Legal Definitions - IFP affidavit

IFP affidavit

IFP stands for in forma pauperis, which means "in the manner of a pauper" or "as a poor person." An IFP affidavit is a sworn legal document submitted to a court by an individual who asserts they cannot afford the standard fees and costs associated with filing a lawsuit, appealing a decision, or taking other legal actions.

By filing this affidavit, the individual requests the court to waive these fees, allowing them to proceed with their legal action without financial burden. The affidavit typically includes detailed information about the person's income, assets, debts, and dependents to demonstrate their financial hardship and inability to pay the required court costs.

• Example 1: Civil Lawsuit for Damages

  A construction worker suffers a severe injury due to a workplace accident caused by a third party's negligence. They wish to sue the responsible party for medical expenses and lost wages but have been unable to work and have no savings. To initiate the lawsuit, they would file an IFP affidavit with the court, detailing their current unemployment, lack of income, and mounting medical bills. This allows them to request that the court filing fees be waived, ensuring they can pursue justice without upfront financial barriers.

• Example 2: Family Law Petition for Child Custody

  A single mother living on a very limited income needs to file a petition with the court to establish a formal child custody arrangement and child support order. The court's filing fees are a significant obstacle for her. She would prepare an IFP affidavit, outlining her low wages, lack of assets, and the number of dependents she supports. Upon review, the court could grant her IFP status, waiving the fees and enabling her to access the legal system to secure a stable environment and financial support for her children.

• Example 3: Appeal of a Court Decision

  After losing a civil case in a lower court, an individual believes there was a significant legal error and wishes to appeal the decision to a higher court. However, appellate court filing fees, along with the costs of obtaining trial transcripts, are substantial and beyond their financial means. They would submit an IFP affidavit to the appellate court, providing comprehensive documentation of their financial situation, such as bank statements, pay stubs, and a list of expenses. If approved, they would be permitted to file their appeal and obtain necessary documents without having to pay the usual fees upfront.