The FW-001 form is a request to waive court fees, designed for individuals facing financial hardships. If you receive public benefits, are considered low-income, or struggle to cover basic household needs, this form allows you to petition the court for a waiver of fees associated with your case. To take the first step in alleviating your financial burden, consider filling out the form by clicking the button below.
The FW-001 form, officially known as the Request to Waive Court Fees, serves as a crucial tool for individuals facing financial hardships who wish to access the court system without the burden of fees. Designed for those receiving public benefits or whose income falls below a certain threshold, this form allows applicants to request that the court waive their fees entirely or permit them to make payments over time. When filling out the FW-001, individuals must provide detailed information about their financial situation, including their income, household size, and any relevant expenses. The court may require applicants to answer questions about their finances to verify eligibility. It’s important to note that even if fees are waived, applicants might still be responsible for these costs later if their financial situation improves or if they settle a civil case for a significant amount. This form plays a vital role in ensuring that access to justice is available to those who might otherwise be unable to afford it, reflecting the commitment to fairness within the legal system.
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 court’s 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
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
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
FW-001, Page 1 of 2
Your name:
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
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):
c. Cars, boats, and other vehicles
Make / Year
Fair Market
How Much You
Value
Still Owe
d. Real estate
Address
e. Other personal property (jewelry, furniture, furs,
stocks, bonds, etc.):
Describe
11Your Monthly Deductions and Expenses
a. List any payroll deductions and the monthly amount below:
b.
Rent or house payment & maintenance
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:
m. Wages/earnings withheld by court order
n.Any other monthly expenses (list each below).
How Much?
Total monthly expenses (add 11a –11n above): $
Revised March 15, 2021
FW-001, Page 2 of 2
Completing the FW-001 form is essential for those seeking to waive court fees due to financial hardship. After filling out the form, submit it to the appropriate court. Be prepared for possible follow-up questions regarding your financial situation.
What is the FW-001 form?
The FW-001 form, also known as the Request to Waive Court Fees, is a document used in California to request a waiver of court fees. If you are experiencing financial hardship, such as being a low-income individual or receiving public benefits, this form allows you to ask the court to waive the fees associated with your case. It's designed to ensure that financial barriers do not prevent access to justice.
Who can use the FW-001 form?
Individuals who meet certain financial criteria can use this form. If you receive public benefits like Food Stamps or Medi-Cal, or if your household income is below specified limits, you may qualify. Additionally, if you cannot afford basic needs and court fees, you can request a waiver. The form is available to anyone involved in a court case in California who meets these criteria.
What information do I need to provide on the form?
You will need to fill out personal information, including your name, address, and case number. Additionally, you must provide details about your income, including any sources of income and your monthly expenses. The form also asks if you have a lawyer and whether they are assisting you with fees. Accurate information is crucial, as the court may ask you to provide proof of your financial situation.
What happens after I submit the FW-001 form?
Once you submit the FW-001 form, the court will review your request. In some cases, you may be required to attend a hearing where you will explain your financial situation. If the court approves your request, your fees may be waived. However, if your financial situation improves during the case, you must inform the court within five days, as you may be required to pay the waived fees later.
Are there any consequences if I don’t provide accurate information?
Providing inaccurate information on the FW-001 form can lead to serious consequences. If the court discovers that you provided false information, it may deny your request for a fee waiver. Additionally, you could face penalties, including being required to pay the court fees and possibly other legal repercussions. Always ensure that the information you provide is truthful and complete.
Can I request a waiver for fees in more than one case?
Yes, you can request a waiver for fees in multiple cases. However, you will need to complete a separate FW-001 form for each case. Make sure to provide all necessary information and documentation for each case to avoid delays in processing your requests. Each case will be evaluated independently based on your financial situation.
Filling out the FW-001 form can be a crucial step for individuals seeking to waive court fees due to financial hardship. However, many people make mistakes that can delay their request or even lead to denial. One common mistake is failing to provide complete and accurate information. This form requires specific details about your income, household size, and expenses. Omitting any of these details can raise red flags for the court and may require additional hearings to clarify your financial situation.
Another frequent error is not checking the right boxes. The form has various sections where you must indicate your eligibility for a fee waiver, such as whether you receive public benefits or if your income falls below certain thresholds. Misunderstanding these sections can lead to an incorrect application. It's essential to carefully read each question and ensure that you check all applicable boxes. If unsure, seeking assistance can help clarify your options.
Additionally, many individuals overlook the requirement to provide proof of their financial situation. The court may ask for documentation that supports your claims, such as pay stubs, tax returns, or proof of benefits. Failing to include this documentation when submitting the form can result in delays. Always ensure that you attach any necessary documents that demonstrate your financial need.
Finally, some people forget to notify the court of any changes in their financial situation. If your income improves after you submit the FW-001 form, you are required to inform the court within five days using form FW-010. Not doing so can lead to complications, including potential repayment of waived fees. Staying proactive about your financial status is crucial to maintain your eligibility for the fee waiver.
The FW-001 form, which is used to request a waiver of court fees, is often accompanied by several other forms and documents that provide additional information or support for the request. Below is a list of documents commonly associated with the FW-001 form, along with brief descriptions of each.
These documents collectively assist the court in assessing the financial situation of the individual requesting the waiver and help ensure that the process is transparent and fair. Properly completing and submitting these forms can significantly impact the outcome of the fee waiver request.
The FW-001 form, which is used to request a waiver of court fees, has similarities with several other documents that serve similar purposes in the legal system. Here are eight documents that share characteristics with the FW-001 form:
When filling out the FW-001 form, attention to detail is crucial. Here are some essential dos and don’ts to keep in mind:
Following these guidelines will help streamline the process and increase your chances of successfully waiving court fees.
Understanding the FW-001 form is essential for anyone seeking to waive court fees in California. However, several misconceptions can lead to confusion. Here are ten common misunderstandings about this form, along with clarifications.
Being aware of these misconceptions can help ensure a smoother process when requesting a waiver of court fees. Always consider seeking assistance or guidance if you have questions about the form or your eligibility.
When filling out and using the FW-001 form, consider the following key takeaways:
Completing the FW-001 form accurately is crucial for successfully obtaining a waiver of court fees. Ensure that all information is truthful and well-documented to avoid complications.