Arizona Small Claims Court Fee Waiver — How to Apply

Two Paths: Waiver vs. Deferral

Arizona distinguishes between a fee waiver (permanent forgiveness) and a fee deferral (postponement). Both use the same primary form — AOCDFGF1F (Application for Deferral or Waiver of Court Fees or Costs and Consent to Entry of Judgment) — but they have different eligibility requirements and consequences.

Fee waiver means you never pay the filing fee. To qualify, you must be receiving Supplemental Security Income (SSI). You'll need to attach your SSI award letter. Regular Social Security retirement benefits and SSDI do not qualify for a waiver on their own.

Fee deferral means the fee is postponed, not forgiven. You qualify if you receive TANF, SNAP (food stamps), are represented by a non-profit legal aid organization, or your gross household income is at or below 150% of the Federal Poverty Guidelines. The court defers the fee, but it doesn't disappear.

The Consent-to-Judgment Clause

Form AOCDFGF1F includes a provision that trips up many applicants: by signing, you consent to a judgment entered against you for the deferred fee amount if it remains unpaid 30 days after the court issues a final judgment or order. That means the court can send the unpaid fee to a collection agency.

This applies only to deferrals, not waivers. If you qualify for a full waiver, there's nothing to collect. But if you're deferring and your case takes months, you'll owe the filing fee 30 days after the case concludes — win or lose.

Covering Service Costs

The main fee application covers court filing fees only. If you also need the court to defer the cost of having a constable or sheriff serve your papers, file the supplemental form AOCDFGF3F (Affidavit in Support of Application for Deferral or Waiver of Service of Process Fees).

This is a separate filing — forgetting it means you've deferred the court fee but still owe the service fee upfront.

How to Apply

Submit Form AOCDFGF1F (and AOCDFGF3F if needed) at the same time as your small claims complaint. Attach supporting documentation:

• SSI award letter (for waiver)
• TANF or SNAP benefit verification (for deferral)
• Pay stubs or income documentation showing you're at or below 150% FPG (for deferral)
• Legal aid representation letter (if applicable)

The court clerk reviews the application and either approves or denies it. If approved, your complaint is filed without upfront payment. If denied, you'll need to pay the standard filing fee before the complaint is accepted.

What Fees Are Covered

The waiver/deferral covers court filing fees and, with the supplemental form, service of process costs when served by a constable or sheriff. It does not cover private process server fees, certified mail postage, or any costs you incur preparing your case.

The Arizona Small Claims Filing Guide walks through the fee waiver application as part of the filing process, so you can handle it in sequence with your complaint.

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