Missouri Small Claims Court Fee Waiver
Base filing fees in Missouri small claims court run from $20.50 to $45 depending on the county; most counties add a $3.50 surcharge, and service costs are separate. That is not a lot of money unless you are already struggling — and if the reason you are filing is that someone owes you money, you might not have the cash on hand. Missouri allows fee waivers for people who qualify.
The In Forma Pauperis Process
"In forma pauperis" (IFP) is the legal term for proceeding as a person who cannot afford court costs. In Missouri, it is governed by RSMo § 514.040 and Supreme Court Rule 77.03. The process involves a form, financial documentation, and a judge's decision.
Step 1: Fill out Form GN10. This is OSCA's "Motion and Affidavit in Support of Request to Proceed as a Poor Person." It asks for your income, expenses, assets, and dependents. You sign it under oath, so everything on it must be accurate.
Step 2: Attach financial documentation. Pay stubs, W-2s, tax returns, bank statements, and proof of any public assistance you receive — TANF, SSI, SNAP, Medicaid. The more specific the documentation, the stronger the application. A judge who has to guess about your finances is more likely to deny the motion.
Step 3: Submit with your petition. File Form GN10 and your supporting documents alongside your SC40 petition at the Associate Circuit Clerk's office.
Step 4: Judge's ruling. An Associate Circuit Judge reviews your financial disclosures and decides the request. If approved, the clerk's advance filing deposit is waived and your case proceeds normally.
Income Thresholds
Missouri does not publish a strict income cutoff for IFP approval. The judge reviews your financial disclosures and ability to pay; there is no single annual income figure that guarantees approval.
Receiving public assistance (TANF, SSI, SNAP) is strong evidence of eligibility, but it is not automatic — the judge still reviews the full picture.
What the Waiver Covers — and What It Does Not
Covered: Approval waives the clerk's advance filing fee deposit. Under RSMo § 514.040, the court may also excuse necessary fees and charges it determines you cannot pay.
Not covered:
- Private process-server charges and other third-party expenses are not automatically covered
- Costs assessed against you if you lose
The waiver gets you through the courthouse door. It does not make the entire case free. If you cannot afford sheriff service, ask the court whether its order will waive that cost. Private process-server charges and other third-party expenses are not automatically covered.
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If the Waiver Is Denied
If the judge denies your GN10 motion, you typically get 10 to 14 days to pay the standard filing fee. If you do not pay within that window, the petition is dismissed — though you can refile later (assuming the statute of limitations has not run).
If you are denied, the filing fee plus certified mail service for a single defendant is roughly $34 to $64 in counties that charge the $3.50 surcharge — a meaningful amount, but small relative to the money you are trying to recover.
For the complete filing walkthrough, including a breakdown of every cost and how to recover them in your judgment, see our Missouri Small Claims Filing Guide.
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