Affidavit of Indigency

Create an Affidavit of Indigency

Applicant Full Name

Provide your full legal name as it appears on your official identification, such as your driver's license or passport. This includes your first name, middle name (if applicable), and last name. Using your correct legal name is important for accurate processing of this document and to avoid any legal issues later.

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What is an Affidavit of Indigency?

An Affidavit of Indigency is a legal document utilized by individuals who claim that they do not possess the financial resources necessary to pay for court costs or fees associated with legal proceedings. This affidavit serves as a formal statement, made under oath, detailing the person's income, assets, debts, and any other financial obligations. The purpose of this document is to demonstrate to the court that the individual's economic status qualifies them for waived or reduced fees, thus ensuring access to legal processes without the barrier of cost. Typically, those facing criminal charges or involved in civil matters who cannot afford representation or court fees would need this affidavit to seek relief from such expenses.

Key Features

✓Provides a detailed account of an individual's financial situation to assess eligibility for fee waivers.
✓Includes sections for listing assets, liabilities, income, and expenses to offer a comprehensive financial overview.
✓Facilitates a sworn declaration under penalty of perjury, ensuring the information provided is truthful and accurate.
✓Simplifies the process for requesting legal fee waivers, making it accessible for individuals of limited means.
✓Designed to meet court standards for evidence of indigency in both criminal and civil cases.
✓Aids in expediting the indigency hearing process by presenting organized and relevant financial data.

Important Provisions

  • Statement of Income: A detailed list of all sources and amounts of income received by the individual.
  • List of Assets: Includes real estate, vehicles, savings accounts, and any valuable property owned by the declarant.
  • Liabilities and Expenses: Outlines outstanding debts and monthly expenses such as rent, utilities, food, and medical bills.
  • Declaration Under Oath: A clause where the individual affirms that all information provided is true to the best of their knowledge.

Pros and Cons

Pros

  • +Enables financially disadvantaged individuals to access legal services and courts without prohibitive costs.
  • +Streamlines the waiver application process by providing a structured format for presenting financial information.
  • +Enhances credibility with courts through a formalized statement of financial hardship.
  • +Potentially accelerates the adjudication of indigency claims by supplying comprehensive financial details upfront.
  • +Reduces the risk of dismissal due to inability to pay court fees by demonstrating genuine need.

Cons

  • -Requires full disclosure of personal financial information, which might be uncomfortable for some individuals.
  • -The determination of indigency is ultimately at the discretion of the court, with no guarantee of fee waiver approval.
  • -Preparing an accurate affidavit requires careful attention to detail and potentially time-consuming collection of financial records.

Common Uses

  • Requesting a public defender or court-appointed attorney in criminal cases due to inability to afford private counsel.
  • Filing for divorce or other civil litigation when unable to pay filing fees.
  • Appealing against government agency decisions without bearing the full brunt of associated costs.
  • Seeking exemptions from costs related to obtaining court transcripts or other documents necessary for legal defense or appeal.
  • Petitioning for bankruptcy when filing fees are beyond an individual's financial reach.

Frequently Asked Questions

An affidavit of indigency refers to a legal document in which an individual declares under oath their inability to afford court-related costs due to their financial condition. This document is used to request fee waivers from the court.
Qualification criteria may vary by jurisdiction but generally involve demonstrating that one's income is below a certain threshold or insufficient to cover basic living expenses plus court costs.
Upon submission, a judge will review the affidavit at an indigency hearing and decide whether you qualify for fee waivers based on your financial status.
Yes. The opposing party can challenge your claim of indigency. If challenged, you may need to provide additional evidence proving your financial status.

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About this document

An Affidavit of Indigency is a sworn statement used to declare the financial inability of an individual to afford legal fees.

Create an Affidavit of Indigency

This document is designed to comply with the laws of all 50 states.

Published Aug 14, 2025
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Legal Notice: Comments are personal opinions and do not constitute legal advice. Always consult a qualified attorney for matters specific to your situation.