Who can ask the court to participate in a court case for free?

Anyone who must pay a fee as part of a court case. You can ask for yourself, your minor child, or an incompetent adult, but not for anyone else. 

How will I know if there is a fee?

The Circuit Clerk can tell you if there is a fee for filing a document with the court. Other fees might come up during the case. For example, the judge might tell you about a fee or the Sheriff’s Department might tell you about a fee for service of court papers.

What forms do I need to fill out to ask the court to let me participate in a case for free?

• Application for Waiver of Court Fees to give your income and expense information to the court so it can decide if you can participate in a court case for free.
• Order for Waiver of Court Fees is used by the judge to say your application is granted or denied.

What types of cases can these forms NOT be used for?  These forms CANNOT be used for criminal, traffic and juvenile cases.

Is there a deadline for filing an Application for Waiver of Court Fees?

1. No. You can file an Application for Waiver of Court Fees at any time during the court case.
2. But it might take the court a couple of days to review your application and to decide whether you have to pay the filing fees, so don’t wait until the last minute.
3. You are responsible for knowing if there are other deadlines to file documents.

Do I have to pay to file an Application for Waiver of Court Fees?

No, there is no cost for filing an Application for Waiver of Court Fees.

Do I have to file an Application for Waiver of Court Fees each time I want to file something?

No. Once the court grants an Order for Waiver of Court Fees in a particular case, you should not have to fill out another application during that court case, unless the court requests more information from you.

What do I do after I fill out the Application for Waiver of Court Fees and Order for Waiver of Court Fees?

 Step 1 – File the forms with the Circuit Clerk.

• You must file the forms in the county where the court case is filed.
• McHenry County Courthouse address is 2200 N. Seminary Ave., Woodstock IL 60098.
• Make a copy of the completed Application for Waiver of Court Fees for yourself.
• Bring the original and the copy of: 1) the completed Application for Waiver of Court Fees, 2) the Order for Waiver of Court Fees, and 3) any other court documents you are filing to the McHenry County Circuit Clerk - Civil Division on the 1st floor in Room 136.
• The Circuit Clerk will stamp and keep the original Application for Waiver of Court Fees and put it in the court file.
• The Circuit Clerk will stamp the extra copy of your Application for Waiver of Court Fees and return the copy to you.  Keep the copy for your records.

 Step 2 – Wait for a decision.

• Upon the filing of your Application for Waiver of Court Fees with the Circuit Clerk, you will be sent to Court Administration (Room 355) to ask for a judge to review your Application.
• The court will review your Application for Waiver of Court Fees and decide whether you have to pay the court fees.
• The court may need more information from you. The court may want to have a hearing on your application. The court will notify you if you need to give more information or documents, or go to court.
• After the court makes a decision, the court will fill out the Order for Waiver of Court Fees.  The Order for Waiver of Court Fees will say whether you have to pay court fees.  The court will give you a copy of this Order.
• If the court decides you have to pay the court fees and you do not pay by the deadline in the Order for Waiver of Court Fees, the court may dismiss your case or find against you.

For more information and resources, check with the McHenry County Self-Help Center on the 3rd floor of the Courthouse or at www.illinoislegalaid.org.

FORMS

Application for Waiver of Court Fees [PDF]

Order for Waiver of Court Fees [PDF]