Form 20 – Civil Fee Waiver and Affidavit Order

Jurisdiction: Country: United States | Province or State: Ohio

What is a Form 20 – Civil Fee Waiver and Affidavit Order?

Form 20 is the standard request many Ohio courts use to waive, defer, or reduce civil court fees and costs for people who cannot afford them. It has two parts in one document. The first part is your sworn financial affidavit. You tell the court about your income, expenses, assets, and debts, and you certify that the information is true. The second part is an order section for a judge or magistrate to approve or deny your request and set the terms.

You use this form when you want the court to let you file or move your civil case forward without paying fees up front. Courts charge filing fees, service costs, and other case-related costs. If paying those costs would make it hard to meet basic needs, this form allows you to ask the court to waive them or let you pay later. You still must qualify based on your financial situation.

Who typically uses this form?

Most often, self-represented people in civil cases. You might be a tenant responding to a landlord-tenant dispute, a plaintiff filing in small claims, a parent starting a custody case, or someone seeking a name change. Lawyers also use it for clients who qualify. The form is designed for individuals. If you are filing for a business or organization, fee waivers are not common. Ask the clerk if your situation is different.

Why would you need this form?

Because court fees can be a barrier. If you cannot afford the filing deposit, your case might not be accepted. If you cannot pay for service by sheriff or certified mail, your case might stall. If you cannot pay a fee for a required step—like a jury deposit or a subpoena—you might miss a deadline or lose a right. The form helps you keep your case on track.

You see this form used in routine civil filings. For example, it is common with small claims complaints, tenant defenses with counterclaims, debt collection cases, name change petitions, and post-decree family motions. It also appears mid-case when a new cost arises, such as serving additional parties or publishing notice. Not every civil case has fees for every step, and some case types have no filing fee by law. But when a fee applies and you cannot afford it, Form 20 is the tool you use to ask for relief.

The form is straightforward. It asks about your household size, your monthly income and expenses, and the property or cash you have. It also asks whether you receive needs-based public benefits. Many courts treat those benefits as a strong sign of eligibility, but each court still reviews the full picture. At the end, you sign under oath. The court then uses the order section to grant a full waiver, a partial waiver, a deferral (pay later), or an installment plan.

When Would You Use a Form 20 – Civil Fee Waiver and Affidavit Order?

You use Form 20 any time a fee or cost stands between you and a civil court action you need to take. The most common moment is when you file your first pleading. If you are starting a case—like a small claims complaint, a divorce or custody filing, a name change, or a civil complaint—you often must pay a filing deposit. If you cannot afford it, you file Form 20 with your initial filing so the clerk can accept your papers immediately and route your request to a judge or magistrate.

It is also common when you are responding or acting in an existing case. For example, you might need to file a counterclaim that requires a deposit. You might need to serve a witness with a subpoena that requires fees. You might need sheriff service for an out-of-county defendant, or publication service if you cannot find someone. Each of those steps can involve costs. File Form 20 before you take the step so the cost does not block your progress.

Tenants and landlords in eviction matters use it for filings that carry deposits or for service costs. Consumers use it in debt collection cases for answers with counterclaims or for motions that require a fee. Parents use it in custody, parenting time, or support actions. Survivors of abuse sometimes use it for civil filings that carry costs, though many protection order filings do not require a fee. People with prior cases use it to seal or expunge records if fees apply. Individuals seeking a civil name change often use it. If you need to appeal a decision, you can file the form to address appellate filing fees as well.

You may also use the form mid-case when something changes. Maybe you had a job when you filed, but you were laid off. Maybe medical bills increased and you now cannot afford the next step. Courts allow you to file the form during a case to adjust how costs are handled going forward. Conversely, if you were denied earlier because your income was too high, but later your circumstances changed, filing Form 20 again with updated proof can make sense.

The form is not just for people with zero income. You can be working and still qualify if your income is low relative to your household size and essential expenses. The court looks at your full financial picture. It asks whether paying fees would prevent you from meeting basic needs like housing, utilities, food, transportation, and medical care. If the answer is yes, you should consider filing the form.

Legal Characteristics of the Form 20 – Civil Fee Waiver and Affidavit Order

Form 20 is a sworn affidavit paired with a court order. Your part is legally binding because you sign under oath. You are telling the court, under penalty of law, that your financial information is true and complete. If you intentionally hide assets or misstate income, the court can sanction you. That can include denying your request, assessing costs, holding you in contempt, or referring the matter for criminal enforcement. The order part is binding because it is an official decision of the court, signed by a judge or magistrate.

What ensures enforceability?

First, the affidavit must be complete, truthful, and signed in front of a notary or authorized court deputy. Second, the form must be filed in your case with the required case caption. Third, a judge or magistrate must sign the order section. Once signed, the order controls how fees are handled. Clerks follow the order. If your request is granted, the clerk processes filings without collecting the waived fees. If it is denied or partially granted, the order will set what you owe and when. If you do not pay by the deadline after a denial or partial grant, the court can decline to process the filing or dismiss the action.

Courts have broad discretion to decide fee waiver requests. They consider household size, income, recurring necessary expenses, assets you can use to pay, and whether you receive needs-based public benefits. Some courts use local income thresholds as a guide. Others focus on your current ability to pay without hardship. Because the decision is discretionary, your supporting details matter. Attach clear proof and explain your situation in plain terms.

Your affidavit becomes part of the case record. Financial documents can include personal information. Protect yourself by redacting account numbers and other private identifiers, and follow local rules on personal identifiers. When in doubt, ask the clerk which identifiers must be removed. The court needs enough detail to make a decision but does not need your full account numbers or full Social Security number.

Opposing parties may object to or move to revoke a fee waiver. This rarely happens in simple cases, but it is allowed. If the court learns your financial situation has improved or that the affidavit was inaccurate, the court can change or end the waiver. Courts can also tax costs at the end of the case. A waiver often covers upfront fees and costs while the case is pending. At the end, the court may allocate costs to one party based on the outcome. If you win a money judgment, the court can expect you to pay costs from the recovery. Read the order carefully so you know what it covers and for how long.

Finally, fees and costs are separate from attorney fees. A fee waiver does not give you a lawyer. It only addresses court-imposed costs. If you have counsel, your attorney can help with the form. If you do not, the clerk can tell you where to file it, but cannot give legal advice. The form and process are designed for you to complete without a lawyer.

How to Fill Out a Form 20 – Civil Fee Waiver and Affidavit Order

Follow these steps to complete and file the form correctly:

1) Get the right version

• Use the Form 20 used by your court. Many Ohio courts use the same template, but local formatting can vary. If you already have a case, check that the division (common pleas, municipal, county, domestic relations, probate, or small claims) matches your case.

2) Prepare your documents

• Gather proof of your current income and expenses. Common items include your last 30 days of pay stubs, a benefits award letter, unemployment documentation, pension statements, child support receipts, and recent bank statements. If you are self-employed, collect a month-to-date profit and loss summary and recent deposits. If you have no income, prepare a brief statement explaining how you meet basic needs.

3) Complete the case caption

• At the top, list the court name and county, and the correct division. Enter the case title (for example, John Doe v. Jane Smith). If you are starting a new case and do not have a case number yet, leave that line blank. The clerk will assign it. If your case already exists, add the case number and the judge or magistrate if known.

4) Identify yourself as the applicant

• Enter your full legal name, address, phone number, and email. Use a mailing address where you can receive court notices. If you have safety concerns, ask the clerk about address confidentiality options before filing.

5) State your household size

• List the number of people who live with you and rely on your income for support. Include yourself, your spouse if living with you, children, and other dependents you support. If your household is complex, write a simple explanation.

6) Report your income

• List all sources of income for you and, if applicable, your spouse who lives with you. Include wages, tips, gig work, self-employment income, unemployment, Social Security, disability, pensions, child support, spousal support, and any other regular money you receive. The form may ask for monthly amounts. If it does not specify, provide monthly amounts and note if they are estimates. Convert weekly or biweekly pay to a monthly figure. Be accurate and consistent.

7) List your assets

• Disclose cash on hand, bank account balances, vehicles, real estate, and any other property of value that you could use to pay court costs. You do not have to list every household item. Focus on assets with resale value or ready cash. If you have a vehicle, include the make, model, year, and any loan balance, if the form requests it. If you own real estate, state whether you have equity. If you have no assets beyond basic necessities, say so.

8) Describe your monthly expenses

• Provide realistic amounts for rent or mortgage, utilities, food, transportation, insurance, medical costs, child care, child support you pay, and other necessary expenses. Use average monthly amounts. If a bill varies, estimate based on recent months. If you have high medical costs, list them clearly. If you are behind on essential bills, note the arrears.

9) Check the public benefits boxes

• If the form lists programs like SNAP, Medicaid, SSI, TANF, or needs-based housing assistance, check all that apply to you. Attach the most recent notice or card copy if you have it. Receipt of these benefits strongly supports your request.

10) Explain hardship if needed

• If numbers alone do not show hardship, add a short explanation. For example, “I was laid off last month,” “I am caring for an ill parent,” or “My hours were cut and I am behind on rent.” Keep it factual and brief.

11) Choose the relief you seek

• If the form allows you to check a box, indicate whether you request a full waiver, a partial waiver, a deferral (pay later), or an instalment plan. If you do not know what to pick, request a full waiver. The court can adjust it.

12) Attach supporting documents

• Include copies of your pay stubs, benefit letters, bank statements, and any documents that support your numbers. Do not submit your full Social Security number or full account numbers. Redact all but the last four digits of any account. If you have no documents, write a brief statement explaining why and how you meet basic needs.

13) Sign the affidavit under oath

• Do not sign until you are in front of a notary public or an authorized court deputy. Bring a photo ID. If you are filing by mail and must use a notary, sign in front of the notary and have them complete their section. If the form includes an unsworn declaration option, follow the instructions exactly.

14) Leave the order section blank for the court

• The “Order” or “Affidavit Order” section is for the judge or magistrate. Ensure the caption at the top is complete, but do not write in the judge’s decision lines.

15) File the form

• If you are starting a case, submit Form 20 at the same time as your complaint, petition, or initial filing. Hand it to the clerk with your documents. If you already have a case, file the form in that case. Title it clearly as a fee waiver request. Ask the clerk whether you must serve the other party. Some courts do not require service for fee waivers; others do.

16) Track the decision

• The clerk may provisionally accept your filing and send your request to the judge. Check the docket for an order or call the clerk to confirm status. Some courts issue decisions the same day. Others take a few days.

17) Follow the order

• If granted, comply with any conditions. If you receive a partial waiver, pay the amount due by the deadline. If granted a deferral or instalments, calendar the due dates. If denied, the order will tell you how much to pay and by when. Missing the deadline can lead the court to refuse your filing or dismiss your case.

18) Update if your circumstances change

• If your finances improve significantly, you may have to notify the court. If your finances worsen, you can file a new request. Keep the court informed so costs do not derail your case.

19) Keep copies

• Keep a complete copy of your signed form and all attachments. Store the signed order as well. You may need it later to show that fees are waived for additional steps in the case.

Practical tips to avoid delays:

• Be consistent. Income, expenses, and bank statements should make sense together.
• Use monthly figures unless the form asks for a different timeframe. If you convert, show your math.
• Do not leave blanks. If a section does not apply, write “N/A” or “0.”
• Redact sensitive numbers. The court does not need full account numbers.
• Be honest and specific. Vague or missing information causes denials.
• If you are homeless, note that status and provide a mailing address where possible. You can use a trusted mailing address with permission.

Special situations:

• If you are incarcerated, include your institutional account statement and any available financial information.
• If you are a minor, a parent or guardian usually completes the form on your behalf.
• If you are undocumented, you can still request a waiver. The form is about financial need, not immigration status.
• If you are filing for a business, speak with the clerk. Fee waivers are generally for individuals. A sole proprietor may qualify in their personal capacity.

Remember, timing matters. File the form before a fee blocks your next step. If you face a deadline, bring the completed form and supporting documents with your filing. The court’s decision on Form 20 controls how your fees are handled, but you are still responsible for all other parts of your case, including deadlines, service, and hearing attendance.

Legal Terms You Might Encounter

As you complete Form 20 – Civil Fee Waiver and Affidavit Order, you will see common court terms. Understanding them helps you answer accurately and avoid delays.

• Affidavit means a sworn statement. You declare your answers are true under oath. When you sign the form, you affirm every entry is accurate. Courts rely on this statement to decide your request.
• Fee waiver means the court excuses some court costs. It can cover filing fees and certain case costs. It does not always include every expense. You should read the court’s order to see what is covered.
• Indigent describes someone who cannot pay fees without hardship. The court reviews your income, expenses, and assets. Your facts on the form show why paying fees is not possible right now.
• Assets are things you own that have value. Examples include cash, a car, or savings. The form may ask for the value of each. Give a good‑faith estimate of fair value.
• Income is money you receive. It includes wages, tips, benefits, support, or pensions. Report total income from all sources. If it varies, explain the usual monthly amount.
• Household means the people who share finances with you. It can include a spouse, partner, or children. The form may ask for household size and combined income. That helps the court assess your budget.
• Public benefits are government payments or assistance. Examples include cash aid, food, or medical coverage. Listing them can support your need for a waiver. Attach proof if the form requests it.
• Penalty of perjury means legal consequences for false statements. The court can sanction or refer for prosecution. Be precise and honest in every answer. If you do not know, say so and explain why.
• Order is the judge’s decision on your request. The order may grant, deny, or partially grant the waiver. Keep a copy. You may need to show it when filing future documents.
• Service means delivering legal papers to the other party. Some service methods have fees. A fee waiver may not cover all service costs. Check the order to confirm what is included.
• Case caption is the heading at the top of court papers. It lists the court, parties, and case number. Make sure your form’s caption matches your case. This prevents misfiling.

FAQs

Do you qualify if you receive public benefits?

Receiving public benefits can support your request. You still need to complete the form. List all benefits and other income. Attach proof if asked. The court will review your full financial picture.

Do you need to notarize the affidavit?

Some courts require notarization. Others accept an unsworn declaration under penalty of perjury. Check the signature section on your form. If notarization is required, sign in front of a notary.

Do you need to apply for every new filing in the same case?

Often, one granted order covers your case unless the court states otherwise. Some costs or later stages may require a new request. Read your order carefully. Ask the clerk if you are unsure.

Does the waiver cover service, copies, mediation, or transcripts?

A waiver can cover some, but not always all, costs. It commonly covers filing fees. It may include sheriff service, copies, mediation, or transcripts, but not guaranteed. Review the order for included items.

What if the court denies your request?

You can usually pay the fees by a set deadline or ask to reconsider. You may also file a new request with more information. Do not ignore the denial. Missing the payment deadline can affect your case.

Do you need to attach documents like pay stubs or bank statements?

Many courts want proof of income, benefits, and expenses. Common items include recent pay stubs, an award letter, or bank statements. Provide only what the form requests. Bring originals to any hearing, if set.

How long does a decision take?

Timeframes vary by court. Some decisions are same day; others take days or weeks. Ask the clerk about typical timing. Monitor your case status and mail for the order.

Do you need to repay fees later if your finances improve or you win?

A court can revisit a waiver if your finances change. Some orders are temporary or partial. If your order requires notice of changes, follow it. Keep the court updated to avoid issues.

Checklist: Before, During, and After the Form 20 – Civil Fee Waiver and Affidavit Order

Before signing

• Your case caption: court name, case number, and party names.
• Your contact details: mailing address, phone, and email.
• Proof of income: recent pay stubs or employer letter.
• Proof of benefits: current award letters or statements.
• Bank account balances: most recent statements.
• Monthly expenses: rent, utilities, childcare, insurance, loans.
• Debts and obligations: credit cards, support orders, judgments.
• Asset details: car, home, savings, cash on hand, valuables.
• Tax details: most recent return, if available.
• Household size and dependents: names and ages if requested.
• Identification: photo ID if notarization is required.
• Any prior fee waiver orders in the same case.

During signing

• Confirm the caption exactly matches your case.
• Enter every source of income, even small or irregular amounts.
• Total your monthly income and expenses accurately.
• List assets with reasonable values. Do not guess wildly.
• Explain any unusual circumstances affecting your budget.
• Attach required documents. Label them clearly.
• Review the certification language before signing.
• If notarization is required, sign in front of the notary.
• Date every signature. Do not leave signature lines blank.
• Keep copies of everything you submit.

After signing

• File the form with the clerk. Ask for a stamped copy.
• If filing a new case, submit the waiver with the initial filing.
• Ask the clerk if a hearing will be set. Note any dates.
• Track deadlines to pay fees if the waiver is denied.
• Watch your mail or online case record for the order.
• If granted, confirm what costs are covered and for how long.
• Provide a copy of the order with later filings if requested.
• Update the court if your address or finances change.
• Store your stamped copy and order in a safe place.
• Calendar a reminder to review coverage before major steps.

Common Mistakes to Avoid

Leaving blanks or missing lines.

• Courts may reject incomplete forms. Don’t forget to write “none” or “0” where appropriate. Incomplete answers can cause delay or denial.

Omitting income or assets.

• Not listing a side job, benefits, or a small account can hurt you. The court may view omissions as dishonest. That risks denial or sanctions.

Forgetting to sign, date, or notarize.

• Unsigned or undated affidavits are invalid. If notarization is required, the clerk may refuse to file. Don’t forget to bring ID to the notary.

Guessing numbers without support.

• Wild estimates look unreliable. Provide reasonable figures and attach proof when asked. Weak proof can lead to denial or a hearing.

Assuming all costs are covered.

• Many orders cover only filing fees. If you assume more, you may miss payments. Read the order and budget for uncovered costs.

Ignoring a denial or deadline.

• A denial often includes a payment due date. Missing it can stall or dismiss your filing. Act quickly to pay or request reconsideration.

What to Do After Filling Out the Form

1. File the form with the clerk. If you are starting a case, submit it with your other opening documents. If you are in an existing case, file it under the correct case number. Ask the clerk for a stamped copy for your records.
2. Confirm the next step. Ask whether a judge will review it on the papers or set a hearing. If there is a hearing, bring recent proof of income, benefits, expenses, and assets. Arrive early and be ready to answer questions about your budget.
3. Monitor for the order. Check your mail and any online docket for the decision. If you do not receive an order within the usual timeframe, follow up with the clerk. Keep a log of your contacts and dates.
4. Read the order carefully. Note what fees are waived and any limits or timeframes. Some orders cover only filing fees. Others include specific costs, like service or copies. If it is a partial waiver, pay the listed balance by the deadline.
5. Use the order as needed. Keep a copy with your case papers. You may need to show it when filing motions or requesting copies. If you seek additional services, ask whether the order covers them.
6. If granted, follow any reporting duties. Some orders require you to report financial changes. If your income rises or expenses drop, update the court. This avoids later problems or collection efforts.
7. If denied, act quickly. You can pay the fees by the stated deadline, ask for reconsideration, or submit a new request with more detail. Add proof you did not include before. Do not let the deadline pass without action.
8. If your finances change later, update your request. You can file an amended or new affidavit when circumstances shift. Include recent documents and a short explanation of the change.
9. If you move, update your address. Court notices go to the last address on file. Missing a notice can cause you to miss deadlines. File a change of address promptly.
10. Keep your records organized. Store your filed form, supporting documents, and the order. Keep notes of any payments made when a waiver is partial. Record dates of filings and hearings.
11. Plan for future filings. Some steps, like an appeal or transcript requests, may need a separate waiver. Ask the clerk if you must file a new request for those stages. Do not assume the original order applies.
12. Ask process questions early. Clerks can explain filing procedures and fees. They cannot give legal advice, but they can outline the steps. Clarify any uncertainties before you submit papers.
13. Stay truthful and consistent. If you update the form, ensure all numbers align across documents. Consistency builds credibility. It also speeds decisions.
14. Close the loop at the end of your case. If you receive a bill for costs you thought were covered, compare it to the order. If there is a mismatch, contact the clerk to clarify. Keep proof of any payments.