Your deadline
The fee waiver has no deadline of its own, but it only helps if it goes in with your response, and the response has to be filed within the period on the summons: 10 court days from service. Not having the filing fee is never a reason to skip filing. The clerk accepts the answer with the FW-001 attached while the court decides the request.
- Form
- FW-001
- Official name
- Request to Waive Court Fees
- Who gives it to you
- Filed by you, together with your first filing in the case
- The clock it starts
- File it with your answer, inside the response period on the summons
- Version shown here
- Rev. March 1, 2026, mandatory form
What to do if you are served a FW-001
- See which of the three grounds you fit. You qualify if you receive a listed public benefit such as Medi-Cal, CalFresh, SSI, or CalWORKs; if your household income is below the amount on the form for your household size; or if your income and expenses leave you unable to pay the fee and still pay for basic needs.
- Fill in the income section that applies. Benefit recipients check the benefit. Income-based requests need gross monthly income for the household. Requests on the third ground need the full budget section, with income, assets, and expenses.
- File it with your answer. Hand the FW-001 to the clerk together with the UD-105 and any other first filing. The clerk stamps the answer as filed even though the fee has not been paid.
- Watch for the court's order. The court sends an FW-003 order granting or denying the request, or setting a hearing. If it is denied you get a short window to pay, and if you miss it the filing can be voided, so read the order the day it arrives.
The FW-001 is the form that removes money as a reason not to respond to an eviction. California courts charge a first appearance fee to file an answer, and for a tenant who is already behind on rent that fee can look like a wall. It is not. The Request to Waive Court Fees is filed together with the answer, the clerk accepts the answer as filed, and the court decides the request afterward.
The three ways to qualify
The form gives three independent grounds. You only need one.
- Public benefits. You receive Medi-Cal, CalFresh, SSI, SSP, CalWORKs, County Relief or General Assistance, Tribal TANF, IHSS, or CAPI. Check the box and you are done with the income section.
- Low income. Your gross monthly household income is at or below the amount printed on the form for your household size. The table is updated each year.
- Cannot afford it. Your income is above the table but your expenses leave you unable to pay the fee and still cover the basic needs of your household. This ground needs the full financial section: income, assets, monthly expenses, and debts.
Filling it out
The top of the form asks for your name, address, and the case information from the summons. Item 5 is where you choose the ground. Benefit recipients stop there. Income-based requests need item 6, gross monthly income for everyone in the household. Requests on the third ground need items 7 through 10, which take a few minutes and should be accurate, because the form is signed under penalty of perjury.
You do not have to attach pay stubs or benefit letters when you file, but the court can ask for them, so keep them.
Filing it with your answer
Hand the FW-001 to the clerk with the UD-105 answer and any other first filing. The clerk stamps everything as filed. The court then reviews the request and mails an order. If it is granted, the fee is waived for the rest of the case. If it is denied or the court needs more information, the order gives you a short period to pay or to come to a hearing. That order is easy to lose in the mail that follows an eviction filing, and missing it can result in the answer being voided, so open everything from the court the day it arrives.
Why it matters
Tenants lose eviction cases by default every week for a reason that has nothing to do with the merits: they did not file an answer because they thought they could not afford to. The fee waiver exists to prevent exactly that. When we prepare and file your response, the fee waiver goes in with it. The consultation is free.
Frequently asked questions
What is a FW-001 form?
The FW-001 is California's Request to Waive Court Fees. It asks the court to excuse the filing fee for a person who cannot afford it. In an eviction case tenants use it to file their answer without paying the first appearance fee up front.
Who qualifies for a fee waiver in California?
Anyone receiving a listed public benefit such as Medi-Cal, CalFresh, SSI, SSP, CalWORKs, or General Assistance; anyone whose gross household income is below the limits printed on the form; and anyone who can show the court that paying the fee would leave them unable to meet basic household needs.
Can I file my eviction answer if I cannot pay the fee?
Yes. File the answer with the FW-001 attached and the clerk accepts it. Do not wait until you have the money, because the answer still has to be filed within the response period on the summons.
What happens after I file a FW-001?
The court reviews it and issues an order. If the request is granted the fee is waived. If it is denied, or the court wants more information, you receive notice and a short period to pay or appear. Ignoring that notice can result in your answer being stricken.
Does a fee waiver cover other fees in the case?
A granted waiver covers the filing fees and most court fees for the rest of the case, including jury fees in an unlawful detainer if a jury trial is requested. It does not cover the landlord's costs if the landlord wins.
This website provides general information about the California eviction process and is not legal advice. Court forms are reproduced from the Judicial Council of California; confirm you are using the current revision before filing.