If you cannot afford NY court filing fees, the Poor Person Application (UCS-FW1) under CPLR 1101 lets you ask the court to waive them. Recipients of public benefits like SNAP, Medicaid, and Safety Net Assistance may qualify — and you file it the same day you file your case.
This is the most complete guide to the NY fee waiver process available online — written specifically for pro se litigants navigating New York courts without an attorney.
Quick Answer
The UCS-FW1 is the official New York "Poor Person Application" under CPLR 1101. When approved, it waives filing fees, motion fees, and other court costs across NY courts — Supreme Court, Family Court, Civil Court, and Appellate Division.
This is a guide only — the court makes the final decision under CPLR 1101. Check all that apply.
Do you currently receive any of these benefits?
No public benefits? Check by income (indigency):
The court has discretion under CPLR 1101. 125% FPL is a general indigency guideline — the court may waive fees even above this threshold if paying would cause genuine hardship.
* CPLR 1101(d) was amended to expand public benefit categories — effective September 1, 2027. Verify current categories at nysenate.gov.
Important: CPLR 1115, which previously governed appeal-related fee waivers, has been REPEALED. Do not cite CPLR 1115. All fee waivers — including for appeals — are now handled through CPLR 1101(a), which allows a poor person to proceed without paying fees in any action.
Determine if you qualify
Check whether you receive SNAP, Medicaid, Safety Net Assistance, SSI, or Family Assistance — if yes, you may qualify. If not, the court considers your inability to pay the costs under CPLR 1101. Gather your benefit card, award letter, or recent pay stubs and bank statements as documentation.
Get your Index Number from the County Clerk
Before filing, purchase or obtain your Index Number from the County Clerk in the county where your case will be heard. Under CPLR 1101, fee-waiver relief includes the Index Number fee itself — so you can request that this fee be waived as part of your application.
Complete the UCS-FW1
Fill in your full legal name, current address, the case caption (plaintiff v. defendant), your Index Number, the type of fee you are requesting be waived, and your income or benefit information. Sign the application under penalty of perjury affirming the financial information is accurate. Every field matters — leave nothing blank.
File with the County Clerk with a proposed order
Submit the UCS-FW1 together with a proposed order to the County Clerk at the same time you file your complaint, motion, or notice of appeal. Do not pay the fee first and try to get reimbursed — you generally cannot retroactively waive a fee you have already paid.
Receive the determination
Under CPLR 1102, the court reviews the application and may grant, partially grant, or deny the waiver. If denied, ask the clerk how to request review. If granted, the poor person order applies to the fees and costs covered by the order.
Paying the filing fee first — you generally cannot get it refunded after the fact. If you might qualify, always submit the UCS-FW1 before paying.
Leaving fields blank — an incomplete application will likely be denied.
No documentation when income-based — if you do not receive public benefits, bring proof. Your word alone may not be sufficient.
Filing it separately from your main document — the UCS-FW1 should be submitted simultaneously with the filing that triggers the fee.
Using an outdated form — the UCS-FW1 was updated by Administrative Order CAJ-278-2025. Use the current version from nycourts.gov.
Citing CPLR 1115 — this section has been REPEALED. All fee waivers go through CPLR 1101.
Not including the correct case caption and Index Number if you already have one — incomplete caption = incomplete form.
Confusing gross income with net income — the court considers your gross (before tax) household income.
The Poor Person Application process is statewide, but individual clerk's offices can vary slightly in how they process applications. A few things to know:
NYC boroughs (Bronx, Kings, New York, Queens, Richmond)
NYC courts process many pro se filings daily. Arrive early, have everything organized, and expect the clerk to be efficient. The NYC courts have self-help centers in each borough — visit nycourts.gov for locations and hours.
Nassau, Suffolk, Westchester (high-volume suburban counties)
These clerk's offices also handle many pro se filings. Check the court's website for specific filing procedures and hours before visiting.
NYSCEF (electronic filing)
For cases filed through NYSCEF (New York State Courts Electronic Filing), the fee waiver process may be handled through the system. You can indicate indigency during the e-filing process. Check nycourts.gov for NYSCEF eligibility by case type and county.
Appellate Division
The Appellate Division clerk's offices process appeals. The UCS-FW1 is accepted there for Notice of Appeal fees. Under CPLR 1101(a), a poor person may proceed without paying fees in any action, including appeals. Remember: CPLR 1115 is REPEALED — do not cite it.
The UCS-FW1 is the official New York court form for the "Poor Person Application" under CPLR 1101. It lets you ask the court to waive filing fees and other court costs based on financial hardship or public benefit eligibility. It is available at nycourts.gov/forms/fee-waiver-form and was updated by Administrative Order CAJ-278-2025.
Under CPLR 1101, recipients of means-tested public benefits such as SNAP, Medicaid, Safety Net Assistance, SSI, and Family Assistance (TANF) may qualify. Bring your benefit card or award letter when you file. CPLR 1101(d) was amended to expand these categories — the amendment takes effect September 1, 2027.
You may still qualify based on indigency — your inability to pay the costs of the action under CPLR 1101. The court has discretion and considers your income, household size, and monthly obligations. Even if your income exceeds general indigency guidelines, the court may grant a partial or full waiver if paying would cause genuine hardship.
Under CPLR 1101 and 1102, the court may waive filing fees, motion fees, service of process costs, transcript costs, and other court costs. It does NOT cover attorney fees, expert witness fees, or sanctions imposed by court order.
File it at the same time as your main document — your complaint, motion, or notice of appeal. Submit both to the clerk together. Do not pay the fee first and then try to get reimbursed — you generally cannot retroactively waive a fee you already paid.
If the court denies your application, you may have the right to request review. Ask the clerk for the procedure at your courthouse. You can also explain your full financial picture — the court has discretion for hardship cases.
Yes. Under CPLR 1101(a), a poor person may proceed without paying fees in any action, including appeals. File the UCS-FW1 with your Notice of Appeal. IMPORTANT: CPLR 1115, which previously governed appeal fee waivers, has been REPEALED — do not cite it. All fee waivers now go through CPLR 1101.
From the NY courts website at nycourts.gov/forms/fee-waiver-form, from any NY courthouse clerk's office, or through FormaPauper — which can help you prepare it as part of your filing packet.
Under CPLR 1102, the court may order that a poor person be allowed to proceed without paying for transcripts. You may need to make a specific request for transcript cost waivers as part of your application.
Generally yes — the waiver is specific to a particular filing or case. If you file a new case or a new major filing in the same case, you should submit the UCS-FW1 again. There is no universal blanket waiver that covers all future filings indefinitely.
FormaPauper can help you prepare a Poor Person Application as part of your filing packet — pre-captioned with your case information — when you indicate you are seeking a fee waiver.
Important: Not Legal Advice
FormaPauper is not a law firm and does not provide legal advice. The information on this page is for general educational purposes and applies specifically to New York courts. Court fees, income thresholds, and procedures change — always verify current requirements at nycourts.gov or with your county courthouse before filing. The legal authorities on this page have been verified against official sources (nysenate.gov / nycourts.gov) but have not been attorney-reviewed. For complex matters, consult a licensed New York attorney. Free legal help is available through LawHelpNY.