Rule 502.3.Fees; Inability to Afford Fees

Last verified June 28, 2026

In one sentenceRule 502.3 lets a party who cannot afford court fees file a Statement of Inability to Afford Payment of Court Costs instead of paying, sets the clerk's duties, and allows a contest the judge resolves at a hearing.

Full Text of Rule 502.3

Text sizeJump to: (a) (b) (c) (d)

(a) Supreme Court Form; Contents of Statement. A party who cannot afford filing fees or other court fees must file a Statement of Inability to Afford Payment of Court Costs approved by the Supreme Court or another statement certifying the same information.

(b) Clerk Duties. The clerk must make the form available to any person for free without request.

(c) Certificate of Legal-Aid Provider. If the party is represented by an attorney who is providing legal services either directly or by referral from a legal-aid provider described in Rule 145(d), the attorney may file a certificate confirming that the provider screened the party for eligibility under the income and asset guidelines established by the provider. A Statement that is accompanied by the certificate of a legal-aid provider may not be contested under (d).

(d) Contest.

(1) Unless a certificate is filed under (c), the defendant may file a contest of the Statement at any time within 7 days after the day the defendant’s answer is due. If the Statement attests to receipt of government entitlement based on indigence, the Statement may only be contested with regard to the veracity of the attestation.

(2) If contested, the judge must hold a hearing to determine the party’s ability to afford the fees. At the hearing, the burden is on the party filing the Statement to prove the inability to afford fees.

(3) The judge may, on the judge’s own initiative, examine the Statement and conduct a hearing to determine the party’s ability to afford fees.

(4) If the judge determines that the party is able to afford the fees, the judge must enter a written order listing the reasons for the determination, and the party must pay the fees in the time specified in the order. If the party ordered to pay fees is the plaintiff, and the plaintiff does not timely pay the fees, the case will be dismissed without prejudice.

End

Plain-English Summary

Rule 502.3 handles court fees for those who cannot pay. A party who cannot afford filing or other court fees files the Supreme Court's Statement of Inability to Afford Payment of Court Costs, which the clerk must provide free. If a legal-aid attorney certifies the party's eligibility, the Statement generally cannot be contested.

Otherwise, the defendant may contest the Statement within 7 days after the defendant's answer is due, and the judge holds a hearing at which the filer must prove an inability to afford the fees.

Frequently Asked Questions

What if you can't afford the filing fee in Texas justice court?

File a Statement of Inability to Afford Payment of Court Costs instead of paying (Rule 502.3). It can be contested and decided at a hearing.

Can a Statement of Inability to Afford Court Costs be challenged in Texas justice court?

Usually the defendant may contest it within 7 days after the defendant's answer is due, under Rule 502.3. If a legal-aid attorney has certified the filer's eligibility, the Statement generally cannot be contested at all.

What happens if a Texas justice court decides you can afford the fees after all?

Rule 502.3 requires a written order explaining the decision and a deadline to pay. If the plaintiff misses that deadline, the case is dismissed without prejudice.

Source & verification. Rule text and the official Notes and Comments are reproduced verbatim from the Texas Rules of Civil Procedure (Tex. R. Civ. P. 502.3), published by the Texas Judicial Branch (txcourts.gov). Promulgated by the Supreme Court of Texas. The plain-English summary is original and draws on official sources. Last verified June 28, 2026. · Official source

Also known as: inability to afford feesstatement of inabilityfee waiver justice courtTRCP 502.3