Small Claims Court Fee Waiver New York

The $10 to $20 small claims filing fee is modest, but if you're on public assistance or genuinely cannot afford it, New York law lets you apply to file without paying. The fee waiver is authorized by CPLR 1101 and commonly called "Poor Person's Relief"; it is available in every New York court.

Who Qualifies

You may qualify for a fee waiver if you:

• Receive public assistance (SNAP, Medicaid, SSI, TANF, or other government benefits), or
• Lack the financial resources to pay court fees without substantial hardship

There's no fixed income threshold. The court considers your total financial picture — income, assets, expenses, and dependents. Receiving public benefits is the clearest path to approval, but working people with minimal savings and high essential expenses can qualify too.

How to Apply

In NYC Civil Court, use Form CIV-GP-15, the "Fee Waiver Form." The current form is titled "Affirmation in Support of an Application to Waive Court Costs, Fees, and Expenses." Other courts may have their own local forms, but the requirements are similar.

The application is supported by an affidavit or affirmation covering:

• Your monthly income from all sources
• Your assets (bank accounts, property, vehicles)
• Your monthly expenses (rent, utilities, food, medical, transportation)
• The number of dependents you support
• A brief statement about the merit of your small claims case — what you're suing for and why you believe you have a valid claim

Submit the application to the Small Claims Clerk's Office along with your Statement of Claim. The judge reviews it and either grants or denies the waiver.

What the Fee Waiver Covers

If approved, the waiver covers:

• Court filing fees ($10–$20 for regular small claims)
• Postage costs for the clerk's certified mail service
• Stenographic transcript costs if a transcript is needed

The court order specifies which fees and costs are waived. Do not assume it covers:

• Process server fees if certified mail fails and you need personal service
• Witness fees ($15/day plus mileage) if you subpoena witnesses; ask the clerk whether the order covers them
• Photocopying costs for your evidence

What If You're Denied

If the court denies your application, you must pay the filing fee within 120 days of the court's decision or the action will be dismissed. The denial doesn't prevent you from filing — it just means you need to come up with the fee.

If your financial situation changes after a denial (job loss, benefits approval), you can reapply.

What Happens While the Court Reviews Your Application

Submit the fee waiver application with your Statement of Claim. The judge reviews the request and may ask for more financial information before deciding. The court's order specifies which fees and costs are waived; ask the clerk about case scheduling while the application is pending.

Our Filing a Small Claims Case in New York guide walks through the fee waiver application step by step, including what to write in the merit statement and how to present your financial situation effectively.

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