An Affidavit of Indigency form is filed with a court for certain required legal fees waived, being declared eligible for free services, or court appointed legal counsel. The Affidavit of Indigency document is for people who cannot afford to pay for a lawyer and may have one appointed for them by the courts.
There are also constitutional requirements applicable to an indigent person’s access to services and processes in our legal system. These rights were afforded to citizens of the United States by the Sixth Amendment to the Constitution. An Affidavit of Indigency should also be submitted in order to have a legally required fee waived, an example being a court filing fee.
Indigency refers to people who have a major lack of income. Indigency is governed by various federal, state, local, and administrative laws and rules, which vary by state.
Indigency in United States is defined by:
• The need for certain public assistance payments.
• Income after taxes not exceeding 125% of the current Federal Poverty Guideline.
• That a person cannot pay required fees or costs without depriving themselves or those who are dependent on them of the necessities of life, including food, shelter and clothing.
Due process rights require the indigent person to have access to the United States legal system. Public lawyers are appointed for those who can’t afford one and are faced with incarceration.
Some filing fees required by the justice system may be waived by submitting the Affidavit of Indigency form. There are also numerous state and federal government benefits available to those who have a maximum income level at or below a defined poverty line.