Maryland Court Fee Waiver Form CC-DC-089

Filing a small claims case in Maryland costs $44 before you even pay for service of process. If you can't afford that, Maryland Rules 1-325 and 1-325.1 let you ask the court to waive the upfront fees using Form CC-DC-089.

Who Qualifies

The fee waiver is for people who are indigent — meaning you don't have the income or assets to cover court costs without hardship. Two paths to qualification:

1. Income-based. You file CC-DC-089 disclosing your household income, monthly expenses, assets, and debts. The court reviews whether paying court fees would prevent you from affording basic necessities.
2. Legal aid representation. If an attorney represents you through Maryland Legal Aid, the Office of the Public Defender, or an eligible MLSC-listed pro bono or legal services program, the attorney can request waiver of prepaid costs using Form CC-DC-088 instead of your filing the CC-DC-089 financial affidavit.

There's no hard income cutoff published in the rules — it's a judicial determination based on the full financial picture you present on the form.

What the Waiver Covers (and Doesn't)

A fee waiver under Rule 1-325 waives prepayment of court filing fees. It covers the $44 filing fee and clerk-issued service charges. It does not cover:

• Private process server fees. If you hire someone outside the court system to serve the defendant, that's your expense regardless.
• Witness travel costs. Witness fees for attendance are not waived.
• Costs assessed at the end. A prepayment waiver does not automatically waive court costs assessed at the end of the case. You may also request a final waiver of open costs on CC-DC-089 or, at the end of the case, Form CC-DC-090; the court decides whether to grant it.

How to File

Submit CC-DC-089 at the same time as your complaint (Form DC-CV-001). Unless your case is a restricted case type, also submit Form MDJ-008, Notice Regarding Restricted Information. If you're filing in person, hand the forms to the clerk together. By mail, include them in the same envelope.

The form asks for household size, gross household income and its sources (weekly, monthly, or yearly), property other than your home, one vehicle and personal items, bank balances, debts, and other information showing why you cannot prepay the costs. Fill it out completely — incomplete applications may be denied.

If the Waiver Is Denied

The judge completes the order on page 3 of Form CC-DC-089. If denied, you have 10 days from the date of the order to pay the unwaived costs. If you pay within that window, your complaint is treated as filed on the original submission date — which matters if you're close to the three-year statute of limitations.

If you don't pay within 10 days, your case is not filed. You'd need to start over.

Practical Tips

File the fee waiver early. If your statute of limitations is approaching and you need the fee waiver to afford filing, don't wait until the last week. A denial with a 10-day payment window still protects your filing date, but only if the original submission was before the deadline.

If you qualify for legal aid, contact Maryland Legal Aid at (888) 465-2468 or Maryland Volunteer Lawyers Service at (410) 547-6537 before filing. They may be able to represent you directly, which simplifies the waiver process.

The Maryland small claims filing guide includes a fee waiver preparation checklist to help you gather the financial documents the court requires with your CC-DC-089 application.

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