Affidavit of Indigency Massachusetts: How to Get Court Fees Waived

What the Affidavit of Indigency Does

Small claims filing fees in Massachusetts range from $40 to $150, with a $7 service fee for the Tyler Guide & File interview. If you can't afford those fees, an Affidavit of Indigency under M.G.L. c. 261, §§ 27A–27G asks the court to waive them entirely. It covers the filing fee, and you can request a waiver for additional court costs (like service fees) through a Supplement to Affidavit of Indigency.

The affidavit lets you ask for waiver, substitution, or state payment of fees and costs involved in the proceeding. For additional or unusual costs, list what you are asking the court to cover on a Supplement to Affidavit of Indigency.

Who Qualifies

Three eligibility categories:

Category A — Public assistance recipients. If you receive MassHealth (Medicaid), SNAP, TAFDC, EAEDC, SSI, or Massachusetts veterans' benefits, you qualify automatically. The clerk-magistrate approves the waiver when you show proof of benefits.

Category B — Income at or below 125% of the federal poverty guidelines. The court compares your income after taxes with the current court poverty guidelines for your family size. For a single person in 2026, the threshold is $19,950 per year. The court updates the guidelines annually.

Category C — Inability to pay and meet basic needs. If you cannot pay court fees without depriving yourself or your dependents of necessities such as food, shelter, or clothing, you can still qualify. You must also submit a Supplement to Affidavit of Indigency explaining your circumstances.

Who does not qualify: Corporations, LLCs, and non-indigent sole proprietorships cannot file the Affidavit of Indigency. Business entities pay the full filing fee.

How to File

Submit the Affidavit of Indigency at the same time you file your Statement of Small Claim. The form asks for:

• Your income sources and amounts
• The number of people in your household
• Public assistance programs you receive
• Monthly expenses for housing, food, transportation, and medical care
• An explanation of why paying the fees would be a hardship (Category C)

If you file online through eFileMA, you upload the completed affidavit as part of your filing envelope. If you file in person or by mail, attach it to the Statement of Small Claim.

What Happens After You Submit

The clerk-magistrate reviews the affidavit. Category A applicants with proof of benefits are typically approved on the spot. For Categories B and C, the clerk may ask follow-up questions or request supporting documents (pay stubs, benefit letters, bank statements).

If approved, the fee is waived and your case proceeds as normal. If the clerk cannot approve the request, it may be referred to a judge. If the court denies it, the filing fee is due within five days of the denial; follow the court's instructions for payment.

A denied fee waiver does not decide the merits of your claim, but you must pay the filing fee within the court's deadline for the case to proceed.

Timing Matters

File the affidavit with your initial claim. If you discover mid-case that you need additional costs waived (such as constable service fees after mail service fails), use the Supplement to Affidavit of Indigency. A judge reviews the supplement.

For a complete walkthrough of the filing process — including how the fee waiver fits into the sequence of forms, service, and hearing preparation — see our Massachusetts Small Claims Filing Guide.

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