How to Get a Court Fee Waiver in Louisiana Housing Cases

Are you a renter in Louisiana worried you can’t afford court fees for a housing dispute, like an eviction or repair issue? It’s important to know that you may qualify for a court fee waiver, which can ease the process of protecting your rights as a tenant. Louisiana courts recognize that not everyone can pay filing, service, or motion fees, and offer a process for renters to request these costs be waived if they can't afford them.

What Is a Court Fee Waiver?

A court fee waiver is an official decision by the court to let you proceed with your case without paying fees up front. This is often called proceeding in forma pauperis, which is a legal term meaning "as a poor person"—simply, the court recognizes you cannot pay filing costs without hardship.

When Can Louisiana Renters Request a Fee Waiver?

Fee waivers are available for most civil cases, including housing-related cases like:

• Eviction hearings (known as "rule for possession")
• Disputes over rent, deposits, or repairs
• Other landlord-tenant court matters

You should request the waiver at the time you file your initial court papers, or as soon as you realize you cannot afford the fees.

Which Court Handles Housing Cases in Louisiana?

In Louisiana, most rental and eviction cases are heard in the District Courts and City Courts. These courts handle landlord-tenant matters, and each parish or city court may have its own procedures for requesting a court fee waiver.

Louisiana Fee Waiver Forms for Renters

The main form used to request a fee waiver is known as the “Motion and Order to Proceed In Forma Pauperis.” Some courts provide their own downloadable version, while others expect you to draft it yourself.

• Form Name: Motion and Order to Proceed In Forma Pauperis
• Used for: Asking the judge to let you file or proceed in court without prepaying fees
• Example scenario: If you receive an eviction notice but cannot afford the filing fee to submit your answer or a defense, you may complete this form and give it to the clerk when you file your paperwork.
• Official example form and instructions: Sample In Forma Pauperis Motion and Order (Louisiana Supreme Court)

Other forms or court-specific instructions may be available from your local court’s website. If you need help, ask the court clerk for "in forma pauperis" forms or instructions for your parish or city.

How the Process Works: Step-by-Step

Here’s a simple overview so you can confidently start the process:

• Get the right form: Ask the court clerk for the "In Forma Pauperis" (fee waiver) form, or download one from the Louisiana Supreme Court website.
• Fill it out: You’ll need to provide information about your income, expenses, and why you can’t afford the fees.
• Sign the form: Most courts require you to sign in front of the clerk or a notary.
• File with your other court papers: Hand the completed form in with your other documents (for example, your answer to an eviction or your motion regarding a rental dispute).
• The judge reviews: The judge will review your request. In most cases, you don’t need a hearing. If the judge approves, you won’t have to pay up front. If denied, the court will tell you why.

What Proof Do You Need?

Be ready to supply information about your income (like pay stubs, SNAP, SSI, or unemployment notices), your expenses, and anyone you financially support. Sometimes, you may need to sign an affidavit—a sworn statement—confirming your situation is true.

Relevant Louisiana Tenant Law

Louisiana court procedures about filing without payment are established in Louisiana Code of Civil Procedure Article 5181 et seq., and housing rights for renters are governed by the Louisiana Civil Code, Title IX: Lease (Articles 2668-2729).¹ These laws set out your landlord and tenant rights, and outline the court’s authority to waive costs for low-income renters.

FAQ: Court Fee Waivers for Louisiana Renters

1. Can I get a court fee waiver if I already started my case?
   If you have already started your case and realize you can't pay later fees or costs, you can still file a request for a waiver at any stage.
2. Will getting a fee waiver affect my rental dispute or eviction outcome?
   No. The judge decides your case based on the facts and law, not whether you paid fees or received a waiver.
3. What happens if the judge denies my fee waiver request?
   If your application is denied, you’ll be given a reason. You may try to submit more information or pay the required fees to proceed.
4. Do I need a lawyer to request a court fee waiver?
   No, you do not need a lawyer to apply for a waiver. However, free legal help is available if you need guidance.
5. Can my landlord oppose my fee waiver request?
   Your landlord can object in writing if they believe you don’t qualify, but the final decision is up to the judge.

Key Takeaways for Louisiana Renters

• It is your right to request a court fee waiver if you cannot afford to pay.
• Use the "Motion and Order to Proceed In Forma Pauperis" form and provide honest, complete information.
• No lawyer is required—you can request a waiver yourself at any court stage.

Remember, asking for help is your right. Financial barriers shouldn’t stop you from protecting your home or asserting your rights as a tenant.

Need Help? Resources for Renters

• Louisiana Supreme Court – Forms, resources, and information for all courts
• Louisiana Department of Children & Family Services – Apply for SNAP and other benefits
• Louisiana Law Help – Find free legal aid and local court contacts about tenant rights
• Find Your District or City Court – Locate your local court to get forms and filing info

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1. Louisiana Code of Civil Procedure Article 5181 et seq. – In Forma Pauperis Process; Louisiana Civil Code, Title IX: Lease (Articles 2668-2729) – Tenant & Landlord Rights

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