Monterey — Request To Waive Court Fees

Source: https://www.monterey.courts.ca.gov/system/files/request-waive-court-fees.pdf

MONTEREY COUNTY SUPERIOR COURT 1200 Aguajito Road Monterey, CA 93940 (831) 647-5800 www.monterey.courts.ca.gov

REQUEST TO WAIVE COURT FEES (Packet #1)

The purpose of these instructions is to provide information about how to complete the forms and a link to the forms that you can use to complete a Request to Waive Court Fees and Order on Court Fee Waiver when requesting that the court waive (not collect) the court filing fees.

STEP 1: Complete the forms.

You must complete the following forms: Request to Waive Court Fees (FW-001) Order on Court Fee Waiver (FW-003)

All forms must be completed in a clear and legible manner and either typed (completed online) or neatly written in black or blue ink. Do not use white-out liquid or correction tape on your forms! If you make a mistake, simply mark a single line through the mistake, initial it and then enter the correct information. Insert your name on every page of these forms, where indicated. Also, add your address on the first page of each form. If you have any questions regarding completing these forms or would like someone to review your forms before you file them, please schedule a document check with the Self-Help Center. You can do this online at www.monterey.courts.ca.gov/SelfHelp/.

Complete the information on the Request to Waive Court Fees (FW-001) on page 1, items 1-6.

There are three ways to qualify for a fee waiver. Check only one box under item 5 to explain how you qualify for a fee waiver:

1. Item 5a. – check this box if you are receiving public benefits which are listed below: Medi-Cal Food Stamps Social Security Supplemental Income (SSI) State Supplemental Payment (SSP) County Relief/General Assistance In-Home Supportive Services (IHSS) California Work Opportunity and Responsibility to Kids (CalWORKs) Tribal Temporary Assistance for Needy Families (Tribal TANF) Cash Assistance Program for Aged, Blind, and Disabled (CAPI) – Then leave page 2 blank.

   -1-

2. Item 5b. – check this box if your household income, before taxes, is less than the amounts listed – then complete items 7, 8, and 9 on page 2.
3. Item 5c. – check this box if you do not have enough income to pay for your household’s basic needs AND the court fees listed – then complete all of page 2.

Note: Make sure you date, print, and sign your name at the bottom of the form.

Complete the information on the Order on Court Fee Waiver (FW-003) on page 1, items 1-3. Complete ONLY your name and case number (if you have a case number) on page 2.

STEP 2: Copy the forms.

Once you have completed the forms, make one copy of each form.

STEP 3: File the forms with the court.

Bring the original and your copy of the Request to Waive Court Fees (FW-001) and the Order on Court Fee Waiver (FW-003) to the first floor Family Law filing window at the Monterey Courthouse, located at 1200 Aguajito Road, Monterey. The court will keep the original and return the file-stamped copy to you. Keep the copy for your records.

STEP 4: Pick up your order from the court.

Make sure you return to the Monterey Courthouse to pick up your order to see if your request for a fee waiver was granted or denied.

If your request is granted, there is nothing more to do, the fees associated with your case will be waived for filing papers in Superior Court (except for an appeal in a case over $25,000), making or certifying copies, sheriff’s fees for service, and a few other fees.

Important: Even if your fees are waived at first, there may be some instances in which you may have to pay the court back later.

If your request is denied, you must within 10 days from the date the order was signed by the clerk either pay your fees, request a hearing, or file an amended Request to Waive Court Fees (FW-001).

To request a hearing: Complete the Request for Hearing About Court Fee Waiver Order (FW-006); item 1 of the Notice on Hearing About Court Fees (FW-007); and item 1 on the Order on Court Fee Waiver After Hearing (FW-008). Make one copy of each form. Submit the originals and your copies to the court. The court will send you a completed Notice on Hearing About Court Fees (FW-007), informing you when the court date is for your fee waiver hearing.

-2-

For additional assistance: The Self-Help Center provides workshops and document reviews by appointment (or waitlist if space is available) and is located on the first floor at the Monterey Courthouse, 1200 Aguajito Road, in Monterey. To make an appointment, you can come in person, call 831-647-5890, or sign up online (go to www.monterey.courts.ca.gov and follow the links to the Self-Help Center and then select the workshop you would like to attend).

You must complete the following forms: FW-001 (Request to Waiver Court Fees) FW-003 (Order on Court Fee Waiver)

-3-