Form Fw-001 - Request To Waive Court Fees (Page 2 of 6) in pdf

FW-001-INFO

• If you receive a fee waiver, you must tell the court if there is a change in your finances, or the finances of your

ward or conservatee. You must tell the court within five days if those finances improve or if you, or your ward or

conservatee, become able to pay court fees or costs during this case. (File Notice to Court of Improved Financial

Situation or Settlement (form FW-010) or Notice to Court of Improved Financial Situation or Settlement (Ward or

Conservatee) (form FW-010-GC) with the court.) You may be ordered to repay any amounts that were waived after your

eligibility, or the eligibility of your ward or conservatee, came to an end.

• If you receive a judgment or support order in a family law matter: You may be ordered to pay all or part of your

waived fees and costs if the court finds your circumstances have changed so that you can afford to pay. You will have

the opportunity to ask the court for a hearing if the court makes such a decision.

• If you win your case in the trial court: In most circumstances the other side will be ordered to pay your waived fees

and costs to the court. The court will not enter a satisfaction of judgment until the court is paid. (This does not apply in

unlawful detainer cases. Special rules apply in family law cases and in guardianships and conservatorships.

(Government Code, section 68637(d), (e), and Cal. Rules of Court, rule 7.5.)

• If you settle your civil case for $10,000 or more: Any trial court waived fees and costs must first be paid to the

court out of the settlement. The court will have a lien on the settlement in the amount of the waived fees and costs.

The court may refuse to dismiss the case until the lien is satisfied. A request to dismiss the case (use form CIV-110)

must have a declaration under penalty of perjury that the waived fees and costs have been paid. Special rules apply to

family law cases.

• The court can collect fees and costs due to the court. If waived fees and costs are ordered paid to the trial court, or

if you fail to make the payments over time, the court can start collection proceedings and add a $25 fee plus any

additional costs of collection to the other fees and costs owed to the court.

• The fee waiver ends. The fee waiver expires 60 days after the judgment, dismissal, or other final disposition of the

case or earlier if a court finds that you or your ward or conservatee are not eligible for a fee waiver. If the case is a

guardianship or conservatorship proceeding, see California Rules of Court, rule 7.5(k) for information on the final

disposition of that matter.

• If you are in jail or state prison: Prisoners may be required to pay the full cost of the filing fee in the trial court but

may be allowed to do so over time. See Government Code section 68635.

FW-001-INFO, Page 2 of 2

Information Sheet on Waiver of

FW-001-INFO (Rev. September 1, 2015)

Superior Court Fees and Costs

Form Fw-001 - Request To Waive Court Fees Page 2