FW-001: Request to Waive Court Fees
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Eviction Defense packet
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.
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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.
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.
Component of the required address. Same authority as petitioner_street.
Component of the required address. Default 'CA' is appropriate for nearly all applicants.
Component of the required address.
Phone number is explicitly enumerated alongside name and address in rule 3.52(a)(1).
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 is required if the applicant is employed. Optional if unemployed.
Employer address , required if employer name is filled.
Caption identifying the court is universally required on California Judicial Council forms. Without it the clerk cannot route the application.
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 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.
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.
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.
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.
Medi-Cal is one of the enumerated qualifying public benefits for path 5a.
SSI (Supplemental Security Income) is one of the enumerated qualifying public benefits for path 5a.
SSP (State Supplementary Payment) is one of the enumerated qualifying public benefits for path 5a.
CalWORKS (California's TANF program) and Tribal TANF are enumerated qualifying public benefits.
County Relief / General Assistance is an enumerated qualifying public benefit.
IHSS (In-Home Supportive Services) is an enumerated qualifying public benefit.
CAPI (Cash Assistance Program for Immigrants) is an enumerated qualifying public benefit.
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.
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.
Sources
- Form FW-001 (PDF, Rev. September 1, 2024)
- Form FW-001-INFO (companion instruction sheet)
- California Rules of Court rule 3.51 (when and how to apply for a fee waiver)
- California Rules of Court rule 3.53 (confidentiality of fee waiver applications and orders)
- California Gov. Code §§ 68630-68641 (statutory authority for court fee waivers)
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