Tennessee Court Fee Waiver: How to File an Affidavit of Indigency

What the Affidavit of Indigency Does

If you can't afford the court costs associated with your Tennessee General Sessions case — filing fees, sheriff's service fees, subpoena fees, or appeal bond costs — Tennessee law provides a way to have them waived. You file a Uniform Civil Affidavit of Indigency under T.C.A. § 20-12-127 and Tennessee Supreme Court Rule 29.

When approved, the affidavit waives the upfront costs that would otherwise be required before the court processes your filings. This applies to defendants filing counterclaims, requesting subpoenas for witnesses, or appealing a judgment to Circuit Court — situations where fees would otherwise block your access to the court system entirely.

Who Qualifies

Tennessee Supreme Court Rule 29 establishes the income threshold. If your household income is at or below 125% of the Federal Poverty Guidelines, you're presumed indigent. For 2026, the threshold for a single-person household is $19,950 annually, with higher thresholds for larger families.

The presumption works in your favor — the court accepts your indigency unless someone contests it. But even if your income is above the guideline, you can still apply. The form asks about your full financial picture: income, assets, debts, dependents, and essential expenses. A judge may grant a fee waiver to someone above the income threshold if their expenses and obligations leave them genuinely unable to afford court costs.

How to File

Step 1: Get the form. The Uniform Civil Affidavit of Indigency is a standardized statewide form available from any county General Sessions Court Clerk's office. Many clerks have printed copies at the counter. The Tennessee Administrative Office of the Courts (tncourts.gov) also publishes downloadable versions. Help4TN, the Tennessee Alliance for Legal Services' self-help portal, provides an automated chat tool that walks you through filling out the affidavit.

Step 2: Complete the form honestly. The affidavit requires you to list under oath:

• Your monthly income from all sources (employment, benefits, assistance)
• Your monthly expenses (rent, utilities, food, medical, transportation)
• Your assets (bank accounts, vehicles, property)
• Your debts and obligations
• Number of household dependents

This is a sworn document. Misrepresenting your financial situation on the affidavit is perjury. If your income is low but you have substantial assets, list them — the judge can still grant the waiver based on your overall financial picture.

Step 3: File it with the court clerk. Submit the completed affidavit, sworn before a notary or the court clerk as the form allows, with the filing for which you seek a waiver. The judge reviews the affidavit and decides whether to approve the waiver; do not assume costs are waived before approval.

What the Waiver Covers

An approved Affidavit of Indigency waives the advanced costs that would otherwise be due at the time of filing:

• Clerk filing fees for counterclaims or other pleadings
• Sheriff or constable service fees (typically $42 per party served)
• Subpoena issuance and service fees
• Appeal bond costs when appealing to Circuit Court

The waiver does not protect you from ultimate liability for court costs if the judge assesses them against you in the final judgment. If you lose the case, the judge can still include court costs in the judgment amount. The waiver eliminates the upfront barrier, not the potential downstream obligation.

Using the Affidavit for Appeals

This is where the fee waiver matters most for defendants. If you lose in General Sessions Court and want to appeal to Circuit Court for a de novo trial, you normally have to post an appeal bond within the 10-day appeal window under T.C.A. § 27-5-108. The bond secures the Circuit Court costs and can be a meaningful sum that many defendants can't produce on short notice.

Filing an Affidavit of Indigency in lieu of the appeal bond preserves your appeal right without the financial barrier. The 10-day deadline still applies — file both the Notice of Appeal and the indigency affidavit within 10 calendar days of the judgment.

Where to Get Help

If you need assistance filling out the form or understanding whether you qualify:

• Help4TN (help4tn.org / 1-844-HELP4TN): Statewide legal information portal with a self-help chat tool for the indigency form
• Tennessee Free Legal Answers (tn.freelegalanswers.org): Income-eligible Tennesseans can post legal questions to volunteer attorneys
• Legal Aid Society of Middle Tennessee: Serves middle Tennessee counties (las.org / 1-800-238-1443)
• Legal Aid of East Tennessee: Serves east Tennessee counties (laet.org)
• West Tennessee Legal Services: Serves 21 West Tennessee counties, including Shelby, Fayette, Lauderdale, and Tipton (wtls.org)
• Memphis Area Legal Services: Serves Shelby, Fayette, Lauderdale, and Tipton counties (malsi.org)

These organizations have income eligibility requirements for direct representation, but most can help you fill out the Affidavit of Indigency even if you don't qualify for full services.

For the complete process of responding to a Civil Warrant in Tennessee General Sessions Court — including filing counterclaims, preparing evidence, and understanding post-judgment options like appeals — see our Tennessee small claims response guide.

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