Can I get the court to pay my legal fees if I can’t afford them in New York?

Can I Get the Court to Pay My Legal Fees If I Can’t Afford Them in New York?

Paying for a lawyer can be really expensive, especially if your case goes to trial. Court fees like filing fees and transcript fees can also add up. So what do you do if you just can’t afford all these legal costs but still need an attorney? Well, there is something called a “fee waiver” in New York that might be able to help you out.

What is a Fee Waiver?

A fee waiver, also called “poor person’s relief,” allows someone who can’t afford court fees to get them waived or forgiven by the court [2]. This means if the court approves your fee waiver request, you won’t have to pay any fees for things like:

• Filing your case
• Demanding a jury trial
• Appealing a decision
• Getting transcripts of the trial

Pretty sweet deal right? But how do you get approved for one of these fee waivers?

How to Get a Fee Waiver

To get a fee waiver in New York, you need to fill out and file a Request for Fee Waiver form with the court clerk. You can find this form here [3]. On the form, you’ll need to provide details about your income, expenses, assets, and debts to show the court you can’t afford to pay.

The process is a little different depending on whether your case has started yet or not:

• Before your case starts – File the fee waiver form when you file the papers to start your case. The clerk will review it and decide whether to approve the waiver. If approved, you won’t have to pay the filing fee.
• After your case starts – If you already paid the initial filing fee but now need help with other fees, file the waiver form with the clerk and serve copies on all the other parties in the case (and the Corporation Counsel’s Office if in NYC). The clerk will review and decide.

What Does the Court Consider?

When reviewing your fee waiver request, the court will look at your income, expenses, assets, and debts to determine if you’re eligible. According to the form, you generally qualify if:

• You receive public assistance, like welfare, Medicaid, or Supplemental Security Income (SSI)
• Your income after taxes is less than 125% of the federal poverty guidelines
• Paying the fees would keep you from meeting basic living expenses

They want to see that you truly can’t afford the fees without hardship. Make sure to be thorough and accurate in detailing your finances on the form.

What if My Fee Waiver is Denied?

If the court denies your request for a fee waiver, you’ll unfortunately have to pay the fees in order to proceed with your case. You’ll get a notice saying your waiver was denied and will have 120 days to pay whatever fees are owed [1].

If you still can’t afford the fees after 120 days, your case may be dismissed. But don’t panic yet! Before it gets dismissed, you may be able to request an extension of time to pay or try to get the denial of your fee waiver appealed.

Appealing a Denied Fee Waiver

If your fee waiver gets denied but you think you should have qualified, you can file an appeal to challenge the decision. The process depends on the court:

• Supreme or County Court – File a Poor Person Order to Show Cause with the court clerk asking for the denial to be reviewed.
• Family Court – File an Affidavit in Support of Poor Person’s Appeal form within 30 days of the denial.
• Other lower courts – File a Notice of Appeal within 30 days of the denial.

On the appeal form, explain in detail why your finances qualify you for a fee waiver under the guidelines. Provide any additional evidence you have too. The judge will take another look at your situation and decide whether to uphold or overturn the denial.

Are There Other Ways to Get Help With Fees?

If you don’t qualify for a fee waiver, there are some other options that may help you cover legal costs:

• Payment plans – Many lawyers will work with you to set up a monthly payment plan for their fees and court costs.
• Pro bono legal aid – Nonprofit legal aid organizations provide free legal help to low-income people. Search for “legal aid [your city]” to find one near you.
• Law school clinics – Many law schools offer free clinics where students provide legal assistance under attorney supervision.
• Court-appointed attorneys – In criminal cases, the court may appoint a low-cost or free lawyer if you can’t afford one.

Explore all your options so you can find an affordable way to get the legal help you need. And be sure to apply for that fee waiver – you miss 100% of the shots you don’t take!

References

1. Fee Waiver | NY CourtHelp – Unified Court System
2. I need to get my court fees waived – LawHelpNY
3. Court Forms & Fees | NY CourtHelp – New York State Unified Court System
4. How to Find Legal Help When You Can’t Afford a Lawyer | Personal Finance | U.S. News
5. What Happens If I Don’t Pay My Lawyer? | Lawrina
6. Attorney Fees: Does the Losing Side Have to Pay? – Nolo