Ohio Small Claims Court Fee Waiver: How to Apply Under R.C. 2323.311

Filing fees vary by court and number of defendants. For example, Erie County's base small-claims filing fee is $75 plus $10 for each additional defendant, while Franklin County's is $92 plus service charges. A counterclaim, transfer, or objection may carry a separate fee. When you cannot prepay, Ohio law provides a fee waiver process under R.C. 2323.311.

Who Qualifies

The fee waiver uses income and asset thresholds:

• Income and asset threshold. If your gross household income is at or below 187.5% of the Federal Poverty Level, and your monthly expenses equal or exceed your liquid assets, the court must grant the waiver.
• Public benefits presumption. If you receive means-tested benefits — SNAP, SSI, Medicaid, Ohio Works First, or Veterans Pension Benefits — qualification is presumed.
• Discretionary grants. Courts can waive fees for applicants whose income exceeds the threshold if they demonstrate severe financial hardship.

How to Apply

You need to complete Supreme Court Form 20 — the Financial Disclosure / Fee Waiver Affidavit and Order. The form asks for:

• Your household's gross monthly income from all sources
• Public assistance benefits you receive
• Liquid assets (bank accounts, cash on hand)
• Monthly living expenses (rent, utilities, food, medical, transportation)

Submit the completed affidavit along with whatever filing you need — the counterclaim, the motion to transfer, the objection. Here is the critical part: the Clerk of Court must accept your filing immediately upon receiving the affidavit. The clerk cannot refuse to file your documents or delay them while waiting for a judge to rule on the waiver.

What Happens After You Apply

The affidavit goes to a judge or magistrate for review. Three outcomes are possible:

1. Granted. The court waives or defers the advance deposit. Court costs may still be assessed at final judgment.
2. Denied with a 30-day grace period. Under R.C. 2323.311(B)(4), the court must give you 30 days from the date of the denial order to pay the required fees. The clerk cannot dismiss your filing during that window.
3. No payment during the grace period. If you do not pay within the 30-day window, the filing may be dismissed for non-payment.

Common Situations for Defendants

Fee waivers are not just for plaintiffs filing complaints. As a defendant, you may need one for:

• Counterclaim filing fees. Erie County charges $100 for a counterclaim. Franklin County charges $20 plus service fees. If you cannot afford the fee, the waiver applies.
• Transfer fees. Moving a case to the regular civil docket costs $35 in Franklin County. The waiver covers this.
• Objection filing fees. Objecting to a magistrate's decision under Civil Rule 53 may require a filing fee, depending on the court.

Tips for a Stronger Application

• Fill in every section of Form 20. Incomplete applications invite denial.
• Attach documentation — a recent pay stub, a benefits letter, or a bank statement showing your balance. The form does not always require attachments, but evidence of your financial situation strengthens the application.
• Be honest. The court uses the affidavit to decide eligibility, so complete it accurately.

For a full guide to the defendant process in Ohio small claims — deadlines, counterclaims, evidence preparation, and post-decision options — see the Ohio Small Claims Response Guide.

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