Filing a court case in California can be expensive. Superior court filing fees typically range from $435 to $450 for unlimited civil cases, plus additional costs for jury fees, court reporter fees, and service of process. For low-to-moderate income Californians, these fees can be a barrier to accessing justice.
The good news: California law allows you to request a fee waiver if you can't afford court costs. The process is straightforward, and if approved, you can have your filing fees, court costs, and related expenses waived entirely.
This guide walks you through exactly how to get a court fee waiver in California, step by step.
What Is a California Court Fee Waiver?
A California court fee waiver allows you to file court documents and access court services without paying fees if you meet certain income or financial hardship requirements. The waiver is governed by California Rules of Court, Rule 3.51, and processed using the FW-001 form series.
When approved, the fee waiver covers:
- Filing fees for complaints, responses, motions, and other court documents
- Jury fees (if you request a jury trial)
- Court reporter fees (in certain proceedings)
- Fees for serving documents by the sheriff or marshal
- Fees for copies of court documents
The fee waiver does not cover attorney fees (if you hire a private attorney) or costs imposed by the other party in your case.
Fee waivers are available in nearly all case types, including:
- Small claims
- Unlawful detainer (eviction)
- Family law (divorce, custody, child support)
- Civil litigation (personal injury, breach of contract, etc.)
- Restraining orders
- Probate
Who Qualifies for a California Fee Waiver?
California offers two pathways to qualify for a court fee waiver. You only need to meet one of these pathways.
Pathway 1: Income-Based (Automatic Qualification)
If you receive certain public benefits, you automatically qualify for a fee waiver. No additional income documentation is required — just proof that you're enrolled in one of these programs:
- Medi-Cal (California's Medicaid program)
- CalFresh (food stamps / SNAP)
- Supplemental Security Income (SSI)
- State Supplemental Payment (SSP)
- County Relief / General Assistance
- In-Home Supportive Services (IHSS)
- CalWORKs (TANF / cash aid)
- Tribal TANF
- CAPI (Cash Assistance Program for Immigrants)
This pathway is based on 125% of the federal poverty level. If you receive any of the benefits listed above, you meet this threshold and do not need to provide additional income details.
Pathway 2: Financial Hardship (Discretionary Approval)
If you don't receive public benefits, you can still qualify if your household income is low enough or if your monthly expenses exceed your income.
You qualify under this pathway if:
- Your gross monthly household income is at or below approximately 200% of the federal poverty level for your household size, or
- Your monthly expenses exceed your monthly income, even if your income is above 200% FPL
For 2026, approximate 200% FPL monthly income limits are:
- 1 person: ~$2,510/month
- 2 people: ~$3,407/month
- 3 people: ~$4,303/month
- 4 people: ~$5,200/month
- 5 people: ~$6,097/month
- (Add ~$897/month for each additional person)
Note: These limits are updated annually. The court will review your income, assets, expenses, and number of dependents to determine eligibility.
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What Fees Are Waived?
A California court fee waiver covers most court-related costs, including:
| Fee Type | Typical Cost (Without Waiver) | Covered? |
|---|---|---|
| Superior court filing fee (unlimited civil) | $435–$450 | ✅ Yes |
| Superior court filing fee (limited civil under $25k) | $225–$370 | ✅ Yes |
| Small claims filing fee | $30–$100 | ✅ Yes |
| Family law filing fee | $435–$450 | ✅ Yes |
| Motion filing fee | $60 | ✅ Yes |
| Jury fees | $150/day per juror | ✅ Yes |
| Court reporter fees | Varies | ✅ Yes (in some cases) |
| Sheriff/marshal service fees | $40–$75 per address | ✅ Yes |
Not covered: Attorney fees, expert witness fees, private process server fees (unless you use the sheriff), or costs the other party may recover if they win.
How to Complete FW-001 (Request to Waive Court Fees)
The FW-001 form is the main application for a California fee waiver. You can download it for free from the California Courts website at courts.ca.gov.
Here's how to fill it out, section by section:
Section 1: Your Information
- Enter your full legal name, address, phone number, and email
- If you're filing as a business or organization, enter the entity name
- If you have an attorney, include their information (though most self-represented filers do not)
Section 2: Case Information
- If you're filing a new case, check the box for "I am filing this form in a new case"
- If you're filing in an existing case, enter the case number and indicate whether you're the plaintiff, defendant, petitioner, or respondent
Section 3: Basis for Fee Waiver
This is where you select your qualification pathway. Check one of the following:
- Box 1a: Check this if you receive Medi-Cal, CalFresh, SSI, SSP, IHSS, CalWORKs, TANF, CAPI, or county relief. Attach proof (benefit award letter, EBT card copy, etc.)
- Box 1b: Check this if your gross household income is at or below the income limit for your household size (see chart on form FW-001)
- Box 1c: Check this if you cannot afford to pay court fees and meet your basic living expenses
If you check 1b or 1c, you must complete FW-001, Item 4 (income and expenses) and attach supporting documents.
Section 4: Income and Expenses (Required if Checking Box 1b or 1c)
- Monthly gross income: List all household income before taxes — wages, self-employment, benefits, child support, rental income, etc.
- Deductions: List mandatory deductions (taxes, health insurance, union dues, etc.)
- Monthly expenses: List rent/mortgage, utilities, food, transportation, childcare, medical, etc.
- Assets: List bank accounts, vehicles, real estate, investments (you can exclude your home and one vehicle)
- Household size: List the number of people living in your household who depend on your income
Section 5: Signature
- Sign and date the form under penalty of perjury
- By signing, you're declaring that the information is true and correct
Where and How to Submit Your Fee Waiver Request
Once you've completed FW-001, here's how to file it:
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File with the court clerk: Take your completed FW-001 to the courthouse where you're filing your case. Submit it at the same time you file your main court documents (complaint, response, motion, etc.). The clerk will not charge you a filing fee at the time of submission — they'll wait for the judge's decision.
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Attach to your main filing: Staple the FW-001 to the front of your main filing. If you're filing by mail, include both documents in the same envelope.
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Wait for a decision: The court clerk or judge will review your FW-001, typically within 5 business days. You'll receive one of three responses:
- FW-002 (Order on Court Fee Waiver — Granted): Your waiver is approved. You can proceed without paying fees.
- FW-003 (Order on Court Fee Waiver — Denied): Your waiver is denied. You have 10 days to request a hearing to contest the denial or pay the fees.
- Request for additional information: The court may ask for clarification or supporting documents.
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If denied (FW-003): You have the right to request a hearing within 10 days of the denial. Use form FW-006 to request a hearing and present additional evidence of financial hardship.
What to Do After Your Fee Waiver Is Approved
If your fee waiver is granted, congratulations — you can file your case without paying court fees. Here's what to do next:
Keep a copy of the FW-002
The FW-002 (Order Granting Fee Waiver) is your proof that fees are waived. Keep a copy with your court documents. You may need to show it when filing additional documents or requesting court services.
Notify the court of income changes
If your financial situation improves significantly (e.g., you get a new job, inherit money, or your income rises above the eligibility limits), you're required to notify the court within 5 days. Failure to do so can result in the court ordering you to pay the waived fees retroactively.
Renew annually for ongoing cases
Fee waivers are not permanent. If your case lasts longer than one year (common in family law, civil litigation, or probate), you must file a new FW-001 annually to renew your fee waiver. The court will send you a reminder, but it's your responsibility to track the deadline.
File additional documents fee-free
As long as your fee waiver is active, you can file motions, responses, and other documents in your case without paying additional fees.
Common Mistakes That Get Fee Waivers Denied
Avoid these errors to increase your chances of approval:
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Incomplete income information: If you check Box 1b or 1c, you must complete Section 4 in detail. Leaving income or expense fields blank will result in denial.
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Forgetting to attach proof: If you check Box 1a (public benefits), attach a copy of your benefit award letter, EBT card, or Medi-Cal card. Without proof, the court can't verify eligibility.
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Not listing all household members: If you live with a spouse, partner, or dependents, list them. The court calculates income limits based on household size — a larger household qualifies at a higher income.
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Filing the FW-001 separately: Always attach the FW-001 to your main court filing. If you file it separately, the clerk may charge you a fee for the main filing before the waiver is processed.
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Listing assets above the limit: California allows you to own your home and one vehicle and still qualify. But if you list significant liquid assets (e.g., $50,000 in savings), the court may deny your waiver on the grounds that you have funds available.
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Not requesting a hearing after denial: If your fee waiver is denied, don't give up. File form FW-006 within 10 days to request a hearing and present additional evidence.
Ready to File Your Court Documents?
Getting a court fee waiver in California is a straightforward process if you meet the income or hardship requirements. Whether you're filing a small claims case, responding to an eviction, or pursuing a civil lawsuit, the FW-001 form can remove the financial barrier to accessing the court system.
Remember:
- You automatically qualify if you receive Medi-Cal, CalFresh, SSI, or other public benefits
- If you don't receive benefits, you may still qualify based on income or expenses
- Always attach FW-001 to your main court filing
- Keep a copy of the FW-002 approval order for your records
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Disclaimer: Bigfirmlit is a non-attorney legal document preparation service. We do not provide legal advice, representation, or attorney services. This article is for informational purposes only and is not a substitute for legal counsel. For personalized legal advice, consult a licensed attorney.