In Forma Pauperis in Louisiana: How to Get Court Fees Waived
Filing fees in Louisiana small claims court run between $35 and $150, and that's before you factor in service costs and potential transfer fees. If you're being sued and can't afford to file a response, the In Forma Pauperis (IFP) process lets you defer those costs.
What IFP Does
An approved IFP order under La. C.C.P. Arts. 5181–5188 waives the upfront court fees you'd otherwise need to pay when filing an answer, a reconventional demand, a motion for transfer, or other responsive pleadings.
It covers clerk filing fees, service costs (sheriff or marshal fees for serving documents), and in some cases, costs associated with subpoenaing witnesses.
What IFP Does Not Do
IFP is a fee deferral, not a debt elimination. It waives upfront costs, but if you lose the case, the judge can assess all accrued costs against you in the final judgment. The waiver doesn't change the outcome of the case, only who pays when.
IFP also doesn't provide you with a lawyer. You're still representing yourself unless you qualify for legal aid assistance separately.
How to Apply
File a Motion to Proceed In Forma Pauperis with the court clerk. The motion requires two supporting documents:
A financial affidavit. This is a sworn statement detailing your income, assets, debts, and monthly expenses. Most courts have a standard form, or you can use the Louisiana Supreme Court Appendix 8.0 form. Be thorough and honest — the judge reviews this to determine whether you genuinely can't afford the fees.
A supporting affidavit from a third party. Louisiana IFP applications require a second person to attest to your financial hardship. This could be a family member, a social worker, or anyone familiar with your financial situation who can sign an affidavit confirming what you've stated.
Submit both documents to the clerk along with your responsive pleading (your answer to the lawsuit). The judge reviews the application and either approves or denies it.
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Who Qualifies
Louisiana doesn't set a fixed income threshold for IFP in the statute. The judge evaluates your financial circumstances based on the affidavit; the 125% Federal Poverty Level thresholds used by legal aid organizations are not an IFP cutoff.
Even if your income is above legal aid eligibility limits, you may still qualify if your expenses, medical costs, or other debts leave you unable to pay court fees without sacrificing necessities. The judge weighs the full picture.
File Before the Deadline
The IFP motion doesn't pause the applicable answer deadline or excuse a JP trial date stated in the citation. File your IFP application and written answer by the deadline when an answer is required. The standard answer period is 10 days; service through the Secretary of State has a 15-day answer period on regular City Court and JP dockets under La. C.C.P. Arts. 4903 and 4920. Baton Rouge City Court's published small-claims citation gives 15 days for Secretary-of-State service and 30 days for Long-Arm service. If the court approves your IFP motion, you won't have to pay the filing fee upfront. If it's denied, the clerk will tell you how much you owe; the IFP ruling does not change the answer deadline.
Never wait for an IFP ruling before filing your response. The deadline keeps running.
Free Legal Aid as an Alternative
You may also qualify for free legal representation through one of Louisiana's legal aid organizations:
- Southeast Louisiana Legal Services (SLLS) covers 22 southeastern parishes (Greater New Orleans, Baton Rouge, the Northshore). Income cap: 125% of the Federal Poverty Level ($19,950 for an individual or $41,250 for a family of four in 2026).
- Acadiana Legal Service Corporation (ALSC) covers 42 central, western, and northern parishes (Lafayette, Lake Charles, Alexandria, Shreveport, Monroe). Same income cap.
These organizations prioritize family law, domestic violence, and eviction defense, so availability for small claims matters varies. But they can sometimes provide brief legal consultations or help you prepare your answer even if they can't represent you at the hearing.
For a complete walkthrough of the response process including fee waivers and filing instructions, see the Louisiana Small Claims Response Guide.
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