Calari Legal
How to Waive Texas Court Filing Fees Under TRCP Rule 145
Under Texas Rule of Civil Procedure 145, a party who cannot afford court filing fees, citation fees, or process-server costs may file a "Statement of Inability to Afford Payment of Court Costs or an Appeal Bond" using the form promulgated by the Supreme Court of Texas.
Three statutory paths to qualify under TRCP Rule 145
- Category A — Means-Tested Government Entitlements (TRCP 145(a)): If you or your dependents currently receive SNAP (Food Stamps), Medicaid, Temporary Assistance for Needy Families (TANF), Supplemental Security Income (SSI), WIC, CHIP, AABD, County Public Assistance, or Needs-Based VA Pension, you qualify by rule and attach proof of benefits.
- Category B — Legal Aid Representation or Certification (TRCP 145(a)): If you are represented by a free legal aid provider or applied for legal aid and were determined financially eligible by an IOLTA-funded legal services organization.
- Category C — Household Income, Liquid Assets & Monthly Expense Ledger: If you do not receive public benefits, you complete the monthly net income, liquid assets, and necessary monthly household expense ledger showing you cannot pay court costs without depriving your household of basic necessities.
Protections under TRCP Rule 145(d)–(f)
When you file a properly completed Statement of Inability to Afford Payment of Court Costs with your original petition, the clerk must docket your case, issue citation, and arrange sheriff or constable service without demanding advance payment. The court may only order you to pay costs after a noticed evidentiary hearing if admissible evidence proves you have the financial ability to pay (TRCP 145(f)).
Step by step
Select your qualification path
Determine whether you qualify via Category A (Public Benefits), Category B (Legal Aid), or Category C (Income & Expense Ledger).
Complete every line with zero blanks
Ensure every numeric field in the income, asset, and expense schedule is explicitly populated (using $0.00 where not applicable) so the clerk does not flag the form as incomplete.
Sign the CPRC § 132.001 Unsworn Declaration
Sign the declaration under penalty of perjury at the bottom of the Supreme Court mandated form—no notary is required for a Rule 145 Statement.
File alongside your Petition
Upload the Statement of Inability (and any benefit award letter) in the same filing envelope as your Original Petition on eFileTexas.gov and select the "Waiver" payment account.
Frequently asked questions
Does TRCP Rule 145 waive sheriff or constable service fees too?
Yes. Under TRCP 145(a), "costs" include both filing fees charged by the clerk and fees for service of process by a sheriff or constable.
Can the clerk refuse to accept my filing if I attach a Rule 145 Statement?
No. Under TRCP 145(d), the clerk may not refuse to file a pleading or refuse to issue citation because the declarant has filed a Statement of Inability instead of paying fees.
Do I need a notary for a TRCP Rule 145 Statement?
No. The Supreme Court of Texas mandated Rule 145 form uses an Unsworn Declaration under Tex. Civ. Prac. & Rem. Code § 132.001.
Related guides
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- How to File for Divorce in Texas Without a Lawyer
- Texas Child Custody Without a Lawyer: A Step-by-Step SAPCR Guide
- Find your Texas county
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Last reviewed 2026-10-27. Laws change. Confirm current rules with the court clerk or an attorney.