In Forma Pauperis: How to Waive Federal Filing Fees

Filing a civil lawsuit in federal court costs $405. If you can't afford that, you can apply to proceed in forma pauperis — IFP — which waives the filing fee. About 75,000 pro se cases are filed in federal court each year, and a significant portion proceed IFP. Here's how it works, what you need to apply, what it covers, and what it doesn't.

What In Forma Pauperis Means

In forma pauperis is Latin for "in the manner of a pauper." Under 28 U.S.C. § 1915, any federal court may authorize a lawsuit to proceed without prepayment of fees if the plaintiff submits an affidavit showing they are unable to pay. For non-prisoner plaintiffs, the filing fee is waived entirely. For prisoners, the fee is paid in installments from their commissary account (more on this below).

IFP is not a loan. You don't owe the filing fee later if you win. The fee is waived — gone. The trade-off is that IFP cases receive additional judicial scrutiny before they proceed.

What Income Qualifies?

This is the question everyone asks, and the honest answer is that there is no fixed income threshold. The statute says "unable to pay" and leaves the determination to the judge's discretion. There is no federal regulation defining what income level qualifies. Different judges in different districts apply different standards.

That said, most courts look at a combination of factors when evaluating your application: your monthly income from all sources, your monthly expenses (rent, food, medical, transportation, debt payments), your assets (bank accounts, property, vehicles), your debts and liabilities, and the number of dependents you support.

Many courts informally reference the federal poverty guidelines as a benchmark. If your income is at or below 125-200% of the poverty line, IFP is generally granted. For 2026, the poverty line for a single individual in the 48 contiguous states is approximately $15,650/year. At 200%, that's about $31,300/year. But these are guidelines, not rules. A person earning $40,000/year with $35,000 in medical debt and three dependents could still qualify. A person earning $20,000/year with $100,000 in savings probably wouldn't.

The judge reviews your complete financial picture. Be thorough and honest on the application.

How to Apply

1. Get the form. Most district courts provide an IFP application form on their website, usually called "Application to Proceed Without Prepayment of Fees" or "Application to Proceed In Forma Pauperis." Check your court's "Pro Se" or "Forms" page. If your court doesn't have its own form, use the standard AO 240 form from uscourts.gov.
2. Complete the financial disclosure. The form asks for: your employment status and monthly income, income from any other sources (government benefits, alimony, investments, support from family), your monthly expenses broken down by category (housing, food, utilities, medical, transportation, debt payments), your assets (bank account balances, property, vehicles, investments), and your debts. Fill in every section. Leaving sections blank can be interpreted as either hiding information or carelessness — neither helps you.
3. Sign the affidavit under penalty of perjury. The form includes a declaration under 28 U.S.C. § 1746 that the information you provided is true and correct. Sign it.
4. File the application with your complaint. The IFP application is filed at the same time as your complaint and civil cover sheet. You submit all three together to the clerk's office. You don't pay the filing fee at this point — the IFP application takes its place.
5. Wait for the ruling. A judge (often a magistrate judge) reviews your application and your complaint. The ruling usually comes within a few days to a few weeks. You'll receive the order by mail or through CM/ECF if you have electronic access.

What Happens After You Apply

If IFP is granted

Your case proceeds without you paying the filing fee. The court will order the U.S. Marshals to serve the defendant on your behalf at no cost (under 28 U.S.C. § 1915(d)). But — and this is important — the court also screens your complaint for merit under § 1915(e)(2). The judge must dismiss the case if it is frivolous or malicious, fails to state a claim on which relief can be granted, or seeks monetary damages from a defendant who is immune. This screening happens before the defendant is even served. Many IFP cases are dismissed at this stage. This doesn't mean IFP is a trap — it means the court uses the screening to filter out cases that would inevitably fail, saving everyone's time and resources.

If IFP is denied

You must pay the $405 filing fee promptly or your case will be dismissed. Most courts give you a short window (often 14-30 days) to pay after the denial. If you believe the denial was wrong — for example, the judge misread your financial information — you can file a motion for reconsideration with additional documentation.

If IFP is granted but the complaint is dismissed

The court may dismiss your complaint under § 1915(e)(2) but grant you leave to amend. This means you can fix the deficiencies identified by the court and file an amended complaint. This is actually a common and useful outcome — the court is telling you what's wrong and giving you a chance to fix it. Take the opportunity seriously, address every issue the court identified, and refile.

What IFP Covers (and What It Doesn't)

The gap between what IFP covers and what litigation actually costs is significant. Discovery depositions alone can cost hundreds or thousands of dollars (court reporter fees, transcript costs). Expert witnesses can cost even more. Pro se IFP litigants need to be strategic about which discovery tools they use — written interrogatories and requests for production are free to serve, while depositions are expensive. For more on managing discovery as a pro se litigant, see our discovery guide.

IFP for Prisoners

Prisoners filing federal lawsuits under IFP face additional requirements under the Prison Litigation Reform Act (PLRA). Unlike non-prisoner plaintiffs whose filing fee is waived outright, prisoners must pay the full $405 fee in installments deducted from their commissary account.

The process works like this: the court assesses an initial partial payment of 20% of the greater of (a) the average monthly deposits to the prisoner's account or (b) the average monthly balance in the account, over the preceding six months. After that initial payment, 20% of the preceding month's income is deducted automatically until the fee is paid in full. The prisoner must provide a certified trust fund account statement for the prior six months with the IFP application.

The three-strikes rule

Under 28 U.S.C. § 1915(g), a prisoner who has had three or more prior lawsuits dismissed as frivolous, malicious, or for failure to state a claim is barred from filing IFP unless they are in "imminent danger of serious physical injury." This is the "three-strikes" rule. It applies per case, not per claim — so a single lawsuit with multiple dismissed claims counts as one strike.

IFP on Appeal

If your case is decided against you and you want to appeal, you need to apply for IFP again at the appellate level. IFP status in the district court does not automatically carry over to the court of appeals. The appellate filing fee is $505. You file a new IFP application with the notice of appeal.

The district court may certify that the appeal is not taken in good faith (under § 1915(a)(3)), which denies IFP on appeal. If this happens, you must pay the appellate filing fee or petition the court of appeals directly to proceed IFP.

Can IFP Be Revoked?

Yes. If the court discovers that you misrepresented your financial situation, or if your financial circumstances change significantly during the litigation (you inherit money, get a high-paying job, etc.), the court can revoke IFP status and require you to pay the filing fee. Courts rarely do this proactively, but opposing parties sometimes file motions challenging IFP status if they believe the plaintiff has resources.

Filing Your Case with IFP: The Complete Checklist

When you submit your initial filing with an IFP application, deliver all of the following to the clerk's office together: your complaint (the document that starts the lawsuit), the civil cover sheet (JS 44 form), and the completed IFP application with the financial affidavit signed under penalty of perjury. Do not include the filing fee — the IFP application replaces it. If IFP is denied, the court will give you time to pay.

All documents should be in the format your court requires. For electronic filing, that means PDF. For paper filing, that means printed on 8.5 × 11 paper with original signatures. See our formatting requirements guide for details.