Legal Definitions - poverty affidavit

A poverty affidavit is a formal, sworn written statement submitted to a court or other legal authority, in which an individual declares under penalty of perjury that they do not have sufficient financial resources to pay required court fees, filing costs, or other legal expenses. By submitting this document, the individual typically seeks a waiver or reduction of these fees, allowing them to pursue legal action or defend themselves without being financially barred. It serves as a formal declaration of financial hardship, enabling access to the legal system for those who might otherwise be excluded due to cost.

Here are some examples illustrating the use of a poverty affidavit:

• Example 1: Filing for Divorce

  A person wishes to file for divorce but is unemployed and has no savings. The court requires a significant filing fee to initiate the divorce proceedings. To avoid this financial barrier, the individual can prepare and submit a poverty affidavit to the court. This document would detail their lack of income, assets, and inability to pay the required fees. If the court accepts the affidavit, it may waive the filing fees, allowing the divorce process to move forward without the upfront cost.

• Example 2: Appealing a Legal Decision

  After receiving an unfavorable judgment in a civil case, an individual believes there were legal errors and wants to appeal the decision to a higher court. However, appellate courts often charge substantial fees to file an appeal. If the individual's income is below a certain threshold and they lack the funds to pay these fees, they can file a poverty affidavit. This sworn statement would explain their financial hardship, requesting that the appellate court allow them to proceed with their appeal without paying the standard filing fees, ensuring their right to challenge the previous ruling.

• Example 3: Responding to an Eviction Notice

  A tenant receives an eviction notice and needs to appear in court to present their defense against the landlord's claims. The local housing court charges a fee for defendants to file their response or appear in certain proceedings. If the tenant is experiencing severe financial difficulties, perhaps having lost their job, they can submit a poverty affidavit to the court. This affidavit would formally declare their inability to pay the court fees, thereby requesting a waiver so they can participate in the legal process and defend themselves against the eviction without being penalized for their financial situation.