The clerk can do 2 things:
- approve your Affidavit of Indigency, or
- send it to a judge to decide.
The clerk should not ask you for more financial information or documents when you file your Affidavit of Indigency if:
- You checked Category A or B,
- You filled out sections II and III of the form, and
- You signed and dated the form.
The law says that the clerk must approve your Affidavit of Indigency immediately if it looks "regular and complete."
Sometimes a clerk will tell you they need more financial information or documents before they can approve your Affidavit of Indigency. For example:
- If you check Category A, the clerk might ask you for documentation that shows that you get one of these benefits.
- If you check Category B, the clerk might ask for a paystub, or that you fill out more financial forms.
What can I do if the clerk asks me for more information?
If you check Category A or B, and complete the rest of the form correctly, and the clerk asks you for more information or documents, remind the clerk of the law and the Supreme Judicial Court’s instructions.
If the clerk sends your Affidavit of Indigency to the judge to decide, you can still file your court papers. You do not have to pay the fees when you file. But if your Affidavit of Indigency is not correct, and your income is too high to have your fees waived, you may have to pay them later.
If you are having a problem filing your Affidavit of Indigency you can call your local legal aid office for help.