Kentucky Small Claims Court Fee Waiver: How to File Form AOC-026

Who Qualifies for a Fee Waiver

Kentucky allows people who cannot afford court fees to request a waiver under KRS 453.190 and Civil Rule 5.05(4). This applies to small claims cases just as it does to other civil matters. The legal term is "proceeding in forma pauperis," which means the court permits you to file without paying upfront costs.

Under KRS 453.190(2), a "poor person" has income at or below 100% of the Kentucky Supreme Court's sliding scale of indigency, or cannot pay the proceeding's costs and fees without depriving themself or their dependents of necessities such as food, shelter, or clothing.

Receiving government assistance — SNAP, TANF, SSI, or Medicaid — strengthens your application, but it is not the only qualifying factor. The judge looks at the full financial picture.

How to Apply: Form AOC-026

The application form is AOC-026, officially titled "Motion for Waiver of Costs and Fees and to Proceed In Forma Pauperis; Affidavit; Financial Statement; and Order." You can download it from kycourts.gov or pick up a paper copy at your local Circuit Court Clerk's office.

The form has four main sections:

Motion section. This states your request to proceed without paying fees.

Affidavit section. You swear under oath that the information you provide is true and that you cannot afford the costs.

Financial statement. This is the most detailed section. It asks for your gross monthly income from all sources, a list of government benefits you receive, your monthly expenses (rent, utilities, food, transportation, medical), household assets (bank accounts, vehicles, property), and outstanding debts.

Order section. Left blank for the judge to fill in — either granting or denying the waiver.

You must sign the affidavit before a notary public or a deputy circuit court clerk. Most people sign it at the clerk's counter when they file.

What the Waiver Covers

If the court grants your motion, KRS 453.190(1) allows you to proceed without paying costs and provides needful services and process from officers without fees, including sheriff service.

The waiver also does not cover costs you incur outside the court system, such as copies, postage for your demand letter, or travel to the courthouse.

What Happens if the Waiver Is Denied

If the judge denies your motion, CR 5.05(4) gives you 30 days to pay any required fees and costs or appeal the denial.

This 30-day window is critical. If you neither pay the required fees and costs nor appeal within 30 days, your complaint is treated as not timely filed. Depending on how close you are to the statute of limitations deadline for your claim, that could permanently bar your case.

Pay the required fees and costs or appeal the denial within 30 days to preserve the filing date. Do not rely on a new application to preserve that deadline.

Timing: When to File the Waiver

Submit Form AOC-026 at the same time you file your Form AOC-175 complaint. The clerk will accept both together — your complaint is treated as filed on the date you submit it, even though the judge has not yet ruled on the waiver.

Do not wait for the waiver decision before filing the complaint. Statutes of limitations do not pause while you wait for approval.

Tips for a Stronger Application

Be thorough on the financial statement. An incomplete form invites a denial. List every source of income, every recurring expense, and every debt. Attach supporting documents if you have them — a benefits letter, a recent pay stub, a bank statement showing a low balance.

Be honest. The form is a sworn affidavit. Overstating expenses or understating income creates legal problems beyond losing the fee waiver.

For a complete walkthrough of the Kentucky small claims filing process — including fee calculations, form instructions, and deadlines — see our Kentucky Small Claims Filing Guide.

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