Waiver Suspension Of Fees And Costs Affidavit And Order Form. This is a Michigan form and can be use in Civil Statewide.
Tags: Waiver Suspension Of Fees And Costs Affidavit And Order, MC 20, Michigan Statewide, Civil
Original - Court 1st copy - Applicant 2nd copy - Other party Approved, SCAO 3rd copy - Friend of the court (when applicable) PROBATE JIS CODE: OSF STATE OF MICHIGAN CASE NO. JUDICIAL DISTRICT JUDICIAL CIRCUIT COUNTY PROBATE WAIVER/SUSPENSION OF FEES AND COSTS (AFFIDAVIT AND ORDER) Court address Court telephone no. Plaintiff's/Petitioner's name Defendant's/Respondent's name v Plaintiff's/Petitioner's attorney and bar no. Defendant's/Respondent's attorney and bar no. Probate In the matter of NOTE: Requests for waiver/suspension of transcript costs or mediation fees must be made separately by motion. AFFIDAVIT 1. I ask the court to waive/suspend fees and costs for the following reason: (check either a or b) a. I am currently receiving public assistance: My DHS case number is . (MCR 2.002[C] requires the court to suspend payment of fees and costs.) OR b. I am unable to pay fees and costs because of indigency, based on the following facts: My average gross income is about $ every week. two weeks. I am receiving unemployment benefits. I am not employed. I have a vehicle: Year: Make: Model: Amount Owed: $ The total amount in all my bank accounts is: $ month. Write down any other assets and how much they are worth. If you need more space, attach a separate sheet. I pay $ month. I pay $ in rent/mortgage every month. I pay $ for court-ordered child support. I pay $ Write down any other obligations and how much you pay. 2. The number of people living in my household is 3. I am signing this affidavit for a person who in utilities (water, electricity, gas) every for court-ordered . If you need more space, attach a separate sheet. specify . is a minor. Applicant signature has the following disability . Name (type or print) Subscribed and sworn to before me on , Date My commission expires: County, Michigan. Signature: Date Deputy clerk/Register/Notary public Notary public, State of Michigan, County of ORDER IT IS ORDERED: 1. The applicant has shown by ex parte affidavit that he/she is a. receiving public assistance, and payment of fees and costs are waived/suspended pursuant to MCR 2.002(C). b. indigent and payment of fees and costs are waived/suspended pursuant to MCR 2.002(D). The applicant is required to notify the court if the reason for waiving/suspending the fees and costs no longer exists. 2. The application is denied. Date Judge NOTE: This order must be served on the other party at the time the pleading is served. MC 20 (4/14) WAIVER/SUSPENSION OF FEES AND COSTS (AFFIDAVIT AND ORDER) MCR 2.002 American LegalNet, Inc. www.FormsWorkFlow.com INSTRUCTIONS FOR USING FORM MC 20, WAIVER/SUSPENSION OF FEES AND COSTS (AFFIDAVIT AND ORDER) »» CAN I FILE MY LEGAL PAPERS WITH THE COURT FREE OF CHARGE? When you file a legal paper with the court or are ordered to case evaluation, you are often required to pay certain fees. If you cannot afford these fees, you can ask the court to "waive" or "suspend" them using this form (MC 20). »» FILING AN AFFIDAVIT 1. Prove That You Cannot Afford to Pay a Filing Fee You must show the court that you cannot afford to pay the fees. If you receive public assistance, you must give the court your DHS case number. If you do not receive public assistance, you must give the court information about your assets and obligations. An asset is something you own, such as money, a car, a house, or other property. An obligation is something you owe, such as rent, a loan payment, utilities, court-ordered child support, etc. 2. Complete Form MC 20 After you prepare the legal papers you want to file with the court, complete form MC 20. If you are receiving public assistance, check the box in front of item 1a. Write in your DHS case number. Public assistance means you are receiving help from the Michigan Department of Human Services and/or are receiving federal social security income (SSI), which includes Medicaid (a DHS program). It does not include benefits such as veterans assistance (VA benefits) or unemployment. Do not check the box in front of item 1b. Gross income means before any deductions. If you are not receiving public assistance, check the box in front of item 1b. Check all the boxes that apply to you. If you are not employed, check that box. Write in all the requested information about your assets and obligations. Do not sign the form until you are in front of a notary public or the clerk of the court. 3. Sign the Affidavit Under Oath After form MC 20 is completed, sign it under oath in front of a notary public or a clerk of the court. You must bring your photo identification with you when you sign the affidavit. There may be a fee to have your affidavit signed in front of a notary public. 4. Make Copies After you have signed the affidavit under oath, make a copy of the completed form for your records. If your court case is a domestic relations case, such as divorce, paternity, separate maintenance, etc., make another copy of the completed form for the friend of the court office. If you are at the court when you sign the affidavit, you can ask the clerk of the court to make copies for you. There may be a cost to make the copies. 5. File Form MC 20 Take or mail the original and all copies of this form (MC 20) to the clerk of the court along with any other legal papers you want to file. If your court case is a domestic relations case, such as divorce, paternity, separate maintenance, etc., include the friend of the court copy you made in step 4. If you mail the form, include a postage-paid envelope with your return address. »» GETTING A SIGNED ORDER When you file your affidavit with the court, the clerk of the court will give it to the judge. The judge will make a decision and will sign the order. The clerk of the court will keep the original and return a signed copy to you. The clerk of the court will send a copy to the friend of the court if you filed that copy. You are responsible for sending a copy of the signed order to the other parties involved in the case. American LegalNet, Inc. www.FormsWorkFlow.com