How to File a Fee Waiver (FW-001, FW-003) With Your SC-100 Small Claims Case

What Is a Court Fee Waiver?

If you cannot afford the court's filing fee, California lets you ask the court to waive it. You do this with the FW-001 ("Request to Waive Court Fees") and its companion order form, the FW-003 ("Order on Court Fee Waiver"). For a small claims case, you file both together with your SC-100 ("Plaintiff's Claim and ORDER to Go to Small Claims Court") — in the same packet, at the same time.

This matters for tenants pursuing a security deposit under California Civil Code § 1950.5: the whole point of small claims is a low-cost path to justice, and the fee waiver removes the up-front filing fee entirely for people who qualify. The right to ask for a waiver comes from Government Code §§ 68630–68640.

Key facts at a glance

The Three Forms You File Together

A common point of confusion is the FW-003: "If I haven't filed yet, how can there already be a court order?" The answer is that you submit the FW-003 mostly blank — you fill in only the top identifying section, and the court writes its decision on the rest. You are handing the judge a ready-to-sign order, not a completed one.

How to File for a Fee Waiver — Step by Step

Step 1: Get the current version of every form

Download FW-001, FW-003, and SC-100 from the California Courts self-help website, or pick up paper copies at the clerk's office. Verify the revision date in the footer before filing — the current FW-001 is dated March 1, 2026, and the current SC-100 is dated January 1, 2026. Clerks can reject outdated versions, which costs you time.

Step 2: Fill out FW-001 — your information

On page 1 of FW-001, complete:

• Item 1 — Your information: your name, mailing address, and phone.
• Item 2 — Your job, if you have one (job title and employer). If you are not working, say so rather than leaving it blank.
• Item 3 — Your lawyer, if you have one. Most small claims filers are self-represented, so this is usually left empty.
• Item 4 — What court's fees: check Superior Court (small claims is part of the Superior Court).

Leave the case number blank — a new small claims case does not have one yet. The clerk assigns it when the case is accepted.

Step 3: Say why you qualify (item 5) and complete page 2 if required

Item 5 gives three independent paths under Government Code § 68632 — you only need one:

• 5a — Public benefits: you receive Medi-Cal, CalFresh (Food Stamps), SSI, SSP, CalWORKs, County Relief/General Assistance, IHSS, CAPI, WIC, Tribal TANF, or unemployment. If you check 5a, you do not complete page 2.
• 5b — Low income: your gross monthly household income is below the table in the eligibility section below. If you check 5b, complete items 7, 8, and 9 on page 2.
• 5c — Cannot meet basic needs: you cannot pay for your household's basic needs and the court fees. If you check 5c, complete all of page 2.

Then sign and date. FW-001 is signed under penalty of perjury (Gov. Code § 68633), so answer truthfully and completely. This is a place where a careful review pays off — an incomplete financial page is the most common reason a waiver is delayed.

Step 4: Fill out item 1 of FW-003 — and leave the order blank

On FW-003, complete only:

• The court name and address and the case caption (your name v. the defendant's name). Leave the case number blank for a new case.
• Item 1 — Person who asked the court to waive court fees: your name and address.

Stop there. Everything after "After reviewing your Request…" — the boxes for grant, deny, or hearing, the hearing date, and the signature — is the court's to complete. The form itself states, "All checked boxes are court orders." You are not deciding the outcome; you are giving the court a clean order to fill in (Gov. Code § 68634).

Step 5: Complete your SC-100

Fill out pages 2–4 of the SC-100:

• Item 1 — Plaintiff: you.
• Item 2 — Defendant: the landlord's exact legal name and address. If the landlord is an LLC or corporation, add the agent for service of process. Naming the wrong entity is a leading cause of dismissal.
• Item 3 — The claim: the amount owed and why. Item 3c specifically says do not include court costs or fees for service in your calculation.
• Item 4: confirm you asked the defendant to pay before suing — a demand letter satisfies this.
• Item 5–6: the courthouse and zip code that cover where the contract was made, signed, performed, or broken (CCP § 116.110 et seq.).
• Items 9–10: disclose if you have filed more than 12 small claims in 12 months, and whether the claim exceeds $2,500 (you may file no more than two such cases per calendar year).

Sign under penalty of perjury. Leave page 1 blank — the clerk fills in the case number and trial date.

Step 6: Assemble the packet and file

File all three forms together — FW-001, FW-003, and SC-100 — in one packet. A practical order is FW-001, then FW-003, then SC-100, so the clerk can act on the waiver before charging the filing fee. Copy rules differ slightly: make one copy of FW-001, but FW-003 needs no copy. For the SC-100, prepare a court-stamped copy for each defendant to be served.

Keep the FW-001 private. It is a confidential financial disclosure (Cal. Rules of Court, rule 3.54) — the court sees it, but you do not serve it on the landlord.

Many Bay-Area courts also accept electronic filing for small claims. Where e-filing is available, the FW-001 and FW-003 are uploaded alongside the SC-100 and the filer is flagged as fee-exempt; where it is not, the same paper packet is filed in person or by mail.

Step 7: What the court does next

The court must act on your request within 5 court days (Gov. Code § 68634). It will either grant the waiver, deny it with a reason, or set a short hearing if it needs more information. Its decision comes back to you on the same FW-003 you submitted — now completed and signed. If your case is accepted, the clerk also returns a stamped copy of the SC-100 with your case number and trial date.

Do You Qualify? Fee Waiver Eligibility

You qualify if you meet any one of the three paths in Government Code § 68632. The income path (5b) uses this gross-monthly-household-income table from the current FW-001 (set at 125% of the federal poverty level):

For a household of more than 6, add $946.67 for each additional person. If you receive one of the listed public benefits (path 5a), you qualify regardless of the table, and you do not fill out the financial page.

Which Filing Fees a Waiver Covers

The small claims filing fee scales with the amount you claim (Gov. Code § 70613). A granted fee waiver covers this fee, plus the sheriff's fee to serve papers and other listed court costs (Gov. Code § 68632).

A waiver does not erase every future obligation. If you later settle a civil case for $10,000 or more, the court has a lien on the settlement for the waived fees (Gov. Code § 68637), and if your finances improve during the case you must tell the court within 5 days using form FW-010 (Gov. Code § 68636).

Common Mistakes to Avoid

• Filing the SC-100 alone, then trying to add the waiver later. File all three together so the clerk can process the waiver before charging you.
• Leaving the FW-001 financial page (page 2) blank when 5b or 5c applies. An incomplete page 2 is the most common reason a waiver is delayed or denied.
• Filling in the FW-003 order boxes. Complete only item 1 and the caption — the grant/deny decision is the court's.
• Serving the FW-001 on the landlord. It is confidential (Cal. Rules of Court, rule 3.54); serve the SC-100 only.
• Adding filing or service fees into the SC-100 claim amount. Item 3c excludes them.

Frequently Asked Questions

Do I file FW-003 even though the court hasn't ruled yet?

Yes. You submit the FW-003 with only item 1 and the caption filled in; the rest is left blank for the clerk or judge to complete. You are giving the court a ready-to-sign order, not deciding the result yourself (Gov. Code § 68634).

How much does it cost to apply for a fee waiver?

Nothing. Filing FW-001 and FW-003 is free. If the waiver is granted, your SC-100 filing fee and the sheriff's service fee are covered too (Gov. Code § 68632).

Will my landlord see my financial information?

No. The FW-001 is a confidential document (Cal. Rules of Court, rule 3.54). You serve the landlord with the SC-100 only — never the FW-001 or the completed FW-003.

What if the court denies my fee waiver?

The court explains why on the FW-003 and usually gives you a short window to pay the fee, provide more information, or attend a brief hearing. A denial does not end your case — it just means the fee is due unless you cure the issue in time (Gov. Code § 68634).

Do I qualify if I have a job?

Possibly. Even with income, you may qualify under path 5c if you cannot pay for your household's basic needs and the court fees (Gov. Code § 68632). You would complete the full financial page so the court can see your expenses.

How long does the court take to decide?

The court must act within 5 court days of filing (Gov. Code § 68634). If it needs more information, it may set a brief hearing instead of ruling immediately.

Can I get a fee waiver for e-filing?

Yes. Where a Bay-Area court offers electronic filing for small claims, you upload FW-001 and FW-003 with the SC-100 and mark yourself fee-exempt. Where e-filing is not offered, you file the same paper packet in person or by mail.

Let Accessible Justice Prepare Your Fee-Waiver Packet — Attorney-Reviewed

Getting a fee waiver approved is mostly about completeness: the right eligibility path, a financial page filled out correctly, and an FW-003 caption that matches your SC-100. Small gaps are what cause delays.

Accessible Justice handles the whole packet for you:

• We prepare FW-001, FW-003, and the SC-100 together from the information you provide — correct eligibility path, correct financial page, matching captions.
• A licensed California attorney reviews your case before anything is filed.
• We file the packet and can arrange third-party service of process for an additional fee (service is not guaranteed if the landlord cannot be located).
• We keep your FW-001 confidential — the landlord is served only the SC-100.
• Attorney packages, when you want more support — we file your case, serve your case, and charge a percentage of recovery only if you win.

Because you sign the FW-001 under penalty of perjury, the eligibility facts are always yours to confirm — we make sure the forms are complete and consistent, and our attorney reviews the packet before it reaches the clerk.

This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.

This is general legal information, not legal advice for your specific situation. Accessible Justice's attorney reviews your case before any action is taken.