In Forma Pauperis is a Latin term that means in the form of a pauper. It is used when you cannot
afford to proceed with a civil cause of action because of the fees, costs, or security required.
Law You Should Know
A Petition to Proceed In Forma Pauperis (IFP) is a request to the court, that due to your poverty, you should not have to pay the filing fee ($140 in most Arkansas counties) or service costs. Note that this is a sworn statement to the court, and any false or misleading information could be punishable by law.
Whenever you plan to file a civil action, a petition for In Forma Pauperis can be submitted to get the court to waive the costs involved. Generally, a court will base you ability to pay on what you own and how much money you make. To get a court to waive the costs, you must file 1) a petition for In Forma Pauperis; 2) an affidavit of means for In Forma Pauperis; and 3) the judge must sign the Order Granting Leave to Proceed in Forma Pauperis.
In a IFP, the party seeking a waiver should fill in her name as petitioner. You will need to sign the Petition and the Supporting Affidavit. You must have the Supporting Affidavit notarized. Most banks have a notary that can do this for you for free
For the affidavit, the party should fill in her name as the Plaintiff, and then answer each question honestly and completely. Failing to answer either honestly or completely can result in your petition being denied and could result in criminal perjury charges being filed against you.
What Happens Next
Although most documents are to be filed in the Court Clerk’s Office of your county these IPF documents need to be taken directly to the Judge’s Clerk for approval. You may take the forms to any Circuit Judge in your county. You will also need to take a copy of the Complaint you want to file with the court to the judge.
If the judge decides that you are unable to pay the filing fee then the judge will sign the Order Granting Leave to Proceed in Forma Pauperis.
You will then file the Request, Affidavit, and Order with the court clerk. Once all of this has been filed with the court clerk, you may proceed in filing your Complaint or Petition. The clerk of the court will generally not file the Request and Affidavit until the Order is entered.
