How to Get a Court Fee Waiver in Indiana Housing Cases

If you're an Indiana renter facing court action—such as an eviction, dispute over repairs, or rent increases—you may need to pay court fees to have your case heard. Fortunately, Indiana law allows renters with limited income to request a waiver for these costs. This helpful guide explains how to request a court fee waiver in Indiana housing cases, the forms you'll need, and what to expect at each step.

Understanding Court Fees in Indiana Housing Cases

When bringing a complaint to an Indiana court, such as for an eviction defense or landlord-tenant dispute, there are usually filing fees or other court costs. For many renters, these expenses can be a barrier to accessing justice. The Indiana Judiciary recognizes this and provides a process to waive fees for those who qualify as indigent (having low income or financial hardship).

Which Court Handles Housing Cases in Indiana?

Most eviction and rental disputes in Indiana are handled by local Indiana trial courts. Small claims and eviction hearings are usually heard in the county-level Small Claims or Superior Courts, depending on where you live.

Who Can Request a Fee Waiver?

If you cannot afford to pay court fees because of low income, government assistance, or a financial emergency, you may qualify for a fee waiver, called proceeding "in forma pauperis." Indiana courts consider:

• Your monthly income
• Your necessary living expenses
• Whether you receive public assistance (such as SNAP or TANF)
• Unexpected financial emergencies

Court staff or a judge will review your application and decide if your fees should be waived.

How to Apply for a Fee Waiver in Indiana

Applying for a fee waiver involves completing a standard Indiana judicial form, submitting it with your housing case, and providing clear financial information. Here’s how to do it:

Official Indiana Fee Waiver Form: Appearance and Verified Petition for Fee Waiver

• Form Name: Appearance by Self-Represented Person in Civil Case & Verified Petition for Fee Waiver
• Form Number: Not individually numbered, provided statewide as part of civil pro se packet.
• Where to Find: Available on the Indiana Courts Self-Service Portal (Low-Income Resources) and directly via Appearance & Verified Petition for Fee Waiver (PDF)
• How It’s Used: You use this form when you file or respond to a housing case (such as an eviction or landlord dispute) and cannot afford the filing fees. For example, if you're being evicted and want to defend yourself in court but can't pay the filing fee, fill out this form and submit it along with your court papers to request that the judge waive your fees.

Steps to Complete and Submit the Fee Waiver Form

• Download and complete the fee waiver form. Fill in accurate details about your income, living expenses, and any financial assistance you receive.
• Attach the completed form to your housing court documents when you file them with the local trial court. You can usually submit these in person at the clerk’s office or by mail.
• Wait for the court’s decision. In some cases, the judge may set a hearing to ask additional questions about your ability to pay.
• If your waiver is granted, you will not have to pay the court fees at the beginning or during your case.

You can get more information and download forms from the Indiana Courts official low-income resource page.

What Happens After You File for a Fee Waiver?

After you submit the form, the court will review your petition:

• If approved, the court should process your housing case as if the fees were paid.
• If additional information is needed, you may be asked to appear for a brief hearing.
• If denied, you will be required to pay the fees before the case moves forward.

This process ensures that all Indiana renters have access to the courts, regardless of their financial situation.

Relevant Indiana Laws for Renters

The rights and responsibilities of tenants and landlords in Indiana are mainly covered under the Indiana Code Title 32, Article 31 – Landlord-Tenant Relations.¹ Fee waivers and court indigency standards are set by the Indiana Supreme Court’s access to justice initiatives.²

Frequently Asked Questions

1. Does requesting a fee waiver in Indiana delay my housing case?
   Usually, no. The court generally reviews your waiver request quickly. However, if more information is needed or a hearing is required, there may be a short delay.
2. Can I still get a fee waiver if I am currently employed?
   Yes. As long as your overall income and expenses show you can’t afford the court fees, you may qualify even if you have a job.
3. What if my fee waiver request is denied?
   If your application is denied, you must pay the court fees for your case to proceed. You can ask the court if there is an appeals process or seek help from legal aid.
4. Is there help available to fill out the fee waiver form?
   Many local legal aid offices and self-help court programs can help renters complete these forms at no cost.
5. Where can I track the status of my housing case or fee waiver?
   You can check on your case by contacting your local county court clerk. Find your local court using the Indiana Courts Directory.

Key Takeaways for Indiana Renters

• If you’re worried about court costs in a housing dispute, you may be able to have fees waived.
• Complete and submit the court’s "Appearance and Verified Petition for Fee Waiver" form when filing your case.
• Use official court resources and bring proof of income for the best chance of approval.

Knowing this process can help you access your renter rights without worrying about upfront court costs.

Need Help? Resources for Renters

• Indiana Courts Official Website – General information, forms, and local court directory
• Indiana Courts Low-Income Resources – Fee waiver forms and eligibility details
• Indiana Legal Help – Free legal aid information and local legal aid office directory
• Landlord-Tenant Laws: Indiana Code Title 32, Article 31

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1. Indiana Code Title 32, Article 31 – Landlord-Tenant Relations
2. Indiana Courts: Filing as an indigent person

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