How-To: Appeal Your FCHR Case For Free
| Background: | You are appealing an FCHR Final Order |
| Problem: | You cannot afford the Court's costs/fees (eg. the $300 filing fee, etc.) |
| Solution: | You ask the FCHR 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 |  | ✓ Granted. FCHR | Income = $735 | Expenses = $0 | Bank = $0 | Social Security. |  |
| 2 | | ✓ Granted. FCHR | Income = $26,820 (A) | Liabilities = $13,711 | Bank = $165 | 1 Dependent. | |
| 3 | | ¿Unknown? Result. FCHR | Income = $9,240 (A) | Expenses = $0 | Bank = $0. | |
| 4 | | ✓ Granted. FCHR | Income = $803 | Liabilities = $70,000 | Bank = $3 | Bankrupt. | |
| 5 | | ¿Unknown? Result. FCHR | Income = $2,212 | Expenses = $2,639 | Bank = $2,212. | |
IV. Forms & Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Official Agency Form. Must print out then complete by hand. | Free |
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template. Tested & Approved. |  |
V. Quick Commentary
- The FCHR Clerk will not investigate the veracity of your application.
- FCHR's Clerk, however, might ask you to clarify some items (usually about motor vehicles).
- The FCHR Clerk 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.
- Send the document to the FCHR.
- Receive the FCHR's stamped approval.
- File the certified/stamped version with your district court of appeal.
- IF YOU WIN the Appellate Court will tax you for the free services you received. Example A:
- John Doe appeals the FCHR's final decision. John Doe is poor.
- The FCHR 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 appellate case. He subsequently wins his trial.
- The Trial Court awards John Doe $10,000.
- John Doe pays $1,000 back to the Court.
- John Doe receives the remaining $9,000.
- IF YOU LOSE you still pay nothing. Example B:
- John Doe appeals the FCHR's final decision. John doe is poor.
- The FCHR 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 appellate case.
- John Doe pays nothing.
- John Doe receives nothing.
- IF YOU WIN (your appeal) then LOSE (your subsequent trial) you still pay nothing. Example C:
- John Doe appeals the FCHR's final decision. John doe is poor.
- The FCHR 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 appellate case. He subsequently loses his trial.
- John Doe pays nothing.
- John Doe receives nothing.
VI. Additional Notes
- Total Time needed ≈ 0-1 hours
- 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 appellate court docket.
VII. Additional Resources
VIII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
