Georgia Court Fee Waivers for Renters: How to Apply

If you're a renter in Georgia facing eviction, suing your landlord, or defending your rights in a housing dispute, court fees can be an unexpected and daunting barrier. Fortunately, Georgia renters with low income may qualify for a court fee waiver, making access to justice more affordable. This article guides you through requesting a fee waiver, highlights the forms you'll need, and explains the official process—using simple terms and practical examples.

Understanding Court Fee Waivers in Georgia Housing Cases

Most housing issues—like eviction (called “dispossessory” in Georgia), landlord/tenant disputes, or suing for repairs—are handled in local Georgia courts. When you file or respond to a case, you are usually required to pay a court filing fee. If you can’t afford this cost, you can ask the court to waive these fees by showing your financial need.

Who Can Qualify for a Fee Waiver?

• Low-income renters and anyone receiving certain government assistance (like Supplemental Security Income, TANF, or SNAP)
• People showing income below the federal poverty guidelines

Qualifying means you may be able to file important housing documents or defend yourself in court without paying upfront fees.

Key Form: Affidavit of Poverty (Pauper’s Affidavit)

Georgia renters typically use the “Affidavit of Poverty”—sometimes called a “Pauper’s Affidavit”—to request a fee waiver for housing-related court filings.

• Form Name: Affidavit of Poverty (No standard form number, but most courts offer a template.)
• When to Use: File this form before or with your housing documents, such as an eviction answer or a complaint about landlord issues.
• How It's Used (Example): Say you receive an eviction notice. When filing your answer, if you cannot pay the court’s fee, submit the Affidavit of Poverty. The court reviews your finances and decides whether to waive your fees.
  See a typical sample from the Georgia Superior Court Clerks’ Cooperative Authority—Dispossessory Forms page (look for the "Affidavit of Poverty").

Each county may have its own template. You can request a copy from your county clerk, or use the version provided by many Georgia courts.

Filing Steps and What Happens Next

• Fill out the Affidavit of Poverty with honest, complete details about your income and expenses.
• Sign it in front of a notary or court clerk (some courts may require this step).
• File the affidavit alongside your eviction answer or other court documents at your local courthouse.
• The judge or court clerk reviews your application and—if approved—lets you proceed without paying filing fees.

Which Tribunal or Court Handles Georgia Housing Cases?

Most housing disputes and eviction cases in Georgia are handled in Georgia Magistrate Courts. For appeals, you might deal with State or Superior Courts.

The Relevant Law

Georgia housing law is found in the Georgia Landlord-Tenant Act, mainly O.C.G.A. Title 44, Chapter 7. Rules for fee waivers (Pauper’s Affidavit) are governed by O.C.G.A. § 9-15-2 (Proceeding in Forma Pauperis).

Step-by-Step: How Georgia Renters Can Request a Court Fee Waiver

Here's a quick overview, followed by step-by-step actions below:

• Get the Affidavit of Poverty form from your courthouse, the court's website, or the links above.
• Fill out your financial information honestly.
• File the affidavit along with your main court document (like an Answer or Complaint).
• Wait for the court’s decision (they may ask follow-up questions).

FAQ: Georgia Renters and Court Fee Waivers

1. Can my landlord challenge my fee waiver request?
   Yes. If the landlord believes you do not qualify, they may ask the court to review your finances. The court will decide if the waiver stands.
2. Do I have to pay court fees back later if my situation changes?
   No. If your fee waiver is approved, you do not pay those fees even if your income increases later.
3. What if the court rejects my Affidavit of Poverty?
   The court will typically give a reason. You can either pay the fee, reapply with more information, or seek legal aid assistance for another review.
4. Where can I get a free form or assistance?
   Most county magistrate courts and the Superior Court Clerks’ Cooperative Authority provide forms and help for free. Links are listed below.
5. How long does the fee waiver process take?
   In most cases, the decision is made within a few days—or even the same day for urgent eviction answers.

Key Takeaways for Georgia Renters

• Georgia renters can request a court fee waiver using an Affidavit of Poverty when they can’t afford housing legal fees.
• Be honest and thorough on your application to avoid delays.
• Use official local court resources—and don’t hesitate to ask for help from the clerk.

Need Help? Resources for Renters

• Find Your County Magistrate Court (Housing and eviction cases)
• Georgia Dispossessory & Tenant Forms (Official court documents, including Affidavit of Poverty)
• Georgia Legal Aid (Free tenant support for low-income residents)
• Read the Georgia Landlord-Tenant Laws

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1. Georgia Landlord-Tenant Act, O.C.G.A. Title 44, Chapter 7
2. Georgia Code § 9-15-2: Proceeding in Forma Pauperis
3. Georgia Magistrate Court Directory
4. Georgia Superior Court Clerks’ Cooperative Authority: Dispossessory Forms

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