How-To: Get Free Access to the Law from DOAH
| Background: | You are litigating a case at DOAH |
| Problem: | You cannot afford legal costs/fees (eg. subpoenas, appellate fees, etc.) |
| Solution: | You ask DOAH to give you a Certificate of Civil Indigence |
I. Definitions
2. in a legal context, a person found by a court to be unable to hire a lawyer or otherwise meet the expense of defending a criminal matter, at which point defense counsel is appointed by the court. See in forma pauperis; public defender.
II. Legal Citations
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"(3) If an applicant prevails in an action, costs shall be taxed in his or her favor as provided by law and, when collected, shall be applied to pay filing fees or costs that have not been paid."
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"(2)(a)1. An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant’s income is equal to or below 200 percent of the then-current federal poverty guidelines..."
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"(2)(a)2. There is a presumption that the applicant is not indigent if the applicant owns, or has equity in, any intangible or tangible personal property or real property or the expectancy of an interest in any such property having a net equity value of $2,500 or more..."
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"(2)(d) The duty of the clerk in determining whether an applicant is indigent is limited to receiving the application and comparing the information provided in the application to the criteria prescribed in this subsection. The determination of indigent status is a ministerial act of the clerk and may not be based on further investigation or the exercise of independent judgment by the clerk."
III. Samples
| # | Comments | ₧ | |
|---|---|---|---|
| 1 |  | ¿Unknown Result? DOAH | Income = $168 | Expenses = $356 | Bank = ¿? | Uncommon form. |  |
| 2 | | ✓ Granted. DOAH | Income = $888 | Expenses = ¿? | Bank = $0 | Social Security. | |
| 3 | | ✓ Granted. DOAH | Income = ¿? | Expenses = ¿? | Bank = ¿? | Letter instead of application. | |
| 4 | | ✓ Granted. DOAH | Income = $1,242 | Expenses = $1,364 | Bank = $300 | Old form (2008). | |
| 5 | | ✓ Granted. DOAH | Income = $669 | Expenses = $1,687 | Bank = $0 | Old form (2009). | |
IV. Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template. Tested & Approved. |  |
V. Quick Commentary
- DOAH will not investigate the veracity of your application.
- DOAH will not consult additional information in determining your indigence.
- Critical Note: Your application for civil indigence is submitted under Penalty of Perjury!
- Please download as many sample documents as you'd like
- Proofread your application as much as possible.
- Save the final version as a PDF file.
- File your application with DOAH.
- Await DOAH's "Certificate of Civil Indigency".
- Use the certificate where necessary.
- For Subpoenas (ie, send certificate to the Sheriffs)
- For Appeals (ie, file the certificate to the appellate clerk)
- IF YOU WIN then DOAH will tax you for the free services you received. Example A:
- John Doe sues ABC Co at DOAH. John Doe is poor.
- DOAH certifies John Doe's application for civil indigence.
- John Doe racks up $1,000 in legal fees (pertinent to his case).
- John Doe wins his case.
- DOAH orders ABC Co to pay John Doe $10,000.
- John Doe pays $1,000 back to the legal system.
- John Doe receives the remaining $9,000.
- IF YOU LOSE you still pay nothing. Example B:
- John Doe sues ABC Co at DOAH. John doe is poor.
- DOAH certifies John Doe's application for civil indigence.
- John Doe racks up $1,000 in legal fees (pertinent to his case).
- John Doe loses his case.
VI. Additional Notes
- Total Time needed ≈ 0-1 hours
- Instead of filing your application with the Court, you might be able to email/mail it directly to DOAH's clerk.
- You do NOT need to send a copy directly to your civil opponent(s). You're not required to. Plus, they can get the certificate from the court docket.
VII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
