court order letting you file in forma pauperis or the money to pay the filing
fees. Make sure you have the in forma pauperis order or you have paid the
fees before any deadline.

When you ask the court for an in forma pauperis order, you must submit the
form, which has two affidavits. One part of the form is your affidavit where you
swear that you can't afford to pay court costs in advance. Another part of the
form is an affidavit from your witness, often a relative or friend, who is over 18
and who knows enough about your money situation to swear that he or she
believes that you cannot pay court costs in advance.

Generally, you should use the in forma pauperis affidavit form posted on the
website of the Louisiana Supreme Court for all state district courts. Click here to
get a copy of the form posted on the website of the Louisiana Supreme Court.
You can also look at Appendix 8 to the Louisiana District Court Rules on
www.lasc.org.

You can also get an in forma pauperis application form at one of your local
courts. Some clerk's offices have their own in forma pauperis forms they prefer
to use.

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If you are on public assistance or have income less than 125% of the federal
poverty level, attach papers to your in forma pauperis application that explain
this to the court. These extra papers could be things like your public assistance
award letter or a pay stub. You should black out your Social Security Number
on wage stubs or public assistance papers or other documents that you attach to
your in forma pauperis application.

The added papers you attach to your in forma pauperis application help show the
court that there is a legal presumption that you qualify for in forma pauperis.

If you are involved in a case that is already going on, you can apply at any later
stage of the case if you then become unable to pay the court costs. Bates v.
Dept. of Culture, 694 So. 2d 294 (La. App. 1st Cir. 1996). You should apply
before the costs are due from you.

Q. Can I qualify for in forma pauperis if my income is above 125% of the

federal poverty level?

A. Even if your income is more than 125% of poverty, you may qualify for in forma
pauperis.

The court that gets your in forma pauperis application is supposed to look at
whether you really can pay court fees and costs in advance.

The Louisiana Supreme Court said this when finding that a person did not have to
get rid of a modest home and its furniture to come up with the money for court
costs: "the courts have taken a realistic view as to the litigant's actual ability to
advance or secure court costs out of net income available for that purpose, after
payment of reasonable living expenses and debts, and in view of unencumbered
[no mortgages or liens] property other than a modest family residence."
Benjamin v. National Super Markets, Inc., 351 So. 2d 138, 140 (La. 1977).

Q. Who decides my application for in forma pauperis?

A. Generally, the court will review your in forma pauperis application and enter an
order either granting or denying it.

Q. What if the court says no and denies my in forma pauperis application?

A. You may apply to the correct appellate court for "supervisory writs" to try to get
that higher court to overturn the trial court's denial of your in forma pauperis
application.

The appellate court must consider your supervisory writ application on an in

forma pauperis denial without asking you to pay a filing fee. Riebow v. Riebow,
705 So.2d 1086 (La. 1998).

A writ application should be filed quickly. In cases involving district or city courts,
a supervisory writ application must be filed by the earlier of the deadline set by
the trial court or 30 days after the date of the court's ruling. Be sure to file within
30 days of the court's first ruling to be on the safe side.

Q. What costs are covered if the court says yes to my in forma pauperis
application?

A.
Virtually all costs. For example, the fees of the clerk, sheriff, court reporter,
witness fees, jury costs and costs of a devolutive appeal and supervisory writs are
covered by law. See Louisiana Code of Civil Procedure, Article 5185(A).

In a Louisiana state court lawsuit, in forma pauperis status will not entitle you to
a suspensive appeal without a bond or an interlocutory injunction which requires
a bond.

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For example, if you lose in an eviction case in state court, you will still need to
post a bond for a "suspensive" appeal, which "suspends" the judgment. For
example, a suspensive appeal prevents your landlord from using the eviction
judgment to throw you out while the higher court is reviewing the case.

In a federal court case, these bonds may be waived for in forma pauperis
litigants.

Q. May the court order me to make monthly payments for court costs?

A. If you have qualified as in forma pauperis, the Court may not order you to make
monthly payments toward the court costs. Brownell v. Brownell, 799 So.2d 587
(La. App. 3rd Cir. 2001)

Q. Can the court deny a judgment until the costs have been paid?

A. No, if you are in forma pauperis, the court may not deny your judgment for
failure to pay costs. Savoy v. Doe, 315 So.2d 875 (La. App. 3d Cir. 1975). Nor
may the court or clerk's office deny you a certified copy of the judgment. Carline
v. Carline, 644 So.2d 835 (La. App. 1st Cir. 1994).

Q. Can the court make me pay the court costs if I win?

A. No. If an in forma pauperis party wins, the law says that the party on the other
side has to pay the court costs. Louisiana Code of Civil Procedure Article 5186;
Styles v. Styles, 729 So.2d 177 (La. App. 4th Cir. 1999).

Q. Will I have to pay court costs later if I am in forma pauperis?

A. If you lose the case, you may get charged with court costs.

The court has room to waive the costs under Louisiana Code of Civil Procedure
articles 1920 and 5188 in some cases, where the court decides this is the
"equitable" thing to do.

A settlement or dismissal of a case prior to judgment cannot be "effected," or

officially completed, until all costs have been paid. This law is Louisiana Code of
Civil Procedure, article 5187.

The rule is different in some domestic violence or unemployment compensation

cases.

z A person asking for court protection from domestic abuse, stalking, or

sexual assualt can't be asked to prepay costs or be charged court costs for
a temporary restraining order (TRO), preliminary injunction, permanent
injunction, or protective order. This law is Louisiana Code of Civil
Procedure, article 3603.1.
z A person who is claiming unemployment compensation benefits cannot be
charged any court costs to get judicial review of his or her case, unless the
court decides that the court case was frivolous; this law is Louisiana
Revised Statutes, section 23:1692.

Jimenez v. Jimenez, No. 05-645 (La. App. 5 Cir. 1/31/06), 922 So.2d. 672;
Landry v. Shell Oil Co., 597 So.2d 521 (La. App. 1 Cir. 1992).

Q. Where can I get more information about Louisiana in forma pauperis?

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A. You can read this article, which may be at a law library: C. Delbaum, In Forma
Pauperis in Louisiana: The Nuts and Bolts, 45 Louisiana Bar Journal 528 (April
1998).

Last Reviewed On: 10/20/10

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Legal advice depends on the specific facts of each situation. Some information in this web site may not be correct for where
you are. The information in this web site is not guaranteed to be up-to-date. The information in this web site cannot replace
the advice of competent legal counsel licensed in your state.

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privilege. Moreover, unless it is encrypted, e-mail can be intercepted by persons other than the recipient. Deadlines are
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