Affidavit of Indigency

An affidavit of indigency is a statement that asks a court to waive filing fees and costs because you cannot afford them. Massachusetts, Texas and the federal district courts let you sign it under penalty of perjury, while some county forms must be sworn in front of a notary. NotaryPublic24 notarizes your signed affidavit online.

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Affidavit of indigency notarization

What Is an Affidavit of Indigency?

An affidavit of indigency is a written statement, made under oath or under penalty of perjury, in which a party to a court case declares that they cannot afford the court fees and costs. The court or its clerk uses it to decide whether to waive those fees.

Courts use different names for the same document. Texas uses a Statement of Inability to Afford Payment of Court Costs, and federal district courts use form AO 240 under 28 U.S.C. §1915.

The affidavit lists your income, assets, debts and the people who depend on you. Every answer must be true, just as in a sworn statement.

Who Qualifies as Indigent?

Each state sets its own test. In Massachusetts you qualify if you receive public assistance such as SSI or MassHealth, or if your income after taxes does not exceed 125% of the federal poverty line.

You also qualify in Massachusetts if paying the fees would deprive you or your dependents of food, shelter and clothing. A waiver there can cover court fees and costs, such as filing fees and the cost of serving papers, but not attorneys’ fees.

Florida leaves the decision to the clerk of court. Under Florida Statutes §57.082, your application must list your net income, other income, assets and debts.

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How to File an Affidavit of Indigency

Use the form from the court where your case is filed, since states and even counties have their own versions. Fill in your income, assets, expenses and dependents, and attach any documents the form asks for.

File the affidavit with the clerk of the court that handles your case. In Massachusetts you can also prepare and file it online with the court’s Guide and File program.

If a Florida clerk finds that you are not indigent, you can ask the court to review that decision. Keep a copy of everything you file.

Does an Affidavit of Indigency Need to Be Notarized?

It depends on the court. The Massachusetts affidavit, the Texas statement and the federal AO 240 form are all signed under penalty of perjury, so no notary is needed.

Some forms must be sworn before a notary. The Fulton County, Georgia affidavit of indigency tells you to sign in front of the notary, who completes the jurat and adds a seal.

Check the signature block on your form and ask the court whether it accepts online notarization. Then order notarization and NotaryPublic24 notarizes your signed affidavit online.

Affidavit of indigency notarization process
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Uncertain about your possibilities? Contact us in a way that fits you the best, either by emailing us at “info@notarypublic24.com”, using our “Free Consulting” website form, or by chatting with one of our experts through the live chat application.

Frequently asked questions

What is a notarization?

Notarization is the official process of having a document legally verified by a notary public. A notary public is an authorized official who verifies the identities of the people signing a document and confirms that the signatures are authentic. This process makes the document legally recognized and trustworthy, helping to prevent fraud and ensuring its validity for important matters like buying a house, signing a contract, or creating a will.

What is an Apostille?

An Apostille is a certificate that makes your document valid in other countries. It's like a stamp of approval that confirms your document is real and can be used in countries that are part of the Apostille Convention. This agreement between countries makes it easier to use important documents like birth certificates and marriage licenses abroad without needing any other certifications. The Apostille verifies the signatures and seals on your document, ensuring it's accepted as genuine.

What is a Notary Public?

A Notary Public is an authorized official who has the right to issue certain certificates. An example is the Apostille stamp. A Notary Public is authorized by the state and applies their official seal and signature to certify the documents.

What is an affidavit of indigency?

An affidavit of indigency is a statement, made under oath or under penalty of perjury, asking a court to waive filing fees and costs because you cannot afford them. It lists your income, assets, debts and dependents, and the court uses it to decide whether you qualify.

Who qualifies as indigent for court fees?

Each state sets its own rules. In Massachusetts you qualify if you receive public assistance such as SSI or MassHealth, if your income after taxes does not exceed 125% of the federal poverty line, or if paying would deprive you or your dependents of food, shelter and clothing.

How do I fill out an affidavit of indigency?

Get the form from the court handling your case. Enter your income, assets, monthly expenses and the people who depend on you, and answer every question truthfully. Sign it as the form instructs, either under penalty of perjury or in front of a notary, and file it with the clerk.

Does an affidavit of indigency need to be notarized?

Only if the court's form requires it. The Massachusetts, Texas and federal forms are signed under penalty of perjury without a notary. Some county forms, such as the Fulton County, Georgia affidavit of indigency, must be signed in front of a notary.

Who decides if I am indigent?

The court or its clerk decides. In Florida the clerk of court determines civil indigent status, and you can ask the court to review a decision that you are not indigent. In Massachusetts the court records its decision on fees and costs in a written determination.

Can I notarize online?

Yes, you can notarize your documents online. With our online service, simply upload your documents, complete the checkout process, and verify your identity digitally. It only takes a few minutes! You'll receive your notarized documents within 24 hours with a sealed notary stamp.

Do I need to be physically present?

No, you do not have to be physically present to notarize online. However, you need to verify your identity with a government issued ID.

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