Fee Waiver for Small Claims Court in Tennessee: The Indigency Affidavit

General Sessions filing fees in Tennessee run anywhere from $125 in rural counties to over $270 in Hamilton County. If that cost is a barrier, the Uniform Civil Affidavit of Indigency lets you file your case without paying upfront — and it is available in every county.

What the Affidavit Does

The Uniform Civil Affidavit of Indigency (sometimes called the Pauper's Oath) is a standardized form approved by the Tennessee Supreme Court. When a judge approves it, the clerk issues your Civil Warrant and arranges service without requiring you to pay the filing fee or sheriff service costs at the time of filing.

It does not eliminate court costs permanently. If you win, court costs are taxed to the defendant. If you lose, you may still owe them — but the upfront barrier is removed.

How to Get the Form

Two sources:

1. The General Sessions Court Clerk's office in your county — ask for the Uniform Civil Affidavit of Indigency at the counter
2. tncourts.gov — the Tennessee Administrative Office of the Courts hosts a downloadable PDF in their self-help forms section

The form is the same statewide. Unlike the Civil Warrant, which varies by county, the indigency affidavit is a uniform document.

What the Form Asks

The affidavit requires detailed financial disclosures:

• Gross monthly income from all sources (employment, benefits, disability, child support)
• Liquid assets — checking and savings account balances
• Real property — home ownership, land
• Personal property of significant value — vehicles, equipment
• Monthly expenses — rent, utilities, food, transportation, medical, debt payments
• Number of household dependents

You sign the form under oath and penalty of perjury. Falsifying information on the affidavit is a criminal offense, so report your finances accurately.

The Approval Process

After you complete and sign the form, submit it to the General Sessions Clerk alongside your Civil Warrant. The clerk passes it to the presiding judge, who reviews your financial disclosures and either approves or denies the request.

The presiding judge reviews your financial disclosures and approves or denies the request. Confirm with the clerk whether your county requires any additional step. If approved, the clerk processes your filing and arranges service without upfront payment. If denied, you will need to pay the standard filing fee before your case moves forward.

Approval is not automatic: the judge evaluates the financial disclosures. Complete the form carefully and report your finances accurately.

What Fees Are Covered

An approved indigency affidavit typically covers:

• The clerk's filing fee
• Sheriff service costs for the Civil Warrant

It does not cover fees charged by private process servers, costs for obtaining copies of documents from third parties, or expenses for expert witnesses. Those remain your responsibility.

Timing

Submit the affidavit with the Civil Warrant so the judge can decide the request before process is issued. If you have already paid, ask the clerk whether any relief is available.

If You Are Denied

If the judge denies your affidavit, you have a few options:

• Pay the filing fee by whatever means available — some counties accept credit cards, which at least spreads the cost
• Ask a legal aid organization for help — Legal Aid Society of Middle Tennessee, Legal Aid of East Tennessee, West Tennessee Legal Services, and HELP4TN all assist low-income residents with civil matters and may be able to cover costs or represent you directly

For the full filing process — including how to minimize costs, choose the right county, and prepare your case — see our Tennessee Small Claims Filing Guide.

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