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Court fee waiver in New York: how to ask for poor person relief
Updated By The editorial teamNot reviewed by an attorney — based on the official sources below
In short
If you can't afford court fees in a New York civil case, you can ask the court to waive them ("poor person relief") under CPLR § 1101. If you're starting a case, you can file a simple form affidavit, available at the clerk's office, with your papers; a judge reviews it. If the case is already underway, or you're the defendant, you make a motion with a sworn statement of your income, assets and why you need the waiver. If you're represented by legal aid or a legal services group that certifies you can't pay, fees are waived without a motion. If the waiver is granted, filing and service fees are waived, and the court may assign a lawyer.
Read on for the details, the exceptions and the sources.
In plain words
- Poor person relief
- The court's permission to proceed without paying fees and costs because you can't afford them.
- Affidavit
- A written statement you swear or affirm is true. Here, it lists your income, assets and why you need the waiver.
- Motion
- A formal written request asking the judge to make an order.
- Index number
- The case number the clerk assigns when a case is filed — normally the first fee you pay in Supreme Court.
Where to go
Ask in the court where your case is or will be heard (CPLR § 1101(a)) — usually at the clerk's office. If you're starting a case, the form affidavit should be available at the clerk's office along with the summons and complaint forms (§ 1101(d)). If you're appealing, you can ask the appellate court directly, and it must decide the request itself (§ 1101(a)). The court system's CourtHelp website has guides and forms.
What documents you need
- A sworn affidavit or affirmation stating the amount and sources of your income and assets, and any real property you own and its value (§ 1101(a))
- A statement that you can't afford the costs, fees and expenses of the case or appeal
- A short description of the case and enough facts to show your position has merit
- Whether anyone else would share in any recovery, and whether they also can't pay
- If the court asks, a certificate from a lawyer that the case has merit (§ 1101(b))
- Proof of income and benefits — pay stubs, benefit letters, bank statements — to back up what you swear to
Fees and costs
These are some of the fees a waiver can cover. In Supreme Court and County Court, the county clerk charges $190 for an index number plus $20 in additional state fees — $210 in all (CPLR § 8018(a)); $95 for a request for judicial intervention to get a judge assigned, $45 for each motion, and $30 to place a case on the trial calendar after that (§ 8020(a)). There is no fee for a motion asking for poor person relief (§ 8020(a)). In New York City Civil Court, fees include $45 to issue a summons or file the first paper, $40 to file a notice of trial, $70 for a jury demand and $30 for a notice of appeal (NYC Civil Court Act § 1911). Small claims has its own, separate fees.
If the waiver is granted, you aren't liable for costs or fees unless you recover money by judgment or settlement; then the court may order you to pay some or all of them out of what you recover (CPLR § 1102(d)).
Deadlines
- Ask before or when you file: the form affidavit for a new case goes in with your summons and complaint (CPLR § 1101(d)).
- If a judge denies a plaintiff's form application, the case will be dismissed unless you pay the fee within 120 days of the order (§ 1101(d)).
- Your other deadlines — such as the time to answer a summons or to appeal — don't stop while you ask for a fee waiver. File your request early.
Step by step
Check if you're represented by legal aid
If a legal aid society, legal services group or a lawyer working with one represents you and certifies you can't pay, fees for filing and service are waived without a motion (CPLR § 1101(e)).
Starting a case: use the form affidavit
Ask the clerk for the poor person affidavit, fill it out truthfully and file it with your summons and complaint. The case gets an index or filing number and a judge reviews your application (§ 1101(d)).
Already in a case: make a motion
Prepare a motion with your affidavit (§ 1101(a)). Serve notice on all parties and, if the case has started, on the county attorney — or in New York City, the Corporation Counsel (§ 1101(c)).
Wait for the order
The judge decides on the papers. Keep a copy of the order with your case file.
Use what the order gives you
Show the order to the clerk when you file. If the court assigned a lawyer or ordered transcripts, follow up with the clerk.
What happens next
If the court grants your application, you'll get a written order. For a new case under § 1101(d), the order says all fees and costs relating to filing and service are waived. When a motion under § 1101(a) is granted, the court may assign you a lawyer (§ 1102(a)), and the court stenographer must prepare transcripts of the trial or hearing at public expense (§ 1102(b)); on appeal you may file typewritten briefs (§ 1102(c)).
If the court denies it, the order tells you; for a plaintiff's form application the case is dismissed unless the fee is paid within 120 days. You can ask the clerk or a legal services office about your options.
Figures that change
- Supreme Court index number fee: $210 ($190 + $20 in state fees) (as of 2026-10-30; N.Y. Civil Practice Law and Rules)
- Request for judicial intervention: $95 (as of 2026-10-30; N.Y. Civil Practice Law and Rules)
- NYC Civil Court — issuing a summons or filing the first paper: $45 (as of 2026-10-30; New York City Civil Court Act)
Frequently asked questions
Do I have to be on public assistance to qualify?
No. CPLR § 1101 asks whether you have insufficient means to pay the costs, fees and expenses of the case; the court looks at your income, assets and property.
Can a defendant ask for a fee waiver?
Yes. Any party may make a motion under CPLR § 1101(a). The simpler form affidavit in § 1101(d) is for plaintiffs starting a case.
Will I have to repay the fees later?
Only if you win money. If you recover by judgment or settlement, the court may direct you to pay all or part of the costs and fees out of the recovery (CPLR § 1102(d)).
Does a fee waiver give me a free lawyer?
Not automatically. When it grants a motion under § 1101(a), the court may assign a lawyer (§ 1102(a)), but it isn't required to.
Want your own situation checked?
This page is general. Describe what happened, attach the letter or document you received, and get a free first answer — then, if you want, a full check against New York and federal law and a letter ready to send.
Check my situation — freeOfficial sources
This page was written from the sources below. “Checked” is the date the source was last opened and read.
- N.Y. Civil Practice Law and Rules (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · §§ 1101(a)–(e), 1102(a)–(d), 8018(a), 8020(a) · Checked: October 30, 2026Poor person relief, its effects, and the county clerk fees it covers
- New York City Civil Court Act (opens in a new tab)New York State Senate — Open Legislation (official text of the Consolidated Laws) · § 1911 · Checked: October 30, 2026NYC Civil Court fees
- CourtHelp — New York State Courts (opens in a new tab)New York State Unified Court System · Checked: October 30, 2026Guides and forms for people without lawyers
- Small Claims — New York State Unified Court System (opens in a new tab)New York State Unified Court System — CourtHelp · Checked: October 30, 2026Small claims has its own fees
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This page is general information based on the official sources listed, current as of the update date. It is not legal advice and does not replace a review of your own situation; if a case is already in court, a deadline is close, the amount is large, or there are criminal, immigration or family-law consequences, talk to a lawyer or legal aid.