Louisiana Small Claims Fee Waiver In Forma Pauperis

The statutory filing fee in Louisiana city court small claims divisions is $35 per defendant, though local costs may add to the amount due. That is still real money when you are already struggling to recover what you are owed. If you cannot afford the upfront court costs, Louisiana allows you to apply for in forma pauperis (IFP) status to defer them.

What In Forma Pauperis Means

In forma pauperis — Latin for "in the manner of a pauper" — is a statutory procedure under CCP Articles 5181–5183 that lets indigent litigants file a lawsuit without paying court costs in advance. It applies to small claims cases in both city court divisions and JP courts.

The critical distinction: IFP status is a deferral, not forgiveness. The court waives the upfront payment so you can proceed with your case, but costs are still assessed at the end. If you win, the defendant pays the court costs. If you lose, the costs are charged to you — and a judgment for those costs can be entered against you.

How to Apply

The IFP application has two parts:

Your affidavit of poverty. You file a signed, sworn affidavit detailing your income from all sources, assets (bank accounts, property, vehicles), liabilities (debts, rent, child support), and monthly living expenses. This is not a form where you check a box — you are making a sworn statement under penalty of perjury about your financial situation.

A supporting affidavit from a third party. A second person — someone who knows your financial circumstances — must sign a separate affidavit attesting that you are unable to pay court costs. This witness cannot be your attorney (if you have one). It is typically a family member, employer, social worker, or minister.

Both affidavits are presented to the duty judge or justice of the peace for review. In urban courts like Baton Rouge City Court or New Orleans First City Court, local rules often require you to appear in person during morning duty hours for financial questioning. The judge may ask you about your income, why you cannot afford the filing fee, and whether you have explored other options.

What IFP Covers

An approved IFP order typically defers:

• The initial statutory filing fee ($35 per defendant in city court small claims)
• Service of process fees (sheriff, constable, or certified mail costs)
• Subpoena fees for compelling witness attendance

It does not cover the cost of obtaining documents from third parties (medical records, repair estimates) or transportation to court. And as noted above, if you lose the case, all deferred costs are assessed against you in the final judgment.

Tips for a Successful Application

Be thorough and honest in your affidavit. Judges deny IFP applications when the numbers do not add up — if you claim zero income but your bank statements show regular deposits, the application will be questioned. List all sources of income, including government benefits, informal work, and family support.

File the IFP application at the same time as your petition. Some courts will not process your case at all until either the filing fee or an approved IFP order is on file.

If your IFP application is denied, you must pay the standard filing fee to proceed. The denial does not prevent you from filing — it just means you need to come up with the money.

The Louisiana Small Claims Filing Guide includes the full IFP procedure alongside the standard filing process, so you know exactly which documents to prepare regardless of your financial situation.

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