Wisconsin Court Fee Waivers for Renters: What You Need to Know
If you're a renter in Wisconsin facing a housing dispute, such as eviction or rent-related issues, you may need to go to court. Sometimes court fees can be a barrier, especially if you're already struggling financially. Fortunately, Wisconsin law makes it possible for people with limited income to ask the court to waive these fees, so you can access justice without additional financial stress.
What Is a Court Fee Waiver?
A court fee waiver (also called “indigency and confidentiality” in official forms) is a legal process where you ask the court to let you file documents or participate in a hearing without paying some or all of the usual filing fees. This ensures that all renters, regardless of income, can protect their rights in housing court.
Who Can Request a Court Fee Waiver in Wisconsin?
Any renter involved in a housing-related case—like an eviction, a dispute about rent payments, or a maintenance complaint—can ask the court for a fee waiver. You must show that paying court costs would be a financial hardship. Typically, eligibility is based on your income, assets, or if you receive certain public benefits like SSI or Medicaid.
Key Official Form: Petition for Waiver of Fees and Costs (Form GF-001)
- Form Name and Number: Petition for Waiver of Fees and Costs – Affidavit of Indigency (GF-001)
- Download the Petition for Waiver of Fees and Costs (Form GF-001) – official court PDF
- When and How to Use: File this form before you submit any paperwork that requires a fee, such as an answer to an eviction notice. For example, if you have received a summons for eviction (also called an “unlawful detainer” action under Wisconsin law) and cannot afford the court fee to file your response, submit GF-001 to ask the court to let you proceed without payment.
How the Fee Waiver Process Works
The court reviews your petition and may approve the fee waiver, deny it, or require more information. In some cases, a judge may ask for a short hearing about your finances.
- Be ready to provide proof of income (such as pay stubs, proof of public assistance, or recent tax returns)
- If approved, you won't need to pay the standard filing fees to start or respond to your housing case
- If denied, the court must tell you why and you can update your request or seek help from legal aid
Where Are Wisconsin Housing Cases Heard?
In Wisconsin, most residential landlord-tenant disputes are handled by the Wisconsin Circuit Courts. Each county has its own circuit court where eviction, rent, and other housing cases are filed and decided.
Relevant Wisconsin Housing Law
- Wisconsin Statutes Chapter 704 – Landlord and Tenant: Outlines renter and landlord rights, including eviction rules and maintenance responsibilities
- Wisconsin Statutes Chapter 799 – Small Claims Actions: Covers the court procedures used for most eviction and housing cases
Step-by-Step: How to Apply for a Court Fee Waiver in Housing Cases
Applying for a court fee waiver in Wisconsin is straightforward if you gather your financial paperwork and fill out the petition carefully. Here's a simple outline:
- Get a copy of Form GF-001.
- Fill in your personal details, income, and types of government benefits (if any).
- Attach copies of documents that show your income or benefits.
- Sign and date the form under oath.
- File it with the clerk of circuit court in the same county as your housing case (often at the courthouse or online, where available).
Once filed, wait for the court’s decision, which could take a few days. You may be notified if you need to provide more information or attend a short hearing about your finances.
The fee waiver process is confidential. Filing for fee waiver does not affect the outcome of your housing dispute; it just addresses your ability to pay court costs so you can participate fully in your case.
Frequently Asked Questions
- Can I get a court fee waiver if I am already receiving public assistance?
Yes. If you receive benefits like SSI, Medicaid, or FoodShare, you likely qualify for a court fee waiver in Wisconsin. Simply indicate this on your petition and attach proof. - Will the landlord know that I filed for a fee waiver?
Generally, no. The fee waiver process is kept separate from your case, so it won't affect the judge’s opinion about the case itself. - What if my fee waiver application is denied?
If denied, the court will explain why. You can submit more information or seek help from local legal aid organizations for further assistance. - Do I have to attend a hearing?
Some cases require a short hearing to confirm your financial situation if the paperwork is unclear. Bring documents like pay stubs or benefit letters if asked to appear. - Is there a deadline for requesting a fee waiver in housing cases?
It's best to file the petition with your first court document (such as your answer to an eviction) to avoid delays. You can file later if circumstances change, but don't delay your court response.
Key Takeaways for Wisconsin Renters
- If court fees are a hardship, you have the right to request a fee waiver in all housing-related matters.
- Use Form GF-001 for your application and file with your county's circuit court.
- The process is confidential and does not affect your housing case outcome.
Staying proactive and informed about your rights makes navigating housing disputes less stressful.
Need Help? Resources for Renters
- Wisconsin Circuit Courts Directory: Find your local court to file housing cases and court fee waivers.
- State Bar of Wisconsin – Legal Help Resources: Find free and low-cost legal aid services across Wisconsin.
- Wisconsin Department of Justice – Housing Rights Resources: Learn about tenant protections and housing rights programs.
- Form GF-001 (Petition for Waiver of Fees and Costs) – Download Official Form
- Legal Action of Wisconsin: Provides free legal help for eligible low-income renters statewide.
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