Free 02 FW-001 INFO v.10 03.13.09 CL - California

FW-001-INFO

INFORMATION SHEET ON WAIVER OF SUPERIOR COURT FEES AND COSTS
If you have been sued or if you wish to sue someone, or if you are filing or have received a family law petition, and if you cannot afford to pay court fees and costs, you may not have to pay them in order to go to court. If you are getting public benefits, are a low-income person, or do not have enough income to pay for your household's basic needs and your court fees, you may ask the court to waive all or part of your court fees. 1. To make a request to the court to waive your fees in superior court, complete the Request to Waive Court Fees (form FW-001). If you qualify, the court will waive all or part of its fees for the following: · Filing papers in superior court (other than for an appeal in a case with a value of over $25,000) · Giving notice and certificates · Making and certifying copies · Sending papers to another court department · Sheriff's fee to give notice · Having a court-appointed interpreter in small claims court · Court fees for telephone hearings · Reporter's daily fee (for up to 60 days after the grant of the fee waiver, at the court-approved daily rate) · Preparing, certifying, copying, and sending the clerk's transcript on appeal. 2. You may ask the court to waive other court fees during your case in superior court as well. To do that, complete a Request to Waive Additional Court Fees (Superior Court) (form FW-002). The court will consider waiving fees for items such as the following, or other court services you need for your case: · Fees for a peace officer to testify in court · Jury fees and expenses · Court-appointed interpreter fees for a witness · Fees for court-appointed experts · Other necessary court fees · Reporter's daily fees (beyond the 60-day period after the grant of the fee waiver, at the court-approved daily rate) 3. If you want the Appellate Division of Superior Court or the Court of Appeal to review an order or judgment against you and you want the court fees waived, ask for and follow the instructions on Information Sheet on Waiver of Appellate Court Fees, Supreme Court, Court of Appeal, Appellate Division (form APP-015/FW-015-INFO). IMPORTANT INFORMATION! · You are signing your request under penalty of perjury. Please answer truthfully, accurately, and completely. · The court may ask you for information and evidence. You may be ordered to go to court to answer questions about your ability to pay court fees and costs and to provide proof of eligibility. Any initial fee waiver you are granted may be ended if you do not go to court when asked. You may be ordered to repay amounts that were waived if the court finds you were not eligible for the fee waiver. · If you receive a fee waiver, you must tell the court if there is a change in your finances. You must tell the court within five days if your finances improve or if you become able to pay court fees or costs during this case. (File Notice to Court of Improved Financial Situation or Settlement (form FW-010) with the court.) You may be ordered to repay any amounts that were waived after your eligibility came to an end. · If you receive a judgment or support order in a family law matter: You may be ordered to pay all or part of your waived fees and costs if the court finds your circumstances have changed so that you can afford to pay. You will have the opportunity to ask the court for a hearing if the court makes such a decision. · If you win your case in the trial court: In most circumstances the other side will be ordered to pay your waived fees and costs to the court. The court will not enter a satisfaction of judgment until the court is paid. (This does not apply in unlawful detainer cases. Special rules apply in family law cases. (Government Code, section 68637(d), (e).) · If you settle your civil case for $10,000 or more: Any trial court waived fees and costs must first be paid to the court out of the settlement. The court will have a lien on the settlement in the amount of the waived fees and costs. The court may refuse to dismiss the case until the lien is satisfied. A request to dismiss the case (use form CIV-110) must have a declaration under penalty of perjury that the waived fees and costs have been paid. Special rules apply to family law cases. · The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, the court can start collection proceedings and add a $25 fee plus any additional costs of collection to the other fees and costs owed to the court. · The fee waiver ends. The fee waiver expires 60 days after the judgment, dismissal, or other final disposition of the case or earlier if a court finds that you are not eligible for a fee waiver. · If you are in jail or state prison: Prisoners may be required to pay the full cost of the filing fee in the trial court but may be allowed to do so over time.
Judicial Council of California, www.courtinfo.ca.gov Revised July 1, 2009 Government Code, §§ 68630­68640 California Rules of Court, rule 3.51

Information Sheet on Waiver of Superior Court Fees and Costs

FW-001-INFO, Page 1 of 1
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