How to Apply for a Court Fee Waiver in Colorado Housing Cases

If you're a renter facing eviction or another housing dispute in Colorado, you may need to go to court. But court fees can be costly. The good news: Colorado offers a process to waive these fees if you can't afford them. Understanding how to request a court fee waiver ensures everyone has fair access to the legal system, no matter your financial situation.

What Is a Court Fee Waiver?

A court fee waiver lets you ask the court to excuse filing fees and other costs if you have a low income or receive public benefits. This can make a major difference if you're worried about paying for an eviction defense or another urgent renter issue.

When Can Renters Use a Fee Waiver?

Many Colorado renters can apply for a fee waiver in cases like:

• Eviction proceedings (also called "Forcible Entry and Detainer" cases)
• Disputes about repairs or conditions
• Filing complaints about unsafe housing

If you can't afford the court fees, you should consider requesting a waiver as soon as you know you need to appear in court.

Which Tribunal Handles Colorado Housing Cases?

Most rental disputes and eviction cases in Colorado are handled by the Colorado County Courts. They operate under the Colorado Revised Statutes, Title 38 - Property.¹

Main Fee Waiver Form: JDF 205 "Motion to File Without Payment and Supporting Financial Affidavit"

The key form for Colorado renters is the Motion to File Without Payment and Supporting Financial Affidavit (JDF 205):

• When to use it: Before you file paperwork, like an eviction answer or lawsuit, with the court and can't afford the filing fee.
• How it works: You fill out your income, expenses, and assets. If you receive government assistance (like Medicaid, SNAP, or TANF), note this too. Attach any proof if available.
• Example: If you're being evicted and can't pay the answer fee, submit this form at the same time as your legal paperwork.

Find step-by-step instructions directly from the Colorado Judicial Branch self-help page on fee waivers.

Other Relevant Forms You May Need

• JDF 206 - Order Regarding Payment of Fees: The judge fills out this form after reviewing your request, indicating approval or denial.

How to Request a Fee Waiver: Step-by-Step

• 1. Get the right forms. Download JDF 205.
• 2. Complete the form accurately. Include all forms of income, expenses, and any public assistance. Be honest; the court may require documentation.
• 3. File the fee waiver with your other court documents. When you deliver your primary housing forms (e.g., "Answer to Complaint"), submit JDF 205 at the same time in person at the court clerk’s office or electronically if available.
• 4. Wait for a judge's decision. The court will review your waiver—sometimes right away, sometimes within a few days. You might need to answer follow-up questions or provide documents.
• 5. Check for approval or denial. If approved, you do not pay the filing fees. If denied, the clerk will tell you the next steps and when payment is due.

Summary: Applying early and providing complete information helps your waiver request go smoothly.

FAQ: Court Fee Waivers for Renters in Colorado

1. What happens if my fee waiver request is denied?
   If denied, you will need to pay the required filing fees by the due date given by the court. If you think the denial was a mistake, you can provide more financial details or ask for a review.
2. Do I need a lawyer to apply for a court fee waiver?
   No, you do not need a lawyer. The forms are designed for self-represented renters and court staff can help with basic questions.
3. Which types of public benefits qualify me for a waiver?
   Programs like Medicaid, SNAP (food stamps), SSI, TANF, or Colorado Works often qualify you. List any benefits you receive on JDF 205.
4. Will my landlord know I requested a fee waiver?
   No. The court's decision is not shared with your landlord, and the waiver process is private.
5. Does a fee waiver cover all court costs?
   It covers filing fees and some court-related costs, but not always things like service fees or postage. Ask the clerk for specifics.

Conclusion: Key Takeaways

• Court fee waivers help Colorado renters access housing justice, even if you can't afford court costs.
• Use the JDF 205 form for most cases, and always file it at the same time as your housing paperwork.
• If you're unsure, reach out to the Colorado Judicial Branch or local legal aid for support.

For renters, understanding the court fee waiver process removes barriers and ensures your voice is heard in housing disputes.

Need Help? Resources for Renters

• Colorado Courts Self-Help: Fee Waivers
• Find Your Local County Court
• Colorado Legal Services: Free or low-cost legal help for qualifying renters
• Call the court clerk’s office in your county for guidance

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1. Colorado Revised Statutes, Title 38 - Property
2. Colorado Judicial Branch: Fee Waivers Self-Help
3. Motion to File Without Payment and Supporting Financial Affidavit (JDF 205)
4. Colorado County Courts

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