Home > Self-Service Center > Fee Waiver and Deferral Fee Waiver and Deferral Process

Options Available You may be eligible for a waiver or a deferral if you are unable to pay the fees to file a complaint or an answer in your case. As part of the fee waiver and deferral process, the applicant will first apply for fee waiver or deferral, and then when the case concludes and a final judgment, decree, or order is issued, the applicant will supplement their application. Find out more information about what happens during this two-step process and what the applicant and the court must do.

   

1. Applying for Fee Waiver or Deferral

You must complete and file the Application for Deferral or Waiver of Court Fees or Costs (Form No. AOCDFGF1F) if you want to waive or defer your court fees. If you receive Supplemental Security Income (SSI), you qualify for a waiver, but you must provide proof (for example, your award letter). If you receive TANF or food stamps, you qualify for a deferral, but you must provide proof (for example, your award letter). If you receive legal assistance from a non-profit legal aid provider, you qualify for a deferral, but you must provide proof (for example, get a verification letter from the non-profit legal aid provider). For all other applicants, you must complete the financial questionnaire and provide proof. By signing the Application, you agree that a Consent Judgment may be entered against you and referred to a collection agency for all fees or costs that are deferred but remain unpaid 30 days after your case ends and a final order, decree, or judgment is issued in your case. You may need to complete and file the Affidavit in Support of Application for Deferral or Waiver of Service of Process Fees (Form No. AOCDFGF3F) to defer or waive service of process and service by publication fees if they were not deferred or waived at the time you filed your initial Application.

 

SSI Benefits Supplemental Security Income (SSI) is NOT the same as regular retirement benefits from the Social Security Administration or Social Security Disability Insurance (SSDI).

Proof Requirements If you receive government benefits, you must provide proof showing your name as the benefit’s recipient and the name of the agency that provides the benefit.

Reminder Notify the court if your financial situation changes during your case. You may be ordered to pay any amounts that were waived or deferred if the court finds you are no longer eligible.

Definition A consent judgment is a way for the court to collect unpaid court fees that are due 30 days after your case ends and there is a final order, decree, or judgment in your case.

 

2. Reviewing Application and Making a Ruling

The clerk or hearing officer will review your Application and make a determination in the Order on Application for Deferral or Waiver of Court Fees or Costs. This determination might occur at the time you file or at a later date. If a waiver is granted, you do not have to pay the filing fees. You are done with the process. If a deferral is granted, the court may set a payment plan or your payments may be postponed to a later date. Remember to make your payments on time to avoid a Consent Judgment entered against you. If your application is denied or a payment plan is set by a special commissioner, you may request the decision be reviewed by a judicial officer by filing a Request and Order for Hearing (Form No. AOCDFGF12F) within 20 days of when the order was mailed or delivered to you.

 

If Your Case Is Dismissed If your case is dismissed for any reason, you are still responsible to pay the fees and costs due.

Payment Due Date If you request a hearing, payments will be on hold until the judicial officer makes a decision.

 

	3. Issuing a Final Order, Decree, or Judgment When Case Ends
When your case ends, the court will issue a final order, decree, or judgment. The date on your court order is important. That is when the clock starts to pay your deferred court fees. Unpaid court fees are due within 30 days of the date of the final order, decree, or judgment.

 

	4. Receiving the Notice of Court Fees Due
You will receive a Notice of Court Fees and Costs Due from the court when there is a final order, decree, or judgment in your case. The Notice will tell you: How much money you owe When the money is due What steps to take to avoid a Consent Judgment entered against you

 

Amount Due Questions If you have questions about how the amount due was calculated, you can ask a clerk for an itemized statement at no cost to you.

Payment Due Date Unpaid court fees are due within 30 days of the date of the final order, decree, or judgment.

 

5. Avoiding a Consent Judgment

You must take certain steps before the due date to avoid a Consent Judgment entered against you. Option A: If you can, pay the amount due in full. Option B: Establish a payment plan with the clerk and make timely payments. Option C: If your financial situation has not changed, complete and file a Supplemental Application for Deferral or Waiver of Court Fees and Costs (Form No. AOCDFGF9F) Option D: If you want a hearing officer to review how the amount due was calculated, complete and file a Request and Order for Hearing (Form No. AOCDFGF12F)

 

Important If you do nothing by the due date, the court may enter a Consent Judgment against you. A Consent Judgment may appear on your credit report.

Payment Due Date If you file a Supplemental Application or request a hearing, payments will be on hold until the judicial officer makes a decision.

Appealing Your Case If you appeal your case, the lower court’s deferral or waiver remains in effect unless there is a change in your financial circumstances. You may have to submit a new application.

Due Date if Appealing Your Case Unpaid court fees are due 30 days after the appeals process ends.

 

	6. Reviewing Supplemental Application and Making a Ruling
The court will review your Supplemental Application and make a ruling in the Order on the Supplemental Application. If your application is denied or a payment plan is set by a special commissioner, you may request the decision be reviewed by a judicial officer by filing a Request and Order for Hearing (AOCDFGF12F) within 20 days the order was mailed or delivered to you.

 

Due Date if Denied If your Supplemental Application is denied, full payment is due within 20 days.

Requesting a Hearing If you request a hearing, the court may not enter a Consent Judgment and payments will be on hold until the hearing takes place.

 

	7. Holding a Review Hearing
A hearing will be held with a judicial officer if requested because: you disagree with how the amount due was calculated, your Supplemental Application was denied, a special commissioner set a payment plan in the Order on the Supplemental Application. The judicial officer will make a ruling in the Order on the Supplemental Application (After Hearing).

 

Due Date if Denied If your Supplemental Application is denied after the hearing, full payment is due within 20 days.

If Amount Due Is Paid Later If a consent judgment is entered and you pay the amount due later, the court must record a satisfaction of judgment with the county recorder.