Legal Definitions - pauper's affidavit

A pauper's affidavit, also commonly referred to as a poverty affidavit or affidavit of indigency, is a formal, sworn written statement made by an individual declaring under oath that they do not possess sufficient financial resources to pay court fees, legal costs, or other expenses associated with a legal proceeding. By submitting this affidavit, the individual requests that the court waive these fees, thereby allowing them to pursue or defend a legal action without the burden of upfront costs. This mechanism is crucial for ensuring that financial hardship does not prevent someone from accessing the justice system.

• Example 1: Initiating a Civil Lawsuit

  Maria was severely injured in a car accident and believes the other driver was at fault. She wants to file a personal injury lawsuit to seek compensation for her medical bills and lost wages. However, Maria has been out of work since the accident, has no savings, and cannot afford the court's mandatory filing fee, which can be hundreds of dollars.

  In this situation, Maria can submit a pauper's affidavit to the court, detailing her income, expenses, and lack of assets. If the court reviews and approves her affidavit, it will waive the filing fee, allowing her to initiate her lawsuit and pursue justice without having to pay the initial court costs.

• Example 2: Defending Against Eviction

  David is a tenant facing eviction from his apartment. He believes his landlord is evicting him unfairly and wants to present his case in court. However, David recently lost his job and is struggling to pay for basic necessities, let alone the court fees required to file his response and appear in the eviction hearing.

  David can file a pauper's affidavit with the court, explaining his current financial distress. If the court accepts his affidavit, it will waive the fees associated with filing his defense and participating in the eviction proceedings, ensuring he has the opportunity to challenge the eviction despite his financial difficulties.

• Example 3: Appealing a Legal Decision

  After a child custody hearing, Sarah was unhappy with the court's decision and wishes to appeal it to a higher court. However, appellate courts often require significant fees to file an appeal and additional costs to obtain a transcript of the original trial proceedings, which Sarah, a single mother working part-time, cannot afford.

  Sarah can submit a pauper's affidavit to the appellate court, demonstrating her financial inability to pay these substantial fees. If the affidavit is approved, the court will waive the appeal filing fee and may even order that a transcript be provided to her at no cost, thereby allowing her to exercise her right to appeal the custody decision regardless of her financial status.