What this form actually does
FW-001 asks the court to waive fees you'd otherwise owe — the initial filing fee, but potentially also fees for service of process by the sheriff, jury fees, court reporter fees, and more, depending on what boxes apply to your case. It can be filed by a plaintiff or a defendant, and can be filed at the same time as your first court paper (like UD-105 or SC-100) so nothing is held up while you wait for a decision.
Who typically qualifies
- Public benefits. Receiving need-based benefits such as Medi-Cal, CalFresh (food stamps), SSI, General Assistance, or similar programs generally qualifies you automatically.
- Income-based. Your household income falls under a threshold tied to the federal poverty guidelines — the current multiplier and dollar amounts are listed on the form's instructions (FW-001-INFO) and change periodically, so check the current version rather than an old printout.
- Hardship. Even above the income cutoff, you can ask the court to waive fees if paying would leave you unable to cover basic living expenses — this route requires more detailed financial disclosure and is decided case by case.
Filling it out, section by section
- Case information. If a case already has a number, include it; if you're filing this with your first paper, leave it for the clerk to assign.
- Eligibility basis. Check whichever box applies — public benefits, income level, or hardship — and only one is needed, though you can qualify under more than one.
- Household and income details. List household size and income sources; for the income-based route, this is compared against the current threshold on the form.
- Expenses (hardship route only). If relying on hardship rather than income limits or public benefits, you'll itemize monthly expenses to show why paying fees would create genuine hardship.
- Sign under penalty of perjury. The form is a sworn financial statement — accuracy matters, and the court can ask for follow-up documentation.
The waiver isn't automatically permanent. Courts can reassess eligibility later in the case, and if you're awarded money or the other side pays your costs, the waived fees can sometimes be recovered from that recovery. Read the notice on the form about when waived fees may become due.
Common mistakes
- Filing FW-001 alone without also filing the actual case paper (complaint, answer, claim) it's meant to accompany.
- Guessing at the current income threshold instead of checking the form's current instructions.
- Leaving household size or income sources incomplete, which can delay the clerk's review.
- Not realizing the waiver may need to be renewed or can be reviewed again later in a long-running case.