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The JDF 205 form is an essential document for individuals seeking to have their court filing fees waived due to financial hardship. This form serves as a formal request to the court, allowing those with limited financial resources to pursue legal actions without the barrier of upfront fees. Included in this comprehensive submission are several key components: personal identification details of the petitioner, information about household finances—including income sources and monthly expenses—and supporting financial evidence such as bank statements. The form asks for a variety of information, from employment status to asset holdings, to accurately assess the applicant's financial circumstances. Completing the JDF 205 thoroughly ensures that the court has a clear understanding of the applicant's situation, which is crucial for a favorable determination. Remember, it’s important to list all relevant financial information honestly, as providing false details can lead to serious consequences. By submitting this form, an individual not only requests the waiver but also establishes their right to seek justice without the financial strain that could prevent them from moving forward with their case.

Jdf 205 Example

Court qCounty Court Court Address:

qSupreme Court qCourt of Appeals qDenver Juvenile Court qDenver Probate qDistrict Court ____________________ County, Colorado

Plaintiff/Petitioner:________________________________________

v.

Defendant/Respondent: __________________________________

__________________________________________________________________

Attorney or Party Without Attorney: (Name & Address)

Phone Number:

Atty. Reg. #:

COURT USE ONLY

_______________________________

Case Number: Courtroom:

MOTION TO: qFILE WITHOUT PAYMENT OF FILING FEE q WAIVE OTHER COSTS OWED TO THE

STATE AND SUPPORTING FINANCIAL AFFIDAVIT

I, _____________________________________ respectfully move the Court for an order to waive the following filing fee(s):

qcomplaint qpetition qanswer qresponse qmotion to modify qother: __________________ and as grounds state that I am

without funds, have no adequate funds available, and have a meritorious claim.

All items must be fully completed. Print or type neatly. If an item does not apply, please write “N/A”

Last Name

Name of Applicant

First Name

MI

 

 

Street Address (Include Apt. # if applicable)

___________________________________________________________________________________________________________

_______________________________________________________________________ ________________

____________

City

 

State

Zip Code

qOwn qRent Home Phone #: _____________________

 

 

Social Security #

Driver's Lic. # & State

Date of Birth

 

 

 

 

 

Most Recent Employer: ____________________________________________________________________________

Work Address: ___________________________________________________________________________________

Work Phone #: ( ) _______________________________

Dates Employed: ___________________________________

Hours/Week: _______Pay Rate: $ _____________ qWeekly qBi-weekly qMonthly qAnnual qOther:_____________

Name of Other Responsible Party(Spouse, Partner, Parent, Other Persons in Household)

Last Name

First Name

MI

Street Address (Include Apt. # if applicable)

 

 

___________________________________________________________________________________________________________

_______________________________________________________________________ ___________________

____________

City

 

State

Zip Code

qOwn qRent

Home Phone #: ____________________

 

 

Social Security #

Driver's Lic. # & State

Date of Birth

 

 

 

 

 

Most Recent Employer: ____________________________________________________________________________

Work Address: ___________________________________________________________________________________

Work Phone #: ( ) _______________________________

Dates Employed: ___________________________________

Hours/Week: _________Pay Rate: $ ______________qWeekly qBi-weekly qMonthly qAnnual qOther:_____________

Page 1 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

 

Marital Status: qSingle qMarried qPartner in a Civil Union qDivorced/Civil Union Dissolved qSeparated

 

 

qWidowed

 

 

 

 

 

 

 

Number in Household: (including yourself) ________

 

 

 

 

 

 

Identify Members:

 

 

 

 

 

 

_______________________________________________

__________

______________________________

 

 

Name

 

Age

Relationship

 

 

 

_______________________________________________

__________

______________________________

 

 

Name

 

Age

Relationship

 

 

 

Gross Monthly Income (See Information on page 3)

Monthly Expenses (See Information on Page 3)

Self (wages, salary, commission)

$

Rent or Mortgage

 

$

 

 

Spouse/Partner, Other Household Members

$

Groceries

 

$

 

 

Parents (if same household)

$

Utilities

 

$

 

 

 

 

 

 

 

 

 

Unemployment Benefits

$

Clothing

 

$

 

 

 

 

 

 

 

 

Social Security/Retirement Funds

$

Maintenance/Alimony and/or Child Support

$

 

 

 

 

 

 

 

 

 

Maintenance/Alimony

$

Medical/Dental

 

$

 

 

Other Income (identify)

$

Other Expenses (identify)

$

 

 

 

 

 

 

 

 

Other Income (identify)

$

Other Expenses (identify)

$

 

 

 

 

 

 

 

 

 

 

Total Income

$

Total Expenses

 

$

 

 

 

 

 

 

 

Cash on Hand (Cash you are carrying

$

Credit Cards: (Show type and balance owed)

ch is stored at home, etc.)

Type:______________________ Balance $____________

 

 

 

Type:______________________ Balance $____________

 

 

 

 

 

 

Checking Account Balance

$

Name/Address of Bank:

 

 

 

Savings Account Balance

Name/Address of Bank:

 

 

 

Stocks, Bonds, or other Investments

$

_______________

________________________________

 

 

Balance

$

Type of Investment

Name/Location of Company/Corporation

 

 

 

________________

________________________________

 

 

 

 

 

 

 

 

 

Vehicles Owned (Autos, boats, recreational

$

Year _______Model ____________License Plate__________

s, etc.) - Estimate Value

Year _______Model ____________License Plate__________

House(s) or other Property

$

Amount owed $ ____________Year Purchased__________

 

Estimate Value

IF ADDITIONAL SPACE IS NEEDED TO PROVIDE COMPLETE INFORMATION, ATTACH A SEPARATE PAGE.

 

I swear under penalty of perjury that all information provided is true and complete. In addition, if requested I will provide three (3) months of bank statements and pay stubs or other comparable proof of income status. I authorize the Court to make any necessary contacts to verify the information.

Signature:______________________________________________ Date:________________

Page 2 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

MOTION TO FILE WITHOUT PAYMENT SUPPORTING FINANCIAL AFFIDAVIT, AND SUPPORTING DOCUMENTATION REQUESTED

General Information

It is important that you accurately complete all sections of this form as appropriate based on your personal circumstances. If a section does not apply, please write N/A.

A. Gross Monthly Income. Includes income from all members of the household who contribute monetarily to the common support of the household.

wIncome categories to include:

Wages, including tips, salaries, commissions, payments received as an independent contractor for labor or services, bonuses, dividends, severance pay, pensions, retirement benefits, royalties, interest/investment earnings, trust income, annuities, capital gains, unemployment benefits, Social Security Disability (SSD), Social Security Supplemental Income (SSI), Workman’s Compensation Benefits, and alimony.

Note: Income from roommates should not be considered if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion which would allow the applicant proprietary rights to the roommate’s income.

wIncome categories do not include:

TANF payments, food stamps, subsidized housing assistance, veteran’s benefits earned from a disability, child support payments, or other public assistance programs.

B.Liquid Assets. Includes cash on hand or in accounts, stocks bonds, certificates of deposit, equity, and personal property or investments which could readily be converted into cash without jeopardizing the applicant’s ability to maintain home and employment.

Expenses. Nonessential items such as cable television, club memberships, entertainment, dining out, alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on JDF 205.

If you are applying to have your filing fee waived you may be asked to

supply:

Copies of the previous three months bank statements, including checking and savings. DO NOT provide originals.

Copies of the previous three months pay stubs and/or proof of income must be included. DO NOT provide originals.

Page 3 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

Form Characteristics

Fact Name Description
Court Usage The JDF 205 form is used in Colorado courts to request a waiver for filing fees.
Eligibility Criteria Applicants must demonstrate financial hardship and provide a detailed financial affidavit.
Required Information Complete personal, household, and financial details, such as income and expenses, are necessary.
Governing Law This form is governed by Colorado Revised Statutes related to court fees and assistance for indigent parties.
Signature Requirement Applicants must sign the form, affirming the truth and completeness of the provided information under penalty of perjury.

Guidelines on Utilizing Jdf 205

Completing the JDF 205 form can seem daunting, but it’s straightforward if you follow the steps carefully. This form allows you to request a waiver for certain court filing fees based on your financial situation. Below are the steps to help you fill out the form accurately and completely.

  1. Start by filling in the court information at the top. Indicate the type of court and the court address in the designated spaces.
  2. Enter the names of the plaintiff/petitioner and the defendant/respondent next. Make sure to write them clearly.
  3. Provide your name and address under "Attorney or Party Without Attorney." If you have an attorney, list their details instead.
  4. Write your phone number and attorney registration number if applicable. Leave the “COURT USE ONLY” section blank as it's for the court clerk.
  5. Fill in the case number and courtroom if you have that information.
  6. Check the box next to the motion you are requesting: “File Without Payment of Filing Fee” or “Waive Other Costs Owed to the State,” and indicate the specific filing fee(s) you want to waive by checking the corresponding boxes.
  7. In the next section, write your full name, address, city, state, and zip code.
  8. Indicate whether you own or rent your home, and provide your home phone number, Social Security number, driver’s license number (and state), and date of birth.
  9. List your most recent employer, work address, work phone number, employment dates, hours worked per week, and pay rate. Be sure to include whether the pay is weekly, bi-weekly, monthly, annual, or another frequency.
  10. Provide similar information for any other responsible party in your household by filling in the required details accurately.
  11. Indicate your marital status and the number of people living in your household, identifying them with names and ages.
  12. Next, detail your gross monthly income and monthly expenses, ensuring you account for all sources of income and expenses listed on the form.
  13. Continue with sections regarding cash on hand, credit card balances, checking and savings account balances, and details about any vehicles or property you own, including their estimated values and balances owed.
  14. If you need more space, attach an additional page with the necessary information as stated in the form instructions.
  15. Finally, sign and date the form at the bottom, confirming the accuracy of all information provided.

After completing the form, gather any required supporting documentation, such as recent bank statements and pay stubs. Make copies, as you will not be submitting originals. This will ensure your request to waive the filing fees is processed efficiently.

What You Should Know About This Form

What is the JDF 205 form used for?

The JDF 205 form is a legal document designed for individuals who are seeking to waive their court filing fees. This could be due to financial hardships or lack of funds. By submitting this form, a person can request permission from the court to file certain documents without the usual cost, which can be crucial for those in difficult financial situations wanting to access the judicial system.

Who can file the JDF 205 form?

Any individual, whether they have legal representation or not, can complete and file the JDF 205 form. This includes anyone who can demonstrate financial need and has a legitimate legal claim or question that they wish to bring before the court. It is important that applicants provide accurate financial information to support their request for a fee waiver.

What information is required on the form?

Completing the JDF 205 form involves providing personal information, such as your name, address, and date of birth. You'll also need to disclose your gross monthly income, sources of funds, and your monthly expenses. Additionally, information about your assets—including bank account balances and properties—must be detailed. The form ensures that all financial details are thoroughly represented so that the court can fairly assess your request.

What happens after I submit the JDF 205 form?

Once filed, the court will review your JDF 205 form to determine whether to grant the fee waiver. If your request is approved, you will be able to proceed with your legal matter without having to pay the filing fees. If denied, you will be informed and may need to address any concerns the court has regarding your financial situation before continuing. It is crucial to ensure that all sections of the form are completed accurately to avoid delays in processing your request.

Common mistakes

Completing the JDF 205 form can be a crucial step in the process of filing for a fee waiver. However, there are several common mistakes individuals often make that can hinder their application. Recognizing these errors is key to submitting a complete and accurate form.

One common mistake is not fully completing all sections of the form. Each part of the JDF 205 requires specific information about the applicant's financial situation. If a section does not apply, it is essential to write “N/A.” Failing to provide this information may result in delays or rejection.

Another mistake involves providing unclear or illegible handwriting. Whether the form is filled out by hand or typed, clarity is important. If the information cannot be easily read, the court may ask for clarification, leading to unnecessary delays. Using a black or blue pen for handwritten forms and typing where possible can help ensure legibility.

Some applicants neglect to double-check their financial calculations. It's vital to accurately sum monthly income and expenses, as these figures determine eligibility for a fee waiver. Inaccuracies, even small ones, could invalidate the request. Additionally, ensuring that the gross monthly income includes all relevant income sources can prevent issues during review.

Omitting necessary documentation is another frequent error. If applying for a fee waiver, be prepared to provide three months of bank statements and pay stubs as proof of income. Failing to include these documents can lead to a denial of the application. Always make copies of essential documents to retain for personal records.

Misunderstanding the definitions of various income sources can cause confusion. For example, certain forms of assistance, like TANF or child support, should not be included in reported income. Familiarizing oneself with the guidelines outlined in the form about what counts as income will help avoid misrepresentation.

Finally, overlooking the signature and date at the end of the form is a critical mistake that can easily be remedied. Submitting an unsigned form will result in an automatic rejection. Therefore, always confirm that the application is signed and dated before submission to avoid unnecessary complications.

Documents used along the form

When navigating the legal system, knowing the right forms to accompany your JDF 205 form can make all the difference. The legal landscape can feel overwhelming, but having the right documentation on hand empowers you to move forward confidently. Here’s a helpful list of forms and documents you might need, along with a brief description of each.

  • JDF 207: Financial Affidavit - This form details your financial situation. It includes information about income, expenses, and assets, helping the court assess your ability to pay legal fees.
  • JDF 208: Request for Waiver of Fees - Use this form to formally request that the court waive various fees associated with your case, based on financial hardship.
  • JDF 410: Complaint - This is a key document if you're initiating a legal proceeding. It outlines your claims against the defendant and the relief you're seeking from the court.
  • JDF 420: Answer - If you are the defendant in a case, you'll use this form to respond to the claims made against you in the complaint.
  • JDF 440: Motion for Default Judgment - If the other party doesn’t respond to the complaint, you can request a default judgment using this form.
  • JDF 455: Motion to Modify - This document is used when you want to request changes to an existing order, such as child support or alimony adjustments.
  • JDF 475: Notice of Appeal - If you're unhappy with a court decision, this form is crucial for starting an appeal in a timely manner.
  • JDF 490: Petition for Custody - Use this form if you’re seeking custody of a child. It outlines your relationship and what you're requesting from the court.
  • JDF 525: Subpoena - This document commands an individual to appear in court or produce documents relevant to a case.
  • JDF 110: Affidavit in Support of Motion - This affidavit serves to provide the court with factual details to support your motion, establishing credibility to your claims or requests.

Understanding these related documents can streamline your legal journey. Always ensure that your forms are complete and accurate, as this influences how smoothly your case moves through the courts. Being prepared is your best strategy for navigating the complexities of the legal process.

Similar forms

The JDF 205 form is crucial for individuals seeking to waive court fees due to financial hardship. Several other legal documents serve a similar purpose, often facilitating similar processes in court proceedings. Below is a list of six such documents, each explained in terms of their similarities to the JDF 205 form.

  • Poverty Affidavit: Like the JDF 205, the Poverty Affidavit allows individuals to declare their financial status, often used within civil court contexts. It also seeks a waiver of fees based on the same premise of lacking sufficient resources.
  • Fee Waiver Application: This document specifically requests the court to waive filing fees for those who can demonstrate financial need. It shares a similar structure in that it requires detailed income and expense information, enabling judges to evaluate the applicant's circumstances.
  • Financial Disclosure Statement: Often utilized in family law cases, a Financial Disclosure Statement mandates the applicant disclose their financial situation. It aligns closely with the JDF 205, as both require comprehensive information about income, assets, and expenses to establish the applicant's financial status.
  • Application for Court-Appointed Counsel: Individuals requesting a public defender must submit this application. It parallels the JDF 205 in that it assesses the applicant's financial means to determine eligibility for free legal representation.
  • Motion for Continuance Due to Financial Hardship: When individuals cannot afford to proceed with a case, they may file this motion. Similar to the JDF 205, it requires applicants to explain their financial constraints and how these affect their ability to engage in the court process.
  • Order for Waiver of Costs: This document is another avenue for individuals to request that the court waive additional costs associated with a case, such as filing fees. Much like the JDF 205, it necessitates proving financial inability to bear such costs.

These documents fulfill similar roles in the judicial system, each designed to assist those experiencing financial hardships, ensuring that access to justice is available to everyone, regardless of their economic situation.

Dos and Don'ts

  • Do fill out all required sections completely.
  • Do print or type your answers clearly.
  • Do include "N/A" for any items that do not apply to you.
  • Do double-check your personal information for accuracy.
  • Do provide supporting documents as requested.
  • Don't leave any sections unanswered; this may delay the process.
  • Don't use abbreviations or shorthand; clarity is essential.
  • Don't submit original documents; only copies are acceptable.
  • Don't include non-essential expenses when listing your financial information.
  • Don't omit your signature and date; these are required for validity.

Misconceptions

Misconception 1: The JDF 205 form only applies to specific types of cases.

This form is applicable for various court proceedings, including complaints, petitions, and motions. It is not limited to any single category, allowing individuals to seek fee waivers in multiple contexts.

Misconception 2: Submitting the JDF 205 guarantees automatic approval of the fee waiver.

While the completion of the form is necessary, it does not ensure approval. The court evaluates each application based on financial status and merit, so proper documentation is crucial.

Misconception 3: You don’t need to provide any proof of income with the JDF 205 form.

Supporting financial documentation is often required. This typically includes recent bank statements and pay stubs, which substantiate your financial claims.

Misconception 4: The JDF 205 form can be submitted without any specific personal information.

All relevant personal details must be included. Complete and accurate information is vital for processing your request. Incomplete forms may lead to delays or denials.

Misconception 5: The JDF 205 form can be filled out casually or with minimal effort.

Accuracy and diligence are essential. Each section should be filled out precisely, and if a section does not apply, "N/A" should be written. Mistakes can hinder the processing of your fee waiver request.

Key takeaways

Completing and utilizing the JDF 205 form is a critical step for individuals seeking to request a fee waiver in Colorado courts. Below are key takeaways to understand the process effectively.

  • Accurate Information: Ensure that all sections of the form are filled out accurately. Each required detail should reflect your current financial situation. If a section does not apply, write "N/A."
  • Income Reporting: Include all sources of income when detailing your gross monthly income. This includes wages, unemployment benefits, Social Security income, and others, but excludes non-contributory payments such as child support and TANF.
  • Documentation Required: Be prepared to provide supporting documents, such as the last three months of bank statements and pay stubs, to substantiate your financial status. Make copies, not originals, of these documents.
  • Liquid Assets and Expenses: Clearly list your liquid assets and necessary expenses. Nonessential items should not be included in your reported expenses, as they do not contribute to your need for a fee waiver.