Texas Tenant Advisor

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The Texas Tenant Advisor is intended to provide general information regarding Texas residential tenancies only.

Unique facts can render some statements inapplicable to a given situation.

We attempt to provide current information; nonetheless, you are urged to consult an attorney for legal advice and assistance.

Affidavit of Inability to Pay Costs

This form is for an indigent person to file a lawsuit in justice court without paying court costs. If you truly cannot afford to pay the costs to file your case then this form is for you. The form is ready to be downloaded in the following formats:

(PDF Form: 125 KB / 1 page) or

 (Rich Text Format for word processor: 22 KB / 1 page)

PDF stands for Portable Document Format click the icon above to download and install the free Adobe Acrobat Reader.

How to fill in the blanks in the form:

1 The first blank at the top of the form is the Case Number. You do not need to file that in, the clerk will assign the case number when you file the case.

2 On the right side at the top is the court information. Put the County of suit in the blank and put which Precinct and Place of the justice court where the suit was filed (e.g., Precinct 1, Place 2, Dallas County, Texas).

3 Since you filed the suit, then you are the Plaintiff. Put the landlord's name in the blank for the Defendant.

4 Fill in the county you are living in on the left side of the form.

5 Then fill in all the sources of income you receive and the amount you receive each month. List only sources you have access to (do not list the income of a spouse if the spouse does not live with you and does not provide you with income for household expenses). Also list the approximate monthly expenses you are supposed to pay each month.

6 List the number of dependents (people) you support (not including yourself).

7 List how many vehicles you own or operate as your own. This form was created for a truly indigent person. If you have any significant assets, you must list these and make corrections to the form. Remember, this affidavit is a sworn statement to the court that you do not have sufficient resources to pay the court costs. You must disclose whether you have signficant income or assets that would indicate whether you can afford to pay court costs. While you may not want to pay the costs, this is not the issue.

8 Disclose the balance of any checking account or savings account you have. Also disclose the cash you have on hand.

9 Then sign your name at the bottom. Print your name, complete address and phone number below your signature.

10 You are further required to sign the document and swear that everything on the affidavit is true before a notary public. These are persons that are authorized by the state of Texas to administer oaths. Notaries can be found in banks, title companies and other locations. Unless you are a customer of the business, a notary may charge you a small fee to notarize a document. The fee should be around $5 or $10 at the most.

11 Then make two copies of the signed form and take them, with the original to the justice court for filing. The court will keep the original, and give you back one copy to serve on the landlord and one for your records. For more information on proceeding with the case, see Representing Yourself.