How to File a Motion to Proceed In Forma Pauperis (IFP)

To file a motion to proceed in forma pauperis, complete the federal court’s IFP application (Form AO 240 or the longer AO 239), sign it under penalty of perjury, and submit it to the clerk together with your complaint. The motion asks a federal judge to waive the filing fee, currently $405 for most civil actions, so your case can move forward even if you can’t pay upfront.¹ The authority comes from 28 U.S.C. § 1915, which lets any federal court allow a person to start, defend, or appeal a case without prepaying fees, provided they submit a sworn statement showing they can’t afford them.² How carefully you fill out that form is the single biggest factor in whether the judge grants or denies you.

Whether You Qualify

You don’t have to be destitute. The judge is deciding whether paying the fee would leave you unable to cover basic necessities like food, housing, and medical care for yourself and your dependents. As a starting benchmark, the federal judiciary publishes an annual figure pegged to 150% of the HHS Poverty Guidelines.³ For 2026, that threshold is $1,995 per month ($23,940 per year) for a single person, with higher amounts for larger households.

Being below that line doesn’t guarantee approval, and being above it doesn’t automatically disqualify you. The judge looks at your full picture: income from every source, the value of your assets, and your unavoidable monthly expenses. Someone with a modest paycheck but heavy medical debt or court-ordered child support may still qualify because disposable income after survival costs is essentially zero. The question is genuine hardship, not whether you’re technically poor on paper.

Which Form to Use

The federal courts offer two versions of the application. Form AO 240, the short form, is a streamlined application asking about employment, income sources, assets, and monthly expenses, and it’s the one most non-prisoner litigants use for straightforward financial situations.⁴ Form AO 239, the long form, requires line-by-line breakdowns of income, assets, debts, and household expenses; some districts require it, especially in complex cases or when the court needs more granular detail.⁵

Both are on the U.S. Courts website and in paper form at any federal district clerk’s office. Before filling one out, check your district’s local rules or call the clerk to confirm which version is expected. Filing the wrong form won’t sink your case, but it can add delay if the court sends it back.

What Goes on the Application

Whichever form you use, the court wants a complete and honest snapshot of your finances. Leave no field blank. If the answer is zero or not applicable, write that in. Gather the following before you sit down with the form:

Employment and income: your current employer (if any), pay rate, and pay frequency. The form also asks about other income over the past 12 months, including self-employment, pensions, disability payments, rental income, interest, dividends, gifts, and inheritances.⁶
Spouse’s income: if you’re married, the form asks about your spouse’s employment and earnings, because courts consider total household resources.
Assets: cash on hand, balances in checking and savings accounts, and the value of any real estate, vehicles, or other property.
Monthly expenses: rent or mortgage, utilities, food, transportation, insurance, medical costs, and other recurring obligations. The long form breaks these into individual line items.
Dependents: names and ages of anyone who relies on you financially.

The form ends with a declaration you sign under penalty of perjury. The form itself warns that a false statement can result in dismissal.⁶ That isn’t theoretical. Courts do dismiss cases and can refer false statements for prosecution. When you’re unsure how to categorize something, err on the side of disclosure. A judge is far more forgiving of a borderline financial picture than a deliberately incomplete one.

How to File It

File the IFP application at the same time as your complaint. The two documents go to the clerk’s office together. You have three delivery options:

In person: bring the originals and any required copies to the clerk’s office window.
By mail: send the package to the clerk of the district court where you’re filing. Keep copies and consider certified mail so you have proof of delivery.
Electronic filing: some federal courts allow pro se litigants to file through the CM/ECF system, though this varies by district. Call the clerk to find out whether your court offers electronic access to non-attorneys.⁷

Once the clerk has your motion and complaint, the lawsuit is on hold while a judge reviews your financial disclosures. The defendant won’t be served and no deadlines start running until the court rules on the IFP motion.

What Happens After the Judge Reviews It

If the Motion Is Granted

For non-prisoner litigants, a grant waives the fee outright, so you won’t owe it later. The grant also covers service of process: the U.S. Marshals Service will serve the summons and complaint on the defendant at no cost to you, since IFP litigants are exempt from the prepayment requirement for marshal service fees.⁸ To make that happen, you’ll fill out Form USM-285 (Process Receipt and Return), one copy for each person or entity to be served, with accurate names, addresses, and any phone numbers or alternate addresses that might help the marshals locate the defendant.⁹ If you’re suing a federal officer or agency, submit two additional copies of the summons and complaint for service on the United States itself.

After granting IFP status, the court screens your complaint under 28 U.S.C. § 1915(e)(2). The judge will dismiss the case if the poverty allegation turns out to be untrue, or if the lawsuit is frivolous, malicious, fails to state a viable legal claim, or targets a defendant immune from monetary damages.² Screening happens even if you’ve paid a partial fee. The court can also request an attorney to represent you if it believes your case has merit and you need legal help, though appointment of counsel in civil cases is discretionary.

If the Motion Is Denied

A denial means the judge decided you have enough resources to pay. The court typically gives you a set window, often 14 to 30 days, to pay the full filing fee and keep the case alive. Some judges grant a partial waiver instead of a flat denial, requiring a reduced payment based on available resources. If you can’t pay within the deadline, the case is dismissed without prejudice, so you can refile later if your finances change.

Costs IFP Does Not Cover

IFP status eliminates the filing fee and covers service through the marshals, but it doesn’t make litigation free. The Third Circuit Court of Appeals puts it plainly: IFP status “does not cover other expenses associated with the appeal, e.g., service, copying, mailing, or costs you may have to pay the other party if you lose.”¹⁰ The same principle applies in district court. Expenses you may still face include:

Copying and mailing your filings to opposing parties.
Deposition and discovery costs, including expert witnesses and document production.
Adverse costs if you lose. Under Federal Rule of Civil Procedure 54(d), the court can order you to pay certain costs incurred by the other side.

Appealing a Denial

If the district court denies your IFP motion, you can ask the court of appeals to overturn that decision. Federal Rule of Appellate Procedure 24 gives you 30 days after service of the district court’s denial to file a motion for IFP status directly with the appellate court.¹¹ Your motion must include a copy of the affidavit you filed in the district court and the district court’s stated reasons for denying you. If you didn’t file an affidavit below, include one with the appellate motion.

The appellate court reviews the denial independently. It isn’t rubber-stamping the district judge’s ruling; it looks at your financial information fresh and decides whether IFP status should have been granted.

If You’re Incarcerated

The Prison Litigation Reform Act (PLRA) changed the rules for prisoners. A prisoner granted IFP status still owes the full filing fee, collected in installments rather than waived, and must submit a certified six-month prison trust fund account statement with the application. Prisoners with three or more prior federal cases dismissed as frivolous, malicious, or for failing to state a claim generally can’t file IFP at all, except in cases of imminent danger of serious physical injury.² If that applies to you, use Form AO 239 and request the trust account statement from your facility’s records office before you file.

If You’re Filing in State Court

The federal IFP process under 28 U.S.C. § 1915 applies only in federal courts. State courts have their own fee waiver procedures, which may go by different names and use different forms. Filing fees, eligibility standards, required documentation, and appeal processes vary by state. Contact the clerk’s office of the specific state court where you plan to file to get the correct form and local requirements.

1
Office of the Law Revision Counsel. 28 U.S. Code 1914 – District Court; Filing and Miscellaneous Fees
2
Office of the Law Revision Counsel. 28 U.S. Code 1915 – Proceedings In Forma Pauperis
3
United States Courts. 150% of the HHS Poverty Guidelines for 2026
4
United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
5
United States Courts. Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)
6
United States Courts. AO 240 Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form)
7
United States Courts. Electronic Filing (CM/ECF)
8
U.S. Marshals Service. Service of Process
9
United States Marshals Service. Process Receipt and Return
10
United States Court of Appeals for the Third Circuit. Fees; In Forma Pauperis; Dismissal
11
Legal Information Institute. Federal Rules of Appellate Procedure Rule 24 – Proceeding In Forma Pauperis