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Filing a Small Claims Appeal Without Payment of Fees (In Forma Pauperis)
In order to file your small claims appeal you must pay:
- District Court Filing (Docket) Fee
- Appeal Bond
- Cost of a Transcript and Bill of Exceptions
- Supersedeas Bond (Optional)
Certain costs are listed on the Praecipe for Bill of Exceptions (CC 9:7).
If you cannot afford to pay the filing fee and costs because you have a very low income, you can ask the judge to waive the fees. To qualify to have your costs paid by the county, you must show to the court that you cannot afford to pay those costs and that you have no other reasonable way to pay for such costs.
If you wish to ask the court to waive costs, you must complete the following:
Take the forms with you when you go to court to file your appeal.
When you go to the county court to file your case, tell the Clerk that you want to ask the court to waive your filing fee and costs. The Clerk will take your filings to a judge who will review your Affidavit and your In Forma Pauperis Order form.
- If the judge is satisfied that your request is reasonable, the judge will sign the Order.
- You will be notified by county court if your application is approved.
- If the judge does not sign the Order, you will have to pay the filing fee and other costs in order to file your appeal.
This page was last modified on Wednesday, April 17, 2013