Application for waiver of court fees illinois

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Filing court papers for free How-To

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There are fees to file most court papers. There is also a fee to serve a court case. These fees vary from county to county. 

If you cannot afford the fees, you can ask to have them waived. This article explains the process for having your court fees waived.

Gather information

To fill out an Application for Waiver of Court Fees, you will need to provide information about:

• Your income in the past month and past year,
• Your property,
• Your monthly expenses, and
• The number of people living with you who depend on you for financial support.

If you get public benefits, like SSI, General Assistance, SNAP or TANF, you do not have to fill out information about your money or property.

Fill out forms

Fill out the following forms:

• Application for Waiver of Court Fees: This form has information about you and your money, property, and debts.
• Order for Waiver of Court Fees: This is the form the judge will fill out when a decision is made.

You can use our program to help you fill out the forms, or print out a copy of the application and order and fill them out by hand.

Make a copy of both the Application for Waiver of Court Fees and the Order for Waiver of Court Fees.

File your forms

Now that you have filled out your court forms, you need to file them with the circuit clerk. You must do this electronically unless you are exempt from e-filing. Learn more about e-filing.

Attend hearing if one is scheduled

Sometimes the court requires a hearing for a fee waiver. The court will let you know about this hearing by e-mail, if you agreed to receive e-mails from the court. Or they will send it via mail to your address.

At the hearing, you will need to answer questions truthfully about your application.

Wait for a decision

A judge will review your Application for Waiver of Court Fees and make a decision. This could take as much as a week or two. Ask the circuit clerk how long it usually takes.

If you added an email address to your court forms, the court may contact you at that address. Be sure to check your email every day.

Once the judge makes a decision, they will sign the Order for Waiver of Court Fees. If it is approved, this is the document that allows you to file court papers for free.

Approved for full waiver

You will get a full (100%) waiver if:

• You receive an income-based public benefit,
• Your income is 125% of the federal poverty levels or less; or
• The judge decides having to pay would be a substantial hardship for you.

If the judge approves your application, you will not have to pay for:

• Filing court papers. For example, a complaint, appearance, motions, and other papers;
• Serving your court papers on the other parties.
• Attending mandatory programs. For example, mediation, arbitration, counseling, evaluation, Focus on the Family, or similar programs;
• A translator or guardian ad litem; and
• Clerk certified court documents or transcriptions of court proceedings.

Keep with you a copy of the judge's order approving your application. You will need to show the order to the circuit clerk.

Approved for partial waiver

You will get a partial fee waiver if your income is 200% of the federal poverty levels or less:

Denied

If your application has been denied, then you should be ready to pay all court costs. You can either pay by cash or money order. The clerk in most counties will not take personal checks. Some counties will also allow you to pay your fees by a credit or debit card or online. To find out how you can pay your fees, ask the circuit clerk.

The court may allow you to make installment payments. You will need to make this request to the judge assigned to your case. You can also ask the circuit clerk if they offer deferments or payment plans.

Last reviewed

July 10, 2019

Last revised

October 06, 2020

A program to help you fill out the forms to ask the court to waive or reduce filing fees.

A program to help you ask the court to waive or reduce criminal court assessments.

A program to help you fill out the forms to ask the court to waive or reduce filing fees for an appeal.

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Worried about doing this on your own?  You may be able to get free legal help.

Note: Covid-19 is changing many areas of the law. Visit our Covid-19 articles for the latest information.

A program to help you fill out the forms to ask the court to waive or reduce filing fees.

A program to help you ask the court to waive or reduce criminal court assessments.

A program to help you fill out the forms to ask the court to waive or reduce filing fees for an appeal.