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Affidavit Of Indigency And Application For Counsel (Defense Of Indigents Act) Form. This is a South Carolina form and can be use in Appellate Courts Statewide.
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Tags: Affidavit Of Indigency And Application For Counsel (Defense Of Indigents Act), 2, South Carolina Statewide, Appellate Courts
STATE OF SOUTH CAROLINA
)
)
COUNTY OF ____________________
)
)
)
)
Plaintiff, )
)
vs.
)
)
)
Defendant. )
IN THE FAMILY COURT
_____JUDICIAL CIRCUIT
AFFIDAVIT OF INDIGENCY
AND
APPLICATION FOR COUNSEL
(Defense of Indigency Act, Form No.2)
Docket No. ___________________________
NAME OF APPLICANT
ADDRESS
TELEPHONE NUMBER(S)
DATE OF BIRTH
SOCIAL SECURITY NO.
NAMES OF CO-DEFENDANTS
1.
Are you presently employed?
Yes
No
a. If “yes”, state the amount of your salary or wages per month, and give the name and address
of your employer.
SALARY OR WAGES
PER MONTH
NAME AND ADDRESS OF EMPLOYER
If “no”, state the name and address of last employment, date of termination of employment, and
amount of your salary or wages per month.
SALARY OR WAGES
PER MONTH
2.
NAME AND ADDRESS OF EMPLOYER
TERMINATION
DATE
Include employment information for the spouse, if applicable.
SALARY OR WAGES
PER MONTH
NAME AND ADDRESS OF EMPLOYER
If the spouse is not currently employed, state the name and address of last employment, date of
termination of employment, and amount of salary or wages per month.
SALARY OR WAGES
PER MONTH
NAME AND ADDRESS OF EMPLOYER
TERMINATION
DATE
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3.
List by name, age and relationship to you, any persons who are dependent upon you for support.
Indicate beside each how much you contribute toward their support.
NAME
4.
AGE
RELATIONSHIP
AMOUNT OF SUPPORT
Have you received within the past twelve months any money from any of the following
sources?
a. Business, profession or form of self-employment?
Yes
No
b. Rent payments, interest or dividends?
Yes
No
c. Pensions, annuities or life insurance payments?
Yes
No
d. Gifts or inheritances?
Yes
No
e. Any other sources?
Yes
No
If the answer to any of the above is “yes”, describe each source of money and state the amount
received from each during the past twelve months.
SOURCE OF MONEY
5.
AMOUNT
Do you own cash, or do you have any money in a checking or savings account?
Yes
No
If the answer is “yes”, state the total amount of the cash owned.
6.
__________________________
Do you own any real estate, stocks, bonds, notes, or other valuable property (excluding
ordinary household furnishings and clothing)?
Yes
No
If the answer is “yes”, describe the property and state the appropriate value of the items owned.
________________________________________________________________________________
________________________________________________________________________________
________________________________________________________________________________
7.
What kind of motor vehicle do you own?
___________________________________________
Is it paid for?
Yes
No
If not, what are the payments? ______________________________________________________
8.
How much do you owe (on liens, mortgages, other encumbrances or debts)? _______________
________________________________________________________________________________
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I do solemnly swear that the account by me delivered into this court with my application for counsel
does contain a true and full account of all my real and personal estate, debts, credits and effects
whatsoever without exception, which I or any person in trust for me have or at the time of my possession
had, or am, or was, in any respect, entitled to, in possession, remainder or reversion and that I have not
at any time since charges were made against me or before, directly or indirectly sold, leased, assigned or
otherwise disposed of or made over, in trust for myself or otherwise, other than is mentioned herein.
I understand the appointment of counsel creates a claim against the assets and estate of the person
who is provided counsel or the parents or legal guardians of a juvenile in an amount equal to the
cost of representation less the amount paid to appointed counsel, the public defender office and/or
the Commission on Indigent Defense. I understand that such claim shall be filed in the office of
the Clerk of Court in the county where I, my child, or ward are assigned counsel, but that the
filing of a claim shall not constitute a lien against my real or personal property unless, in the
discretion of the court, part of all of such claim is reduced to judgment by appropriate order of
the court after serving me with at least thirty (30) days notice that judgment will be entered.
I understand that, pursuant to §17-3-30(b), I am required to pay a non-refundable $40.00
application fee to the Clerk of Court for public defender services or other appointed counsel.
I am financially unable to employ counsel and request that counsel be assigned to represent me. I
understand that I am entitled to at least thirty days’ notice before a claim against me may be reduced to
judgment, and I do hereby waive the right to such notice.
This _____day of _______________________, ______
______________________________
Applicant
Subscribed and sworn to before me this
day of
,
(L.S.)
Notary Public for South Carolina
My Commission Expires:
The applicant’s request for court-appointed counsel is hereby
granted /
denied.
Dated: _____________________
Judge/Clerk or Deputy Clerk
______________, South Carolina
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