Asking The Court For A Fee Delayer Application - In Forma Pauperis (IFP)

To qualify for IFP status, do not count support from friends or distant relatives as income. Income calculations exclude this aid.

The court weighs income, resources, and specific benefits to determine IFP status. Help from those without a legal obligation is left out.

When applying for IFP status, do not report aid from friends or non-obligated relatives as income. The focus is on your financial situation and any benefits you receive.

You can qualify for in forma pauperis (IFP) status even if your income is above 125% of the federal poverty level. The court will assess your net income after necessary expenses and debts.

In Louisiana, courts adopt a practical method to check your ability to pay. They consider what you can afford after covering essential living costs and debts. Courts may also look at your property, like a small family home, to see if it can help cover expenses. Importantly, you don’t have to sell your home or its furniture to pay court costs. The Louisiana Supreme Court stresses a realistic view of finances in these evaluations.

When you request in forma pauperis (IFP) status, your opponent or the court clerk can challenge it. They do this by filing a traversal. This is a formal process in which they dispute your claim of being unable to pay court fees.

A traversal to your IFP request means someone thinks you don't qualify for IFP status. They might argue that you can afford the fees or that your situation does not meet the criteria for a fee waiver.

During this process, they present arguments and evidence against your claim. The court then reviews all the information and decides whether to approve or deny your IFP status. 

To apply for in-forma pauperis (IFP) status, it's best to do so when you first file your court papers. Include the IFP application with your initial filing. 

If you're already involved in a case and can no longer afford court costs, you can still apply later. Just be sure to file the IFP application before the fees are due. 

The judge decides whether to approve your in-forma pauperis (IFP) application. They will review your financial situation and the supporting documents you provide, along with any relevant laws or guidelines. 

If the judge finds that you meet the requirements for IFP, such as having limited income or assets, they will issue an order granting your request. This allows you to move forward without paying court fees. If your application is denied, you'll be responsible for paying the fees unless you appeal or take other legal steps. 

If you are granted in forma pauperis (IFP) status, you don’t have to pay court fees at the start. However, if you lose or settle the case, you may be required to pay court costs. The court has the discretion to waive these costs if it deems it fair. If the case is settled or dismissed before a judgment, you must pay all court costs to officially close the case.

There are special rules for domestic violence and unemployment compensation cases. If you’re seeking protection from domestic abuse, stalking, or sexual assault, you won’t need to pay court costs upfront for things like restraining orders. Similarly, if you’re appealing for unemployment benefits, you typically won’t pay court costs unless the court finds your case to be frivolous.

If the court grants you in forma pauperis (IFP) status, most of the costs related to your case will be covered, including fees for the court clerk, sheriff, court reporter, witnesses, jury costs, and the expenses for devolutive appeals and supervisory writs.

However, in Louisiana state court, you may still need to post a bond for certain actions, like a suspensive appeal or a temporary restraining order. For example, if you lose an eviction case and want to appeal, you’d need to post a bond to stop the eviction while the appeal is reviewed. For more information, see Evictions. In federal court, these bonds might be waived for IFP litigants.

If you have been granted in forma pauperis (IFP) status, the court generally cannot require you to make monthly payments toward court costs. This means that once you qualify for IFP, you are not expected to make regular payments to cover the case expenses.

Whether the court can deny a judgment until costs are paid depends on the circumstances. If you’ve been granted in forma pauperis (IFP) status, the court generally cannot withhold your judgment due to unpaid costs. This means you are protected from being denied a judgment because of an inability to pay.

Additionally, the court or clerk’s office cannot refuse to give you a certified copy of the judgment if you’re in forma pauperis, even if costs remain unpaid.

However, the court can still order the opposing party to cover the costs. If the case is settled or dismissed before a judgment, all costs must be paid for the settlement or dismissal to be finalized.

In Louisiana, you would typically file your in forma pauperis (IFP) application with the court where your case is being heard. The specific court where you should file your IFP application will depend on the nature of your case. Here are some general guidelines for common types of cases:

1. Civil Cases: For civil matters like personal injury, contract disputes, or family law cases, you would file your IFP application with the district or city court in the parish where the case is taking place.

2. Criminal Cases: In criminal matters, whether misdemeanors or felonies, the IFP application is filed with the district, city, or specialized criminal court, depending on the case’s severity and jurisdiction.

3. Appellate Cases: If appealing a lower court’s decision, file your IFP application with the appellate court covering that lower court’s jurisdiction. Louisiana has five circuit courts of appeal, each responsible for specific regions.