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Determining Indigence

by Bethea
(Florida)

How does a Court determine if someone is eligible to file for indigence in a case? What all is taken into account with the determination? Are all fees and fines waived if a person is considered to be indigent?

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Determination of Indigent Status
by: FALDP Staff

Bethea,
Indigent status is determined by the clerk of court based on the information you provide on a form called - Application for Determination of Civil Indigent Status. If you are denied you have the right to a hearing in front of a judge. If you're considered indigent, your court filing fees, fee for a summons, and service of process fees are waived. You asked about fines, but civil indigent status does not generally apply to fines. Read more on this site - https://www.faldp.org/civil-indigent.html - and you can also download the form from that page. See Florida Statute 57.082 to learn more.

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