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FW-001: Request to Waive Court Fees

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California (statewide, Judicial Council form, accepted in every Superior Court) · File with your first court paper.

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Everything a tenant needs to defend an unlawful detainer in California: file the answer, prove service on the landlord, attach extra defenses, and waive the filing fee if money is tight.

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    What is FW-001?

    California Judicial Council form to ask the Superior Court to waive filing fees and court costs based on income or receipt of public benefits. Required when filing any pleading if you can't afford the filing fee.

    What happens if you miss the deadline: If you do not file FW-001 (or pay the fee), the clerk will hold your underlying filing until the fee question is resolved.

    How to file

    Filing fee
    $0. FW-001 is the application to waive other court fees, so it carries no fee of its own regardless of whether the waiver is granted, denied, or partially granted.
    Filing method
    in-person, mail, efile (county-specific; supported in most California counties that accept e-filing for the underlying case type)
    Filing deadline
    FW-001 has no independent deadline and may be filed at any time per Cal. Rules of Court rule 3.51. Practical timing: file FW-001 at the same time as (or before) the paper whose fee you want waived. Filing FW-001 does NOT extend the deadline of the underlying paper. If the underlying paper has its own deadline (e.g., a UD-105 answer due in 5 business days, a notice of appeal due in 60 days), the filer must still meet that deadline; if the FW-001 will not be ruled on in time, the underlying paper goes in alongside the FW-001 and the clerk holds the underlying paper pending the fee decision.
    How to serve
    Not served on opposing parties. Cal. Rules of Court rule 3.53 makes fee waiver applications and the court's order (FW-003) confidential. The completed form goes to the clerk only; the opposing party does not get a copy.
    Wet signature
    Yes, sign in pen after printing.
    Notarization
    No
    Original and copies
    One signed original to the clerk. The clerk returns an FW-003 (Order on Court Fee Waiver) with the court's decision (granted, denied, or set for hearing). Bring one extra copy to be conformed and returned for the filer's records.

    Common pitfalls

    Two pieces of nuance the AI review must respect for FW-001: (1) Confidentiality. There is no service on opposing parties, so a generic 'who did you serve?' completeness check should be silenced for this form. (2) Deadline independence. Filing FW-001 does NOT toll or extend any other deadline; the review prompt should not let a filer assume otherwise.

    Don't memorize the rules. Ezel walks you through FW-001 field by field, flags what the AI review treats as a blocker, and renders a court-ready PDF.

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    You'll likely also file

    Other Ezel-supported forms that commonly file alongside FW-001. Each one has its own guided fill, AI review, and PDF render.

    UD-105
    Answer to Unlawful Detainer
    Tenant filing an answer in an unlawful detainer pays the first-appearance fee under Cal. Gov. Code section 70613 (about $240 to $370 by claim size). FW-001 is the standard waiver path; file both together. FW-001 does not toll the 5-court-day UD-105 deadline.
    SC-100
    Plaintiff's Claim and ORDER to Go to Small Claims Court
    Small claims plaintiffs pay a graduated filing fee under Cal. Code Civ. Proc. section 116.230 ($30 to $100 by claim size). FW-001 waives that fee; file both together with the SC-100.
    FL-100
    Petition (Marriage/Domestic Partnership)
    Family-law petitioners owe the first-appearance fee (about $435 to $450 in 2026). FW-001 is the standard waiver and is filed at the same time as FL-100; the clerk holds the petition pending the fee decision.
    FL-120
    Response (Marriage/Domestic Partnership)
    Family-law respondents owe the same first-appearance fee as the petitioner (about $435 to $450). FW-001 waives that fee and is filed alongside FL-120; FW-001 does not extend the 30-day response deadline.
    NC-100
    Petition for Change of Name
    Name-change petitioners pay a first-appearance fee comparable to other civil filings (about $435 to $450). FW-001 waives the fee and is filed with the NC-100 + NC-110.
    FL-300
    Request for Order
    Family-law motion (Request for Order) carries a uniform Judicial Council fee under Gov. Code section 70617(a)(4) (about $60 in 2026, sometimes $0 if the filer already paid the petition fee). FW-001 waives the FL-300 motion fee for indigent filers.
    CR-180
    Petition for Dismissal
    Expungement petitions under PC 1203.4, 1203.41, 1203.42, 1203.43, and 1203.49 carry filing fees of about $60 to $150 in many counties. PC 1203.4(c) makes those petitions fee-free if the court finds inability to pay; FW-001 is the standard vehicle for that finding (PC 1203.4a misdemeanor petitions are statutorily free and do not need FW-001).
    EJ-130
    Writ of Execution
    Writ of Execution carries a $40 per-writ clerk issuance fee (Gov. Code 70626(b)(2)) plus sheriff levy / service fees. Indigent judgment creditors file FW-001 to waive both. A waiver granted in the underlying case usually carries forward; otherwise file a fresh FW-001 with the EJ-130.
    CH-100
    Request for Civil Harassment Restraining Orders
    Civil Harassment Restraining Order petitions are fee-free when based on unlawful violence, a credible threat of violence, or stalking (Gov. Code 6103.4; CCP 527.6(s)). For other CH-100 bases, the first-appearance fee is about $435 to $465; FW-001 is the indigent-petitioner waiver. Item 13 on CH-100 captures the violence-basis claim before FW-001 is needed.
    FL-320
    Responsive Declaration to Request for Order
    Responsive Declaration to Request for Order. FL-320 carries a $60 motion fee under Gov. Code section 70617(a)(4) when the responding party has not previously paid a first-appearance fee in the case. FW-001 waives that fee; file FW-001 with FL-320 within the same response-deadline window.
    UD-150
    Request/Counter-Request to Set Case for Trial, Unlawful Detainer
    UD-150 has no filing fee, but a party demanding a jury under CCP section 631 must deposit $150 with the court at least 5 court days before trial. FW-001 waives that jury deposit for indigent jury demanders.

    Field-by-field guidance

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    Petitioner Name
    blocker

    Rule 3.52 lists the information that must appear on a fee waiver application. The applicant's identifying information (name, address, contact) is at the top of the list , without it the court cannot determine who is asking or send the decision back.

    Petitioner Street
    blocker

    The applicant's street and mailing address is explicitly required by rule 3.52(a)(1) , the court mails the FW-003 decision to this address.

    Petitioner City
    blocker

    Component of the required address. Same authority as petitioner_street.

    Petitioner State
    blocker

    Component of the required address. Default 'CA' is appropriate for nearly all applicants.

    Petitioner Zip
    blocker

    Component of the required address.

    Petitioner Phone
    blocker

    Phone number is explicitly enumerated alongside name and address in rule 3.52(a)(1).

    Job Title
    info

    The form asks for occupation. If the applicant is unemployed, leaving this blank is appropriate , the eligibility analysis under item 5 doesn't require employment to qualify.

    Employer Name
    info

    Employer name is required if the applicant is employed. Optional if unemployed.

    Employer Address
    info

    Employer address , required if employer name is filled.

    Court County And Branch
    blocker

    Caption identifying the court is universally required on California Judicial Council forms. Without it the clerk cannot route the application.

    Case Name
    blocker

    Case caption short title (e.g., 'Smith v. Jones') is required on every page of court documents. For a brand-new case where parties don't yet have an opposing party, write 'In re [Applicant Name]' or similar.

    Case Number
    info

    Case number is required IF one has been assigned. FW-001 is commonly filed with the very first paper in a case (e.g., simultaneously with the complaint or petition), in which case no case number exists yet , leave blank, the clerk assigns one.

    Fee Type
    blocker

    The form requires the applicant to specify whether they are seeking waiver of Superior Court fees (the typical case) or Review Court (Court of Appeal / Supreme Court) fees. These have separate fee schedules and waiver thresholds.

    Eligibility Path
    blocker

    Gov. Code § 68632 establishes three eligibility tiers: (a) public benefits recipients are entitled to fee waiver as a matter of right; (b) applicants whose gross monthly household income is at or below 125% of the federal poverty guideline are also entitled as of right; (c) applicants who can show they cannot afford court fees while paying for basic household needs may receive a discretionary waiver. The applicant must check at least one path.

    Benefit Food Stamps
    info

    If the applicant chose path 5a (public benefits), they must check at least one specific benefit. Food Stamps / SNAP / CalFresh is one of the qualifying programs.

    Benefit Medical
    info

    Medi-Cal is one of the enumerated qualifying public benefits for path 5a.

    Benefit Ssi
    info

    SSI (Supplemental Security Income) is one of the enumerated qualifying public benefits for path 5a.

    Benefit Ssp
    info

    SSP (State Supplementary Payment) is one of the enumerated qualifying public benefits for path 5a.

    Benefit Calworks
    info

    CalWORKS (California's TANF program) and Tribal TANF are enumerated qualifying public benefits.

    Benefit County Relief
    info

    County Relief / General Assistance is an enumerated qualifying public benefit.

    Benefit Ihss
    info

    IHSS (In-Home Supportive Services) is an enumerated qualifying public benefit.

    Benefit Capi
    info

    CAPI (Cash Assistance Program for Immigrants) is an enumerated qualifying public benefit.

    Petitioner Print Name
    blocker

    The verification (declaration under penalty of perjury) at the bottom of FW-001 requires the applicant to print their name above the signature line. CCP § 2015.5 sets the form of perjury declarations.

    Verification Date
    blocker

    Perjury declarations under CCP § 2015.5 must include the date of signing , without a date, the declaration is defective and the court can reject the filing.

    Ezel is a self-help tool. Ezel is not a law firm and does not provide legal advice. You are the filer. Review the form carefully before submitting it to the court, and consult a licensed attorney if you have questions about your case. For free legal help, contact your local legal aid office or court self-help center.

    Sources

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