In Forma Pauperis Pennsylvania: Fee Waivers for Small Claims Court

What In Forma Pauperis Means

In Forma Pauperis — IFP for short — is a petition asking the court to waive filing fees because you cannot afford them. In Pennsylvania small claims, filing costs range from about $58 to $127 at a Magisterial District Court, and $94.75 to $116.75 at Philadelphia Municipal Court. Those fees do not include service costs, which add another $20 to $75 depending on the method. For someone pursuing a claim under financial hardship, those numbers can block access to the court entirely.

An IFP waiver covers court filing fees, automation surcharges, and court-arranged service fees. It does not cover costs you incur on your own, like mailing expenses or photocopying documents.

Who Qualifies

Through October 31, 2026, there is no fixed income cutoff published statewide for MDJ IFP petitions, and the judge reviews each application individually. Starting November 1, 2026, Pa.R.J.A. 1990 sets statewide eligibility routes: receipt of needs-based public assistance; gross income at or below 200% of the federal poverty guidelines for household size with assets below $10,000 (excluding the applicant's home and one vehicle); or substantial financial hardship based on income, assets, expenses, dependents, and other relevant factors. A party represented by an attorney providing free legal services can also receive a waiver through counsel's praecipe.

Under the current process through October 31, 2026, the court looks at:

• Gross monthly household income from all sources
• Liquid assets (checking and savings accounts)
• Real property ownership
• Outstanding debts and obligations
• Monthly essential expenses: rent, utilities, food, medical costs, transportation

You do not need to be unemployed. People with low-wage jobs, fixed incomes, or temporary financial hardship (such as medical bills or job loss) file successful IFP petitions regularly.

How to File the Petition

Download the IFP petition form from PALawHELP.org or the UJS forms portal at pacourts.us. The form asks you to fill out a sworn affidavit listing your income, assets, debts, and expenses.

Through October 31, 2026, file the completed petition with the Magisterial District Court clerk before or at the same time as your Civil Complaint. Under the rules effective November 1, 2026, file the waiver application at the same time as or after the action begins, not before. In Philadelphia, submit it to the First Filing Unit at 1339 Chestnut Street. Keep supporting information available; under the new rule, the court may request supplemental information if needed.

The judge reviews the petition, sometimes the same day, sometimes within a few business days. For applications under the rules effective November 1, 2026, the court should enter its order within 20 days. If approved, the clerk processes your complaint without collecting fees. Under the current process, a denial order gives you a specific payment deadline, typically 10 to 20 days. For applications under the new rules, the order gives you 30 days after notification to pay; if the fee remains unpaid and you do not appeal, the action is terminated.

Scope and Limits

Through October 31, 2026, an IFP waiver granted at the Magisterial District Court level does not carry over to an appeal in the Court of Common Pleas, where you must file a new petition. Under the rules effective November 1, 2026, waivers granted on financial-resource or substantial-hardship grounds continue through appeal unless the order limits the waiver or the court later modifies or vacates it.

The waiver also does not affect your opponent's costs. If you lose and the judge awards costs to the other side, the IFP status does not shield you from that liability.

Filing on a Budget

Even without IFP, there are ways to keep costs down. Certified mail service is cheaper than constable service — roughly $20 to $35 versus $35 to $75. Filing at the lower claim tiers costs less: claims under $500 start at a $30 statutory base fee. And if you are a tenant suing a landlord for a security deposit, the statutory double damages under 68 P.S. § 250.512 may recover more than enough to offset the filing costs you paid upfront.

The Pennsylvania small claims filing guide includes a filing fee calculator worksheet that tallies the exact costs for your claim tier, county surcharges, and service method so you can see the total before you file.

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