Legal Rights & Protections · Surprise rank #142
Can't Afford NY Court Fees? Ask the Judge to Waive Filing, Appeal and Transcript Costs
New York courts allow people receiving public benefits or unable to afford basic needs plus court fees to ask for a fee waiver, also called poor person's relief.
Who
People who cannot afford the applicable court fees, including many public-benefit recipients and low-income litigants.
Where: New York State courts
What to do
Start here: Ask the court clerk or Help Center for fee-waiver instructions and submit the required motion and sworn financial affidavit.
Eligibility: The applicant must show inability to pay and provide the financial and case information the judge requires under CPLR 1101.
What you get
A judge can waive qualifying court costs including fees to start a case, demand a jury, appeal and obtain a trial transcript.
Benefit: Waiver of approved court filing and related fees.
Possible value: Depends on the court, case type and fees that would otherwise apply.
Good to know
Important: There is no single statewide fill-in form for every court and judges may require different proof. If you later recover money, the judge can require repayment of waived fees from the recovery.
Availability: Active legal procedure
Why people miss it: People may abandon a legitimate case because they see the filing fee before learning that the court itself can waive it.
Sources reviewed: Aug 10, 2026