Mississippi Fee Waiver for Small Claims: How to File In Forma Pauperis

Filing Fees Can Be Waived

Mississippi Justice Court filing costs start at $45 for the clerk's fee plus $35 to $40 for constable service — roughly $80 to $85 before you even see a courtroom. If you cannot afford those fees, Mississippi law provides a formal process to request a waiver so your case is not blocked by cost alone.

The mechanism is called proceeding in forma pauperis, and it works through a document called a Pauper's Affidavit.

What the Pauper's Affidavit Covers

Under Mississippi Code § 11-53-17, an indigent party can file a sworn affidavit declaring they are unable to pay court costs due to poverty. If the Justice Court judge approves it, the court waives the advance deposit on:

• The $45 statutory clerk filing fee (Mississippi Code § 25-7-25)
• Constable or sheriff service fees

The waiver does not automatically cover everything. Third-party costs — a private process server if you choose one, publication fees if service by publication becomes necessary, or the appeal bond if you later need to appeal — are not included unless the judge specifically orders additional relief based on severe financial hardship.

How to File the Affidavit

You submit the Pauper's Affidavit alongside your civil complaint when you file the case. The Mississippi Access to Justice Commission (msatjc.org) provides a template Motion to Proceed In Forma Pauperis that you can download and complete.

The affidavit requires you to swear under oath about your financial situation. Be prepared to disclose:

• Your household income from all sources
• Employment status
• Monthly expenses (rent, utilities, food, medical)
• Assets you own (vehicle, bank accounts, property)
• Any government benefits you receive (SNAP, Medicaid, SSI)

The Justice Court judge or clerk may question you under oath about these details before making a decision. This is not adversarial — the court needs enough information to determine whether you genuinely cannot afford the fees.

What Happens After You Submit

The presiding Justice Court judge reviews your affidavit and either grants or denies the request. The judge may examine you under oath about your financial circumstances before entering an order.

If approved, the affidavit waives the advance deposit of the statutory clerk filing fee and constable service fees.

If denied, the clerk will tell you the fees must be paid before your complaint is processed. You can still file the case — you just need to come up with the $80 to $85 in filing and service costs.

One important warning: if the court later determines that your claim of poverty was false, it can dismiss your case and issue an execution for all accrued costs. Be honest on the affidavit.

Who Qualifies

The judge decides whether your sworn affidavit shows that you cannot pay court costs. The judge may consider your household income, assets, and expenses. Explain your full financial circumstances in the affidavit.

Being employed does not by itself show whether you can afford court costs; include your income, assets, and expenses.

Getting Help with the Application

The Mississippi Legal Services portal (mslegalservices.org) and the Mississippi Volunteer Lawyers Project can help income-qualifying residents complete the Pauper's Affidavit correctly. The Mississippi Access to Justice Commission's self-help resources include the template form and basic instructions.

The Mississippi Small Claims Filing Guide includes the complete filing process from demand letter through hearing preparation, covering both standard filing and the fee waiver path.

Filing fees exist to fund court operations, but they should not prevent someone with a legitimate claim from accessing the justice system. The in forma pauperis process exists precisely for that situation.

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