An affidavit of indigency is a sworn statement you file with a court to show that you cannot afford court fees and costs. If the court accepts it, the court waives or pays fees such as the filing fee, sheriff or constable service fees, and sometimes larger costs like transcripts or expert witnesses. The term is used most in Massachusetts, but every U.S. court system has a similar process, often called a fee waiver or “in forma pauperis” application. This guide explains who qualifies, how to file, and how the rules differ by court and state.
Affidavit of indigency: quick facts
| Topic | Details |
|---|---|
| What it is | A sworn form asking the court to waive or pay your court costs |
| Massachusetts law | G.L. c. 261, §§ 27A–27G |
| Who qualifies (Massachusetts) | People on certain public benefits, people with income at or below 125% of the federal poverty guidelines, or people who cannot pay without losing food, shelter or clothing |
| What it can cover | Filing fees, service fees, copies, and with a judge’s approval, “extra” costs such as transcripts, experts or depositions |
| Cost to file | Free |
| Federal court version | Application to proceed in forma pauperis (Form AO 240 short form or AO 239 long form) |
| Is it public? | In Massachusetts, the affidavit is confidential |
What is an affidavit of indigency?
“Indigent” means unable to afford basic necessities. An affidavit of indigency is the form a person signs under penalty of perjury to tell the court about their income, benefits and expenses so the court can decide whether they qualify for help with court costs. Lying on the form can lead to perjury charges, so answers must be accurate.
In Massachusetts, the Indigent Court Costs Law requires courts to waive or pay certain costs for people who qualify. According to the Massachusetts Legal Help guide to the affidavit of indigency, the form can be used in most civil cases, including housing, family, small claims and probate matters.
Who qualifies in Massachusetts?
Massachusetts recognizes three ways to qualify. You only need to meet one.
Category A: public benefits
You qualify if you receive TAFDC, EAEDC, Massachusetts Veterans’ Benefits, MassHealth, or SSI.
Category B: low income
You qualify if your income after taxes is at or below 125% of the federal poverty guidelines. The state publishes the current limits on its poverty guidelines page for affidavits of indigency. For 2026, the limit is $19,950 a year for a household of one and $41,250 for a household of four.
Category C: cannot pay without hardship
You qualify if you cannot pay the court costs without losing the ability to pay for the necessities of life, such as food, shelter and clothing, for yourself and your dependents. If you apply under this category, you must also complete the Supplement to the affidavit, which lists your income and expenses.
Normal fees vs. extra fees
Massachusetts splits court costs into two groups:
- Normal fees and costs include filing fees, service of process by a sheriff or constable, and copies. The clerk can approve these.
- Extra fees and costs include things like expert witnesses, deposition costs, transcripts and audio recordings. A judge decides these and looks at whether the cost is reasonably necessary for your case.
How to file an affidavit of indigency
- Get the form. Ask the court clerk for the Affidavit of Indigency, or download it from the court’s website. In Massachusetts, the same form is used in most trial courts.
- Choose your category. Check the box for Category A, B or C. If you choose C, fill out the Supplement as well.
- List the fees you want waived. Mark the normal and any extra fees and costs you are asking the court to cover.
- Sign under penalty of perjury. Answer every question truthfully and sign the form. Keep proof of benefits or income in case the court asks for it.
- File it with your case papers. Give the affidavit to the clerk when you file your complaint, answer or motion. There is no fee to file it.
- Wait for the decision. In Massachusetts, the clerk must act on requests for normal fees right away. Requests for extra fees go to a judge, who generally must decide within five days. A judge cannot deny a request without first holding a hearing if your affidavit appears to qualify.
If your request is denied, you can ask for a hearing or appeal the decision. The Massachusetts law allows an appeal to the Appellate Division or a single justice, depending on the court.
Federal court: in forma pauperis
In federal court, the equivalent of an affidavit of indigency is an application to proceed in forma pauperis under 28 U.S.C. § 1915. Most people use the Form AO 240 short-form application, which asks about income, assets and expenses. Some judges require the longer Form AO 239.
If the judge grants the application, you can file without prepaying the filing fee. Prisoners are treated differently: they may be allowed to file without paying up front, but they must still pay the full filing fee over time from their prison account.
How other states handle fee waivers
Most states use a different name for the same idea:
- California: Request to Waive Court Fees (Form FW-001). People on certain benefits or with low income usually qualify.
- Florida: Application for Determination of Civil Indigent Status, filed with the clerk of court.
- Texas: Statement of Inability to Afford Payment of Court Costs, under Texas Rule of Civil Procedure 145.
- Criminal cases: Many states use a similar affidavit to decide whether a defendant qualifies for a court-appointed lawyer.
Income limits, forms and deadlines vary, so check your state court’s self-help website or ask the clerk. If you are filing a claim in a lawsuit, our guide to what a claimant is explains the basic terms.
Immigration filings have their own fee rules. If you are applying for permanent residence, our guide to hiring a green card attorney explains costs and low-cost legal help.
Conclusion: is an affidavit of indigency right for you?
An affidavit of indigency lets people with low income or public benefits go to court without paying filing and service fees they cannot afford. In Massachusetts, you qualify through public benefits, income at or below 125% of the federal poverty guidelines, or hardship, and the affidavit stays confidential. Federal courts and other states offer the same help under names like in forma pauperis or fee waiver.
Fill out the form honestly, file it with your case papers, and ask for a hearing if it is denied. A legal aid office or licensed attorney in your state can help with your situation. More plain-English guides are in our Legal Guides section.
Frequently asked questions
What is an affidavit of indigency?
It is a sworn statement asking a court to waive or pay your court fees and costs because you cannot afford them.
Who qualifies for an affidavit of indigency in Massachusetts?
People who receive TAFDC, EAEDC, MA Veterans’ Benefits, MassHealth or SSI; people with income after taxes at or below 125% of the federal poverty guidelines; or people who cannot pay without losing food, shelter or clothing.
Is an affidavit of indigency public?
In Massachusetts, the affidavit and supplement are confidential and not part of the public case file. Rules in other states vary.
What happens if my affidavit of indigency is denied?
You can ask for a hearing and, in Massachusetts, appeal the decision. You may also be able to pay the fees and continue your case.
Is in forma pauperis the same as an affidavit of indigency?
They serve the same purpose. In forma pauperis is the federal court term, filed under 28 U.S.C. § 1915, usually on Form AO 240.
Sources
- Massachusetts Legal Help: Affidavit of Indigency booklet (2025)
- Mass.gov: Poverty guidelines for affidavits of indigency, G.L. c. 261, § 27A (2026)
- Massachusetts General Laws chapter 261, sections 27A–27G (Indigent Court Costs Law)
- United States Courts: Application to proceed in district court without prepaying fees or costs (Form AO 240)
- 28 U.S.C. § 1915: Proceedings in forma pauperis
- Texas Rule of Civil Procedure 145; California Judicial Council Form FW-001