How-To: Get Free Access to State Court (Florida)
| Background: | You are litigating your case in a state court [of Florida] |
| Problem: | You cannot afford the Court's costs/fees (eg. the $300 filing fee, etc.) |
| Solution: | You ask the Court to waive the legal fees in your case |
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. Duval | Income = $50 | Expenses = $45 | Bank = n/a | Invoked "Privacy Act". |  |
| 2 | | ✓ Granted. Duval | Income = $3,095 | Expenses = $2,000 | Bank = $500 | Legal Aid. | |
| 4 | | ✓ Granted. Duval | Income = $2,100 | Liabilities = $115,400 | Bank = $1,000 | Married. | |
| 5 | | ✓ Granted. Duval | Income = $1,800 | Expenses = $654 | Bank = $200 | TX Resident. | |
| 6 | | ✓ Granted. Duval | Income = $946 | Expenses = $2,110 | Bank = $0 | |
| 7 | | ✓ Granted. Duval | Income = $1,791 | Liabilities = $150,000 | Bank = $477 | Social Security. | |
IV. Forms & Templates
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | Official Court Form. Must print out then complete by hand. | Free |
| # | Link | Comments | ₧ |
|---|---|---|---|
| 1 |  | TBD's Template. Replace the placeholder fields (eg, "[county]"). |  |
VI. Quick Commentary
- The Court/Clerk will not investigate the veracity of your application.
- The Court/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
- Contact TBD if you want more samples
- Proofread your application as much as possible.
- Save the final version as a PDF file.
- File the document with your state court.
- IF YOU WIN the Court will tax you for the free services you received. Example A:
- John Doe sues ABC Co. John Doe is poor.
- The Court certifies John Doe's application for civil indigence.
- John Doe racks up $1,000 in legal fees (pertaining to his case).
- John Doe wins his case.
- The Court orders ABC Co. to pay 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 sues ABC Co. John Doe is poor.
- The Court certifies John Doe's application for civil indigence.
- John Doe racks up $1,000 in legal fees (pertaining to his case).
- John Doe loses his case.
- John Doe pays nothing.
- John Doe receives nothing.
VII. 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 it from the court's docket.
- A Manatee County Clerk looked up an applicant's vehicle registration report (and property report):
- Clerk Investigated Indigency Claim (see 8th Page)
VIII. Conclusion
...POINTS & THINGS...
Please get the justice you deserve.
Sincerely,
www.TextBookDiscrimination.com
