Rule 510.7.Inability to Afford Fees

Last verified June 28, 2026

In one sentenceRule 510.7 lets a party who cannot afford court fees file a Statement of Inability to Afford Payment of Court Costs instead of paying, with the clerk providing the form free and any contest resolved at a hearing.

Full Text of Rule 510.7

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 containing the same information. The Statement must either be sworn to before a notary or be signed and verified as true and correct under penalty of perjury.

(b) Clerk Duties. The clerk must make the Statement 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 cannot be contested under (d).

(d) Contest.

(1) Unless a certificate is filed under (c), a party may file a contest of the Statement. The contest must contain sworn evidence—not merely allegations—either that the Statement was materially false when made or that because of changed circumstances, is no longer true.

(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 510.7 handles fees for those who cannot pay. A party files the Supreme Court's Statement of Inability to Afford Payment of Court Costs, which the clerk must provide free. A legal-aid certificate generally forecloses a contest; otherwise a party may contest the Statement, and the judge holds a hearing — and may examine the Statement on the judge's own initiative — to decide the party's ability to afford the fees.

Frequently Asked Questions

What if you can't afford eviction court fees in Texas?

File a Statement of Inability to Afford Payment of Court Costs (Rule 510.7). It can be contested and decided at a hearing.

Can a legal-aid client's fee waiver be contested in an eviction case?

No. Rule 510.7 provides that a Statement accompanied by a legal-aid provider's certificate — confirming the party was screened and meets the provider's income and asset guidelines — cannot be contested.

What happens if a landlord is ordered to pay eviction fees and doesn't?

Rule 510.7 provides that if the plaintiff is ordered to pay the fees and does not pay them in the time the judge sets, 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. 510.7), 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 fees evictionstatement of inabilitywaiver of eviction filing feescontest a statement of inabilityTRCP 510.7