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The FW-001 form, known as the Request to Waive Court Fees, serves as a vital resource for individuals facing financial hardship who seek access to the court system without the burden of fees. Designed for those receiving public benefits, low-income individuals, or anyone who finds it challenging to meet basic needs while also paying court fees, this form allows for an official plea for financial relief. To initiate the process, individuals must clearly outline their personal circumstances, including basic information such as name, address, and case number. The court may require additional details about financial situations, and a thorough assessment could lead to a waiver of fees. However, it is important to note that if financial circumstances improve during a case or if there is a significant settlement, the court may still pursue the fees. Moreover, participants need to respond accurately to various inquiries regarding household income, employment, and current expenses. This comprehensive form is not only crucial for easing financial burdens but also ensures that justice remains accessible to all, regardless of their economic situation.

Fw 001 Example

FW-001

Request to Waive Court Fees

CONFIDENTIAL

 

 

 

 

 

 

 

 

 

 

 

Clerk stamps date here when form is filed.

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 use this form to ask the court to waive your court fees. The court may order

 

you to answer questions about your finances. If the court waives the fees, you

 

may still have to pay later if:

 

•You cannot give the court proof of your eligibility,

 

Fill in court name and street address:

•Your financial situation improves during this case, or

 

Superior Court of California, County of

 

 

 

You settle your civil case for $10,000 or more. The trial court that waives your fees will have a lien on any such settlement in the amount of the waived fees and costs. The court may also charge you any collection costs.

1 Your Information (person asking the court to waive the fees): Name:

Street or mailing address:

 

 

 

 

 

 

 

Fill in case number and name:

City:

 

 

State:

 

Zip:

 

 

 

 

 

Case Number:

Phone:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

2Your Job, if you have one (job title):

Name of employer:

 

 

 

Case Name:

 

 

 

Employer’s address:

 

 

 

 

3Your Lawyer, if you have one (name, firm or affiliation, address, phone number, and State Bar number):

a. The lawyer has agreed to advance all or a portion of your fees or costs (check one): Yes

No

b.(If yes, your lawyer must sign here) Lawyer’s signature:

If your lawyer is not providing legal-aid type services based on your low income, you may have to go to a hearing to explain why you are asking the court to waive the fees.

4What courts fees or costs are you asking to be waived?

Superior Court (See Information Sheet on Waiver of Superior Court Fees and Costs (form FW-001-INFO).) Supreme Court, Court of Appeal, or Appellate Division of Superior Court (See Information Sheet on Waiver of Appellate Court Fees (form APP-015/FW-015-INFO).)

5Why are you asking the court to waive your court fees?

a.

I receive (check all that apply; see form FW-001-INFO for definitions):

Food Stamps Supp. Sec. Inc.

 

SSP

Medi-Cal

County Relief/Gen. Assist.

IHSS

CalWORKS or Tribal TANF

CAPI

b. My gross monthly household income (before deductions for taxes) is less than the amount listed below. (If you check 5b, you must fill out 7, 8, and 9 on page 2 of this form.)

Family Size

Family Income

Family Size

Family Income

Family Size

Family Income

If more than 6 people

1

$1,341.67

3

$2,287.50

5

$3,233.34

at home, add $472.92

2

$1,814.59

4

$2,760.42

6

$3,706.25

for each extra person.

 

 

 

 

 

 

 

c.

I do not have enough income to pay for my household’s basic needs and the court fees. I ask the court to:

(check one and you must fill out page 2):

 

waive all court fees and costs

waive some of the court fees

let me make payments over time

 

6

Check here if you asked the court to waive your court fees for this case in the last six months. (If your previous request is reasonably available, please attach it to this form and check here):

I declare under penalty of perjury under the laws of the State of California that the information I have provided on this form and all attachments is true and correct.

Date:

Print your name here

 

Sign here

Judicial Council of California, www.courts.ca.gov Revised March 15, 2021, Mandatory Form Government Code, § 68633

Cal. Rules of Court, rules 3.51, 8.26, and 8.818

Request to Waive Court Fees

FW-001, Page 1 of 2

Your name:

Case Number:

If you checked 5a on page 1, do not fill out below. If you checked 5b, fill out questions 7, 8, and 9 only.

If you checked 5c, you must fill out this entire page. If you need more space, attach form MC-025 or attach a sheet of paper and write Financial Information and your name and case number at the top.

7

Check here if your income changes a lot from month to month.

 

If it does, complete the form based on your average income for

the past 12 months.

8Your Gross Monthly Income

a.List the source and amount of any income you get each month, including: wages or other income from work before deductions, spousal/child support, retirement, social security, disability, unemployment, military basic allowance for quarters (BAQ), veterans payments, dividends, interest, trust income, annuities, net business or rental income, reimbursement for job-related expenses, gambling or lottery winnings, etc.

(1)

 

$

 

(2)

 

$

 

(3)

 

$

 

(4)

 

$

 

b. Your total monthly income:

$

 

9Household Income

a.List the income of all other persons living in your home who depend in whole or in part on you for support, or on whom you depend in whole or in part for support.

 

 

 

 

 

 

Gross Monthly

Name

 

Age Relationship Income

(1)

 

 

 

 

 

$

 

 

 

 

 

 

 

 

(2)

 

 

 

 

 

$

 

 

 

 

 

 

 

 

(3)

 

 

 

 

 

$

 

 

 

 

 

 

 

 

(4)

 

 

 

 

 

$

 

 

 

 

 

 

 

 

b. Total monthly income of persons above: $

Total monthly income and

 

household income (8b plus 9b):

$

To list any other facts you want the court to know, such as unusual medical expenses, etc., attach form MC-025 or attach a sheet of paper and write Financial Information and your name and case number at the top.

Check here if you attach another page.

Important! If your financial situation or ability to pay court fees improves, you must notify the court within five days on form FW-010.

10Your Money and Property

a. Cash

$

 

b.All financial accounts (List bank name and amount):

(1)

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

(2)

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

(3)

 

 

 

 

$

 

 

 

 

 

 

 

 

 

 

c. Cars, boats, and other vehicles

 

 

 

 

 

 

 

Make / Year

 

Fair Market

 

How Much You

 

 

Value

 

Still Owe

 

 

 

 

(1)

 

$

 

$

 

 

 

 

 

 

 

 

(2)

 

$

 

$

 

 

 

 

 

 

 

 

(3)

 

$

 

$

 

 

 

 

 

 

 

d. Real estate

 

Fair Market

 

How Much You

 

Address

 

Value

 

Still Owe

(1)

 

$

 

$

 

 

 

 

 

 

 

 

(2)

 

$

 

$

 

 

 

 

 

 

 

e. Other personal property (jewelry, furniture, furs,

 

 

 

stocks, bonds, etc.):

 

Fair Market

 

How Much You

 

 

 

 

 

Describe

 

Value

 

Still Owe

(1)

 

$

 

$

 

 

 

 

 

 

 

 

(2)

 

$

 

$

 

 

 

 

 

 

 

 

11Your Monthly Deductions and Expenses

a. List any payroll deductions and the monthly amount below:

(1)

 

$

 

(2)

 

$

 

(3)

 

$

 

(4)

 

$

 

b.

Rent or house payment & maintenance

$

 

c.

Food and household supplies

$

 

d.

Utilities and telephone

$

 

e.

Clothing

$

 

f.

Laundry and cleaning

$

 

g.

Medical and dental expenses

$

 

h.

Insurance (life, health, accident, etc.)

$

 

i.

School, child care

$

 

j.

Child, spousal support (another marriage)

$

 

k.

Transportation, gas, auto repair and insurance

$

 

l.

Installment payments (list each below):

 

 

 

Paid to:

 

 

 

(1)

 

 

$

 

 

 

 

 

 

 

 

(2)

 

 

$

 

 

 

 

 

 

 

 

(3)

 

 

$

 

 

 

 

 

 

m. Wages/earnings withheld by court order

$

 

n.Any other monthly expenses (list each below).

Paid to:

 

How Much?

(1)

 

$

 

 

 

 

(2)

 

$

 

 

 

 

(3)

 

$

 

 

 

 

Total monthly expenses (add 11a –11n above): $

Revised March 15, 2021

Request to Waive Court Fees

FW-001, Page 2 of 2

 

Form Characteristics

Fact Name Description
Purpose of Form The FW-001 form is used to request a waiver for court fees if you have low income or receive public benefits.
Eligibility Criteria Eligibility is based on your financial situation, including your income level and household needs.
Future Obligations If your financial situation improves during the case, the court may require you to pay waived fees later.
Confidentiality The information on this form is confidential and is marked when it is filed with the court.
Governing Law This form is governed by California Government Code, § 68633 and Cal. Rules of Court, rules 3.51, 8.26, and 8.818.

Guidelines on Utilizing Fw 001

Filling out the FW-001 form is essential for those seeking to waive court fees due to financial difficulties. This form requires personal, employment, and financial information to assess eligibility. Be prepared to disclose your income, expenses, and any public assistance you might receive.

  1. Begin by filling in the court's name and street address at the top of the form.
  2. In the "Your Information" section, provide your name, street or mailing address, city, state, zip code, case number, and phone number.
  3. If you are currently employed, include your job title and employer’s name, along with the employer’s address.
  4. If you have a lawyer, enter their name, firm or affiliation, address, phone number, and State Bar number. Indicate if the lawyer has agreed to advance any fees or costs.
  5. In the fees section, specify which court fees or costs you are requesting to waive: Superior Court or Appellate Court.
  6. Add details to explain why you are requesting a fee waiver. Check all applicable benefits received on the form and provide your household's gross monthly income.
  7. Decide whether to request a full fee waiver, a partial waiver, or to make payment arrangements. Make your selection accordingly.
  8. If you have previously asked for a fee waiver in the last six months, indicate this on the form.
  9. On page 2, if the form calls for it, provide your gross monthly income, listing all sources of income along with their amounts.
  10. Next, detail household income by listing the income of others living in your household who depend on you financially.
  11. Complete a section about your money and property by listing cash, financial accounts, vehicles, real estate, and other personal property.
  12. Document your monthly deductions and expenses, including necessary expenses such as rent, food, utilities, and any existing support payments.
  13. Finally, declare that the information provided is accurate by signing and dating the form.

What You Should Know About This Form

What is the FW-001 form used for?

The FW-001 form, known as the "Request to Waive Court Fees," is designed for individuals who may be struggling with their finances. If you receive public benefits or have a low income that makes it difficult to cover your household expenses and court fees, this form allows you to formally request the court to waive those fees. It's a way to ensure that financial hardship does not prevent access to legal services.

Who can apply to waive court fees using the FW-001 form?

Anyone who qualifies as a low-income individual or who receives certain public benefits can apply. This includes those receiving food stamps, Medi-Cal, CalWORKS, or similar assistance. If your income falls below specific thresholds based on your household size, you may also be eligible. It is essential to provide accurate information regarding your income and circumstances to support your request.

What happens after I submit the FW-001 form?

After you submit the form, the court may review your financial situation. You may be asked to respond to questions about your finances. If the court grants your request to waive the fees, you'll be relieved of the court costs for that case. However, you should be aware that if your financial situation changes or if you settle your civil case for a significant amount, you might still be required to pay the waived fees later.

Can I request to waive just some of the court fees?

Yes, you can request to waive either all or some of the court fees. On the form, you'll have the option to specify your request. Additionally, if you are unable to pay all at once, the request can include a plan to make payments over time. Be sure to clearly indicate your choice and provide the necessary information to support your request.

What if my financial situation changes after I submit the form?

If there are any significant changes in your financial situation that affect your ability to pay court fees, you are required to notify the court within five days using form FW-010. This ensures that the court has up-to-date information regarding your financial status and can adjust your case accordingly. Prompt communication is key to managing any obligations you may face.

What documentation do I need to provide with the FW-001 form?

Along with the completed FW-001 form, you may need to provide proof of your income and assets. This could include pay stubs, bank statements, or documentation of any public benefits you receive. If you have previously requested a waiver in the last six months and can provide that documentation, it may strengthen your case. Ensuring that all information is accurate and complete is crucial for the court’s review process.

Common mistakes

Filling out the FW-001 form is a crucial step for individuals seeking to waive court fees. However, mistakes can lead to delays or denials. One common mistake is providing incomplete personal information. It’s essential to fill in your name, address, and other identifying details completely. Missing any of these sections may result in the form being rejected.

Another frequent error involves the job information section. Individuals often forget to list their job title or employer’s name, which is critical for verifying income. Make sure to provide accurate and complete job details to avoid complications.

Omitting required information about your financial situation is also a major mistake. If you need to check income sources in question 8, you must include all relevant income. Failing to account for even minor sources of income could lead to an inaccurate assessment of your financial status.

Many individuals also overlook the requirement to attach previous requests for fee waivers. If you've asked the court for a fee waiver in the last six months, you need to include that request with the current form. Not doing so may weaken your case and delay processing.

Another issue arises with the income calculations. When providing your gross monthly income, accuracy is vital. Rounding numbers or providing an estimated income can create discrepancies and misunderstandings. Ensure you document your income precisely.

People often disregard the instructions for household income, focusing only on their income. Remember, the court requires a comprehensive view, including others living in your household. Listing all dependents and their income can clarify your financial situation.

A key mistake is failing to notify the court of changes in financial circumstances. If your income increases significantly during the proceedings, it is your responsibility to inform the court within five days. Ignoring this obligation could result in legal issues.

Lastly, individuals sometimes skip signing the form. A missing signature can invalidate the entire request. Confirm you have signed and dated the form before submitting it to ensure it is processed without further delays.

Documents used along the form

When seeking to waive court fees using the FW-001 form, individuals may also need to submit additional documents to support their request. Understanding these forms can help streamline the process and ensure all necessary information is provided. Here are some commonly used documents alongside the FW-001:

  • FW-001-INFO: This information sheet explains the criteria and process for requesting a waiver of court fees. It provides helpful definitions and clarifications regarding eligibility, allowing applicants to understand better what they need to demonstrate in their application.
  • APP-015/FW-015-INFO: This document serves a similar purpose but focuses specifically on waiving fees for appellate courts. It outlines the relevant rules and provides information on what applicants must include in their request for fee waivers in appellate cases.
  • MC-025: This is a additional space form that individuals may use if they need more room to provide their financial information or other relevant details. It allows for a clear presentation of supplemental data to support the fee waiver application.
  • FW-010: Should an applicant's financial situation change after the waiver has been granted, this form must be used to notify the court. It is crucial for ensuring the court remains informed about the applicant's ability to pay fees, maintaining compliance with any agreements made regarding the waiver.

Being well-prepared with these documents will not only facilitate the fee waiver request process but may also alleviate unnecessary delays. Each document plays a vital role in accurately portraying an individual's financial circumstances and helps ensure that the court has all the information needed to make an informed decision.

Similar forms

The FW-001 form is used to request a waiver of court fees based on financial hardship. Here are eight other documents that are similar in purpose or function:

  • FW-001-INFO - This information sheet explains the waiver process, eligibility requirements, and details on filling out the FW-001 form.
  • APP-015 - This form is used for requesting a waiver of appellate court fees. Like FW-001, it also considers financial status.
  • MC-025 - This is a supplemental form to provide additional financial information when requested. It serves to clarify financial circumstances, just as the FW-001 does.
  • FW-010 - This form is required to notify the court if a person's financial situation changes. It keeps the court informed about income changes after fees are waived, similar to the intent of FW-001.
  • CV-200 - This is a request to waive court fees in civil cases specifically. It functions similarly to allow those in need to access the court system without financial burden.
  • SC-100 - This form requests a fee waiver for small claims cases. Like the FW-001, it's aimed at individuals unable to pay court fees.
  • CIV-190 - This form requests a fee waiver for family law cases, following the same principles of financial hardship that FW-001 addresses.
  • FL-150 - This income and expense declaration outlines financial obligations and income to support various family law requests, similar to how FW-001 assesses financial capability to pay fees.

Dos and Don'ts

When filling out the FW-001 form to request a waiver of court fees, it is essential to approach the process carefully and thoughtfully. Here are some guidelines on what to do and what to avoid in order to ensure your application is complete and accurate:

  • Do: Read the entire form and accompanying instructions thoroughly before starting.
  • Do: Provide clear and accurate information regarding your income and financial situation.
  • Do: Include your case number and court name accurately to avoid delays in processing.
  • Do: Check all applicable boxes regarding your income sources and benefits received.
  • Do: Attach any supporting documents that validate your financial situation, if necessary.
  • Don't: Skip any sections; incomplete forms may be rejected.
  • Don't: Provide misleading or inaccurate information, as this could lead to legal consequences.
  • Don't: Forget to sign and date the form before submitting it.
  • Don't: Submit the form without double-checking for errors or missing information.

By following these straightforward dos and don’ts, individuals can increase the likelihood of a favorable response to their request for a waiver of court fees. Taking the time to ensure correctness can help avoid unnecessary complications later in the legal process.

Misconceptions

Understanding the FW-001 Request to Waive Court Fees form can be challenging. Here are some common misconceptions that may lead to confusion:

  • Only low-income individuals can apply: While low-income status is a primary reason to request a fee waiver, those receiving public benefits or facing financial hardship may also qualify.
  • The waiver is automatic: Many believe that submitting the FW-001 guarantees a fee waiver. In reality, the court will evaluate your application and may ask for more information.
  • You will never have to pay the fees: Even if the court waives the fees now, you may still need to pay later if your financial situation improves or if you settle for a significant amount.
  • All court fees are waived: Some people think that all fees will be waived. However, you can request to waive specific fees or make payment arrangements for others.
  • Your lawyer’s assistance disqualifies you: If your lawyer helps you with the application or agrees to advance fees, it doesn’t automatically disqualify you from seeking a waiver.
  • You don’t need proof of income: Providing documentation of your income and financial situation is necessary to support your request. The court may ask for further clarification.
  • Your previous applications affect your current request: Each request is reviewed independently. If you’ve applied before, it does not automatically impact your current application unless there’s a significant change in circumstances.
  • If I miss a payment, I cannot get a waiver: Missing a payment does not disqualify you from requesting a waiver in the future. You can always apply again if your financial situation changes.
  • The process is quick and easy: While the process aims to be straightforward, it may take time, especially if the court requests additional information or a hearing.

Navigating court fees and the waiver process can feel overwhelming, but understanding these misconceptions can help you better prepare your application and expectations.

Key takeaways

Filling out the Fw-001 form can seem intimidating, but understanding key points can make it easier. Here are some important takeaways to keep in mind:

  • Eligibility is crucial: You may qualify for a fee waiver if you receive public benefits, have low income, or cannot afford basic living expenses.
  • Disclosure is necessary: Be prepared to answer questions about your financial situation when you submit your request.
  • Proof of income: You need to provide proof, such as pay stubs or benefit documentation, to confirm your eligibility.
  • Changes in income: If your financial situation improves after the request, you must inform the court within five days.
  • Different courts, different rules: Make sure you're using the correct version of the form suitable for the specific court (e.g., trial court versus appellate court).
  • Attach prior requests: If you have requested a fee waiver in the last six months, include that previous request with your new application.
  • Be honest: All information provided must be accurate and truthful; discrepancies may jeopardize your request.
  • Follow up: If the court waives your fees, be aware that you might still have obligations in specific circumstances, such as receiving a settlement in your case.

Using the Fw-001 form effectively can alleviate financial pressure when navigating the court system. Stay organized and informed throughout the process.