Affidavit of Indigency if you can't afford Massachusetts court costs

If you need to go to court in Massachusetts, but you cannot afford the fees and costs of your case, you may not have to pay them. The court can "waive" (not charge) the fees, and have the state pay other costs.

You must fill out a form called an Affidavit of Indigency. You may also need to use the Supplement to the Affidavit of Indigency. If the court clerk or a judge approves your forms, you will not have to pay the court fees and costs.

These forms are only for Massachusetts courts. Federal courts have different forms and different rules.

This article answers common questions about Affidavits of Indigency in Massachusetts. If you are ready to fill out and file an Affidavit of Indigency with the court, see How to fill out an Affidavit of Indigency. You can also download this article as a PDF booklet in 6 languages.

Note

The court will not pay for your lawyer. Visit Find a Lawyer to search for free or low-cost legal aid.

You should not have to pay court costs if any one of the following categories applies to you:

Category A

You get any of these benefits:

• Transitional Aid to Families with Dependent Children (TAFDC);
• Emergency Aid to Elderly, Disabled or Children (EAEDC);
• Supplemental Security Income (SSI);
• MassHealth;
• Massachusetts Veterans Benefits Programs.

Category B

Your household income is less than 125% of the current Federal Poverty Guidelines. Use the income your household gets after you subtract taxes.

Category C

You cannot pay court costs and pay for basic needs like food, shelter and clothing. If you have to choose between paying court costs or your basic needs, your income is low enough.

If the court approves your Affidavit of Indigency, they can waive or get the state to pay two kinds of costs – Normal fees and costs and Extra fees and costs.

The court cannot pay for your lawyer.

Normal fees and costs

Normal fees and costs are those that everyone must pay in the kind of case you are involved in. They include:

• Court filing fees and surcharges.
• Fees for photocopies, issuing, or certifying papers.
• Fees to a constable or sheriff for serving court papers.
• Fees for witness or document subpoenas.
• Costs of publishing notices for your case, and
• Appeal fees and surcharges.

Extra fees and costs

If you have costs and fees that are not considered normal costs and fees, they are “extra costs and fees.”

Examples of extra fees and costs are:

• Costs of expert testing, examination or testimony.
• Costs of taking a deposition of witnesses.
• Cost of requesting a recording of your hearing if you appeal your case.
• Appeal bonds.

Yes. Your Affidavit of Indigency is confidential. The only people who can see it,and the waiver you get from the court, are you, your lawyer and the people the court pays, like:

• Authorized court personnel,
• The sheriff or constable that serves your notice, or
• The billing department at the newspaper if you need to publish your notice.

The court must have written permission to show or send copies of your forms to anyone else. If you need someone else to see your form or the fee waiver, write to the court. Name the person in your letter and give the court permission to show or send the person copies. Give a copy of your letter to the person you need to see these forms.

You do not have to give copies of your form or fee waiver to anyone else in your case. If another party in the case wants to see these documents, they must get a court order.

1. Complete the Affidavit of Indigency and sign it.
2. File your Affidavit of Indigency with the clerk of the court.
3. If you check Category (C) on the Affidavit, you also need to fill out and file the Supplement to Affidavit of Indigency.