How to Get a Court Fee Waiver in Mississippi Housing Cases

If you are a renter in Mississippi facing a housing legal issue—like eviction or landlord disputes—you may need to go to court. However, court filing fees can be a barrier if you have a low income. Thankfully, Mississippi offers a court fee waiver process to help renters who cannot afford these costs get fair access to justice. This article explains, in plain language, how fee waivers work in the context of Mississippi housing cases, what steps to take, and where to get official help and resources.

What Is a Court Fee Waiver?

A court fee waiver is special permission to file court papers or defend yourself in a housing case without paying the required upfront filing fees. This is sometimes called “proceeding in forma pauperis.” Mississippi allows renters with limited income to apply for a fee waiver. If granted, you will not have to pay court costs right away related to eviction or housing disputes.

Who Handles Housing Cases in Mississippi?

Mississippi housing (landlord-tenant) cases are typically handled in Mississippi Justice Courts. Each county’s Justice Court oversees cases involving evictions, repairs, deposits, and more. For more details, visit the Mississippi Judiciary’s official website.

Relevant Mississippi Tenancy Law

Tenancies in Mississippi are governed by the Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 et seq.).^[1]

How to Apply for a Fee Waiver in Mississippi Housing Cases

If you can’t afford to pay court filing fees, you have the right to ask for a waiver by submitting an official form to the court.

Key Mississippi Fee Waiver Form

• Mississippi Affidavit of Indigency
  • Form Name: In Forma Pauperis Affidavit (sometimes called "Affidavit of Indigency")
  • When to Use: If you cannot afford to pay the court filing fees for your housing issue (such as eviction), you should submit this form before or with your initial court documents.
  • Where to Find: Many courts use this official Affidavit of Indigency form. Some counties have their own version, so always check with the clerk’s office for your court.
  • Example: If your landlord files for eviction and you cannot afford the required Justice Court filing fees, you can submit the Affidavit of Indigency along with your response. The judge will review the details and decide if the fees can be waived.

This process helps ensure no renter is denied their day in court due to lack of funds.

How Mississippi Justice Courts Decide Fee Waivers

Once you file the form, the Justice Court judge will review your income and expenses. You may be asked about your job, public benefits, dependents, and monthly bills. If the judge agrees you cannot pay the fee, they will grant your request, and you can continue your case without paying upfront costs. Always truthfully complete the form to avoid delays.

Step-by-Step: Applying for a Court Fee Waiver

Below is a summary of the application process for Mississippi renters:

• Get the Affidavit of Indigency form from the court, your local clerk, or download the official template.
• Fill out the form with accurate details about your income, expenses, assets, and household size.
• File the form with the clerk of the Justice Court where your housing case is being heard.
• Be ready to answer questions from the judge about your finances. Bring proof if possible (such as pay stubs or benefit letters).
• Wait for the judge’s decision. Most decisions are made quickly so your case can move forward.

This allows Mississippi renters to participate fully in their housing cases, even if they’re struggling financially.

Mississippi Court Fee Waiver FAQs

1. Who is eligible for a court fee waiver in Mississippi housing cases?
   Renters who cannot afford filing fees due to low income, job loss, or high expenses can apply. Approval is based on your financial situation and whether paying fees would be a hardship.
2. Do I need a lawyer to apply for a court fee waiver?
   No. It is not required. You can fill out the Affidavit of Indigency on your own, but free resources and legal aid are available if you need help.
3. Will my landlord be told that I applied for a fee waiver?
   Your landlord may see your court file, but judges do not use a fee waiver request as a factor in deciding eviction or other housing claims.
4. What if my request for a waiver is denied?
   You can ask the judge if there's another way to pay. Try contacting Mississippi Legal Services for help.
5. Is a court fee waiver permanent?
   No, it is only for that specific case. If you have another case, you will need to reapply.

Key Takeaways for Mississippi Renters

• Mississippi renters can apply for a court fee waiver if they cannot afford filing fees when facing eviction or housing cases.
• Use the official Affidavit of Indigency form and file it with your local Justice Court.
• Court staff and legal aid groups are available to help if you have questions or need support.

Need Help? Resources for Renters

• Mississippi Justice Court Locations and Clerk Contact Information
• Mississippi Center for Legal Services – Free legal help for low-income renters
• Mississippi Residential Landlord and Tenant Act (Official Legislation)
• Find Your Local Justice Court Clerk

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1. Mississippi Residential Landlord and Tenant Act (Miss. Code Ann. § 89-8-1 et seq.)

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