Wisconsin Small Claims Court Fee Waiver: How to File Form CV-410A

Who Can Apply for a Fee Waiver

Any person who cannot pay court fees because of poverty can petition the court for a waiver under Wis. Stat. § 814.29. CV-410A Section 1 lists qualifying public benefits, including SSI, FoodShare, and Medical Assistance; the form says the court shall grant a petition when Section 1 is completed for purposes of § 814.29(1)(a). Otherwise, complete Section 2; the court considers household size, income, expenses, assets, debts, and federal poverty guidelines.

If you do not receive a listed benefit, the court reviews the financial information in Section 2 to determine whether poverty prevents you from paying the fees. The form does not set a 125% of poverty-guidelines cutoff.

What the Fee Waiver Covers

If your petition is approved, the court waives:

• The applicable filing fee: $94.50 outside Milwaukee County or $98 in Milwaukee through October 31, 2026; $124 or $131.50, respectively, from November 1
• Clerk mail service charges ($2–$15 per defendant through October 31, 2026; then $7 per defendant plus postage if certified mail is required)
• Sheriff service costs
• The $35 eFiling fee if you're filing electronically

The waiver does not cover your personal expenses like transportation to the courthouse, photocopies, or lost wages from time off work.

How to File: Form CV-410A

The petition is Form CV-410A — officially titled "Petition for Waiver of Fees and Costs — Declaration of Indigency." You can download it from wicourts.gov under Circuit Court Forms.

The form asks you to provide:

• Your monthly income from all sources (employment, benefits, support payments)
• Your monthly expenses (rent, utilities, food, medical, childcare, transportation)
• Your assets (bank accounts, vehicles, real property)
• Your debts and financial obligations
• Whether you receive any means-tested public benefits

Fill it out completely — judges are less likely to approve petitions with blank sections or vague answers. If you receive public benefits, attach proof (an award letter or benefits statement) since that's strong evidence of financial need.

Filing the Petition

Submit Form CV-410A with your SC-500 (Summons and Complaint). The request is not granted until the court issues an order; do not treat the fees as waived while the petition is pending.

A Circuit Court Judge reviews the petition. The review can happen:

• On paper, without a hearing (most common for straightforward cases)
• At a brief hearing where the judge asks follow-up questions about your finances

If approved, the judge signs Form CV-410B (Order on Petition for Waiver of Fees and Costs), and the listed filing and service fees are waived or deferred. If denied, the clerk will notify you and you'll need to pay the filing fees to keep your case active.

Tips for a Stronger Petition

Be specific about your financial situation. "I can't afford it" is less persuasive than "My monthly income is $1,800 from SSI, my rent is $950, and I have $127 in my bank account." Attach supporting documents — bank statements, pay stubs, benefits letters — even though the form doesn't strictly require them.

If your financial situation changes after you request a waiver, CV-410A requires you to notify the court immediately.

What If the Petition Is Denied

A denied petition isn't the end. You can:

• Pay the fees and proceed with your case normally
• Ask the judge to reconsider if your circumstances have changed
• Resubmit with more complete financial documentation

The denial doesn't affect the merits of your small claims case at all — it only means the court determined you can afford the filing costs.

For a complete guide to filing a Wisconsin small claims case — including fee worksheets, deadline tracking, and step-by-step form instructions — see our Wisconsin Small Claims Filing Guide.

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