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For many individuals facing financial challenges, the requirement to pay filing fees can serve as a significant barrier to accessing the judicial system. Recognizing this, the state of Colorado offers a solution through the JDF 205 form, a mechanism designed to help mitigate these financial hurdles. The form serves a dual function, allowing individuals to request a waiver for filing fees and other costs associated with state services. It requires detailed financial disclosure from the applicant, including income, expenses, assets, and liabilities, aimed at establishing the lack of sufficient funds to cover the costs of filing and other related fees. Applicants are asked to provide comprehensive information about their financial status, which includes personal earnings, household income, savings, and any investments, alongside monthly expenses and liabilities. Such thorough financial scrutiny ensures that only those truly in need of assistance benefit from the waiver. Importantly, the form also serves as a sworn affidavit, with applicants attesting to the accuracy and completeness of the information provided under penalty of perjury. This process enables individuals to pursue legal action or respond to legal matters without the financial burden of court costs, thus emphasizing the judiciary's commitment to equitable access to legal processes for all citizens.

Preview - Jdf 205 Form

Court qCounty Court Court Address:

qSupreme Court qCourt of Appeals qDenver Juvenile Court qDenver Probate qDistrict Court ____________________ County, Colorado

Plaintiff/Petitioner:________________________________________

v.

Defendant/Respondent: __________________________________

__________________________________________________________________

Attorney or Party Without Attorney: (Name & Address)

Phone Number:

Atty. Reg. #:

COURT USE ONLY

_______________________________

Case Number: Courtroom:

MOTION TO: qFILE WITHOUT PAYMENT OF FILING FEE q WAIVE OTHER COSTS OWED TO THE

STATE AND SUPPORTING FINANCIAL AFFIDAVIT

I, _____________________________________ respectfully move the Court for an order to waive the following filing fee(s):

qcomplaint qpetition qanswer qresponse qmotion to modify qother: __________________ and as grounds state that I am

without funds, have no adequate funds available, and have a meritorious claim.

All items must be fully completed. Print or type neatly. If an item does not apply, please write “N/A”

Last Name

Name of Applicant

First Name

MI

 

 

Street Address (Include Apt. # if applicable)

___________________________________________________________________________________________________________

_______________________________________________________________________ ________________

____________

City

 

State

Zip Code

qOwn qRent Home Phone #: _____________________

 

 

Social Security #

Driver's Lic. # & State

Date of Birth

 

 

 

 

 

Most Recent Employer: ____________________________________________________________________________

Work Address: ___________________________________________________________________________________

Work Phone #: ( ) _______________________________

Dates Employed: ___________________________________

Hours/Week: _______Pay Rate: $ _____________ qWeekly qBi-weekly qMonthly qAnnual qOther:_____________

Name of Other Responsible Party(Spouse, Partner, Parent, Other Persons in Household)

Last Name

First Name

MI

Street Address (Include Apt. # if applicable)

 

 

___________________________________________________________________________________________________________

_______________________________________________________________________ ___________________

____________

City

 

State

Zip Code

qOwn qRent

Home Phone #: ____________________

 

 

Social Security #

Driver's Lic. # & State

Date of Birth

 

 

 

 

 

Most Recent Employer: ____________________________________________________________________________

Work Address: ___________________________________________________________________________________

Work Phone #: ( ) _______________________________

Dates Employed: ___________________________________

Hours/Week: _________Pay Rate: $ ______________qWeekly qBi-weekly qMonthly qAnnual qOther:_____________

Page 1 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

 

Marital Status: qSingle qMarried qPartner in a Civil Union qDivorced/Civil Union Dissolved qSeparated

 

 

qWidowed

 

 

 

 

 

 

 

Number in Household: (including yourself) ________

 

 

 

 

 

 

Identify Members:

 

 

 

 

 

 

_______________________________________________

__________

______________________________

 

 

Name

 

Age

Relationship

 

 

 

_______________________________________________

__________

______________________________

 

 

Name

 

Age

Relationship

 

 

 

Gross Monthly Income (See Information on page 3)

Monthly Expenses (See Information on Page 3)

Self (wages, salary, commission)

$

Rent or Mortgage

 

$

 

 

Spouse/Partner, Other Household Members

$

Groceries

 

$

 

 

Parents (if same household)

$

Utilities

 

$

 

 

 

 

 

 

 

 

 

Unemployment Benefits

$

Clothing

 

$

 

 

 

 

 

 

 

 

Social Security/Retirement Funds

$

Maintenance/Alimony and/or Child Support

$

 

 

 

 

 

 

 

 

 

Maintenance/Alimony

$

Medical/Dental

 

$

 

 

Other Income (identify)

$

Other Expenses (identify)

$

 

 

 

 

 

 

 

 

Other Income (identify)

$

Other Expenses (identify)

$

 

 

 

 

 

 

 

 

 

 

Total Income

$

Total Expenses

 

$

 

 

 

 

 

 

 

Cash on Hand (Cash you are carrying

$

Credit Cards: (Show type and balance owed)

ch is stored at home, etc.)

Type:______________________ Balance $____________

 

 

 

Type:______________________ Balance $____________

 

 

 

 

 

 

Checking Account Balance

$

Name/Address of Bank:

 

 

 

Savings Account Balance

Name/Address of Bank:

 

 

 

Stocks, Bonds, or other Investments

$

_______________

________________________________

 

 

Balance

$

Type of Investment

Name/Location of Company/Corporation

 

 

 

________________

________________________________

 

 

 

 

 

 

 

 

 

Vehicles Owned (Autos, boats, recreational

$

Year _______Model ____________License Plate__________

s, etc.) - Estimate Value

Year _______Model ____________License Plate__________

House(s) or other Property

$

Amount owed $ ____________Year Purchased__________

 

Estimate Value

IF ADDITIONAL SPACE IS NEEDED TO PROVIDE COMPLETE INFORMATION, ATTACH A SEPARATE PAGE.

 

I swear under penalty of perjury that all information provided is true and complete. In addition, if requested I will provide three (3) months of bank statements and pay stubs or other comparable proof of income status. I authorize the Court to make any necessary contacts to verify the information.

Signature:______________________________________________ Date:________________

Page 2 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

MOTION TO FILE WITHOUT PAYMENT SUPPORTING FINANCIAL AFFIDAVIT, AND SUPPORTING DOCUMENTATION REQUESTED

General Information

It is important that you accurately complete all sections of this form as appropriate based on your personal circumstances. If a section does not apply, please write N/A.

A. Gross Monthly Income. Includes income from all members of the household who contribute monetarily to the common support of the household.

wIncome categories to include:

Wages, including tips, salaries, commissions, payments received as an independent contractor for labor or services, bonuses, dividends, severance pay, pensions, retirement benefits, royalties, interest/investment earnings, trust income, annuities, capital gains, unemployment benefits, Social Security Disability (SSD), Social Security Supplemental Income (SSI), Workman’s Compensation Benefits, and alimony.

Note: Income from roommates should not be considered if such income is not commingled in accounts or otherwise combined with the applicant’s income in a fashion which would allow the applicant proprietary rights to the roommate’s income.

wIncome categories do not include:

TANF payments, food stamps, subsidized housing assistance, veteran’s benefits earned from a disability, child support payments, or other public assistance programs.

B.Liquid Assets. Includes cash on hand or in accounts, stocks bonds, certificates of deposit, equity, and personal property or investments which could readily be converted into cash without jeopardizing the applicant’s ability to maintain home and employment.

Expenses. Nonessential items such as cable television, club memberships, entertainment, dining out, alcohol, cigarettes, etc., shall not be included. Allowable expense categories are listed on JDF 205.

If you are applying to have your filing fee waived you may be asked to

supply:

Copies of the previous three months bank statements, including checking and savings. DO NOT provide originals.

Copies of the previous three months pay stubs and/or proof of income must be included. DO NOT provide originals.

Page 3 of 3

JDF 205 R05/21 MOTION TO FILE WITHOUT PAYMENT OR FILING FEE AND SUPPORTING FINANCIAL AFFIDAVIT

Form Data

Fact Description
Form Title Motion to File Without Payment of Filing Fee and Supporting Financial Affidavit
Form Number JDF 205
Revision Date May 2021 (R05/21)
Purpose To request a waiver for court filing fees due to financial hardship
Applicable Courts County Court, Supreme Court, Court of Appeals, Denver Juvenile Court, Denver Probate, District Court in Colorado
Submission Requirement Must complete all items and if an item does not apply, write “N/A”
Governing Law(s) Colorado Court Rules and Regulations
Key Components Involves multiple sections including personal information, financial details, income, expenses, and attestations
Supporting Documentation Required May include three months of bank statements and pay stubs or other proof of income
Perjury Statement Applicants must swear the information provided is true under penalty of perjury

Instructions on Utilizing Jdf 205

Once you've decided to submit a JDF 205 form, you're taking a step towards addressing your financial barriers to accessing the court system. This form is instrumental for those who find themselves unable to afford the filing fees associated with court proceedings. Completing this form with accuracy and detail is crucial, as it allows the court to assess your financial situation thoroughly. The steps outlined below serve as a guide to ensure that every necessary detail is provided to support your request.

  1. Start by selecting the correct court type at the top of the form. This will include choosing from options such as County Court, District Court, Denver Juvenile Court, among others, and specifying the county.
  2. Enter your full legal name and the opposing party's name in the fields marked “Plaintiff/Petitioner” and “Defendant/Respondent” respectively.
  3. Fill in your contact information, including your name, address, phone number, and Attorney Registration Number if applicable, under the section labeled “Attorney or Party Without Attorney.”
  4. Proceed to the "MOTION TO" section, marking whether you're requesting to file without payment of filing fees or to waive other costs owed to the state. Specify the type of fees you're requesting to be waived, such as complaint, petition, answer, response, motion to modify, or other. Describe the “other” if necessary.
  5. Under "Name of Applicant," provide your complete legal name, address, including apartment number if applicable, and contact information.
  6. Indicate your living situation by marking whether you own or rent your home.
  7. Fill in your employment information, including the name of your most recent employer, work address, phone number, and details about your employment such as dates employed, hours per week, and pay rate. Specify how often you are paid.
  8. Enter information about any other responsible party living with you, following the same steps as above.
  9. Record your marital status, number of people in your household, and provide details about each household member including name, age, and relationship to you.
  10. List all sources of income and monthly expenses, following the guidelines provided on the form for what qualifies as income and allowable expenses.
  11. Detail your assets including cash on hand, bank account balances, credit card information, properties owned, vehicles, and any other investments. Be accurate in reporting the value and amount owed where applicable.
  12. In cases where more space is needed, attach a separate page providing the requisite information.
  13. Conclude by signing and dating the form, thereby swearing under penalty of perjury that all the information provided is accurate. Remember, the court may request additional documentation such as bank statements and pay stubs for the last three months to further verify your financial status.

After you have successfully filled out and submitted the JDF 205 form, the court will review the information provided. The outcome of this review will determine whether your request to waive filing fees is granted. This step is crucial in ensuring that financial constraints do not obstruct your access to justice and the legal system. Remember, transparency and thoroughness in completing the form play a significant role in the decision-making process.

Obtain Answers on Jdf 205

  1. What is the purpose of the JDF 205 form?

The JDF 205 form is designed to assist individuals who are unable to afford court filing fees or other costs related to a legal action in the state of Colorado. By completing this form, an individual respectfully requests the court to waive these fees, asserting that they are without the necessary funds and have a meritorious claim. The form requires detailed financial information to support the request.

  1. Who needs to fill out the JDF 205 form?

Any individual who wishes to initiate or respond to a legal action in Colorado courts and cannot afford the associated filing and state costs must fill out the JDF 205 form. Whether you are the plaintiff/petitioner or the defendant/respondent, if your financial situation does not allow you to cover court costs, this form is the means to request financial relief.

  1. What information is required on the JDF 205 form?

To complete the JDF 205 form, you'll need to provide extensive personal and financial information. This includes your name and address, employment details, income and expenses, marital status, number of dependents, assets such as cash, checking and savings accounts, investments, and property ownership. It's crucial to report the financial status of not just yourself but also other responsible parties in your household, such as a spouse or partner. The form also requires you to list any vehicles owned and their estimated value. Additionally, you must swear under penalty of perjury that the information provided is true and complete, potentially supplying bank statements and pay stubs as evidence.

  1. How does one submit the JDF 205 form, and what happens afterward?

After completing the JDF 205 form, it should be submitted to the clerk's office at the Colorado court where your case is, or will be, filed. The court will review your financial information to determine whether you qualify for a waiver of fees. It's important to provide accurate and comprehensive information, as the court may require additional documentation to verify your financial status. If approved, you'll be notified, enabling you to proceed with your legal matter without the burden of these costs. Remember, submitting false information on this form can lead to penalties for perjury.

Common mistakes

When filling out the JDF 205 form, which requests a waiver for court filing fees based on financial hardship, individuals often make several common mistakes. Understanding and avoiding these errors can streamline the legal process and increase the likelihood of a successful application.

  1. Not completing all required sections: The form mandates full completion of all fields. Leaving sections blank can lead to delays or denial of the waiver request. If a section is not applicable, entering “N/A” clarifies that the omission is intentional, rather than overlooked.

  2. Incorrect categorization of income or expenses: Accurately categorizing income and expenses, according to the guidelines provided, is crucial. Misunderstanding which types of income to include or exclude, such as incorrectly categorizing child support payments or TANF payments, can misrepresent an applicant’s financial situation.

  3. Failing to disclose all sources of income: Applicants sometimes omit or forget to include all sources of household income. This includes wages, social security benefits, and other contributions from household members. Accurate representation of total income ensures a fair assessment by the court.

  4. Overlooking liquid assets: Often, individuals do not consider or fully disclose their liquid assets. This includes cash on hand, bank account balances, and any investments easily converted to cash, which all factor into determining financial capability.

  5. Underestimating monthly expenses: An accurate breakdown of monthly expenses is paramount. Neglecting to include or underestimating costs such as rent, utilities, or essential personal expenses can lead to an inaccurate depiction of financial need.

  6. Not attaching required documentation: The need for recent pay stubs, bank statements, and other proofs of financial position, as mentioned in the form’s guidelines, is often overlooked. Failure to attach these documents can lead to processing delays or outright denial of the fee waiver request.

It’s important for applicants to review their JDF 205 submissions carefully. Diligence in avoiding these common mistakes can significantly affect the outcome of their request to waive court filing fees.

Documents used along the form

When filing a JDF 205 form, which is a Motion to File Without Payment of Filing Fee and Supporting Financial Affidavit, several other forms and documents might also be used to ensure comprehensive coverage of an individual's financial situation and the legal proceeding at hand. These documents provide a more detailed view of one’s financial health, background information, and specifics regarding the legal matter.

  • JDF 111: Petition for Dissolution of Marriage or Legal Separation - This form is often used in divorce or legal separation cases. It outlines the particulars of the marriage, including children, property, and debt distribution requests.
  • JDF 208: Notice and Order to File JDF 205 – Directed to individuals potentially eligible for waived fees, this notice informs them of the requirement to complete and file JDF 205 to assess their financial situation for fee waiver eligibility.
  • JDF 250: Notice to Set Hearing – Utilized to schedule court hearings, this form notifies all parties of the time and location of the hearing. Often, it’s necessary when a motion, such as the one to waive fees, needs a court hearing.
  • JDF 601: Sworn Financial Statement – In divorce or child support cases, this in-depth financial disclosure is essential. It provides a detailed account of income, expenses, assets, and debts to inform support and division decisions.
  • JDF 1101: Response to the Petition for Dissolution of Marriage or Legal Separation - If on the other side of a JDF 111 filing, this form is the formal response, agreeing or disputing the terms proposed in the initial petition.
  • Income Verification Documents: Pay stubs, tax returns, and official letters documenting benefits or income sources. These serve as proof of financial status and back up the information provided in the JDF 205 and related forms.

Each document plays a crucial role in the legal process, offering clarity, evidence, and direct communication between the parties and the court. Understanding the purpose and requirements of these forms ensures a smoother progression through legal procedures, particularly for those facing financial hardships that necessitate the waiver of court fees.

Similar forms

  • Application for Waiver of Court Fees and Costs: This document is similar to the JDF 205 form because it also aims to help individuals who cannot afford court fees to petition for their waiver. Both documents require detailed personal financial information, including income, expenses, and assets, to prove financial hardship.

  • In Forma Pauperis Application: Used by someone who cannot pay for court costs, this application parallels the JDF 205 form in its purpose and content. Applicants must present a comprehensive view of their financial status, reflecting the lack of adequate funds to cover filing fees and associated legal costs.

  • Financial Affidavit for Child Support: Although this document is typically used in family law cases to determine child support obligations, it shares similarities with the JDF 205 form through the detailed financial information it gathers, including income, expenses, and assets, to assess an individual's financial situation.

  • Request for Appointment of Public Defender: This request form is similar because it requires individuals to demonstrate their financial inability to hire private counsel, paralleling the financial affidavit component of the JDF 205 form that assesses an individual's financial capacity to afford court-related costs.

  • Bankruptcy Petition: While serving a different legal function, the initial paperwork filed in a bankruptcy case requires detailed financial disclosures akin to the JDF 205 form. Both demand comprehensive personal financial information to evaluate the petitioner's financial standing and eligibility for the requested relief.

Dos and Don'ts

When filling out the JDF 205 form, which is a motion to file without payment of filing fee and supporting financial affidavit, it's important to follow certain guidelines to ensure your application is accepted and processed without unnecessary delays. Here are some dos and don'ts:

  • Do ensure that you fill out every section of the form accurately. Inaccurate information could lead to your request being denied.
  • Do write "N/A" for any section that does not apply to you instead of leaving it blank. This shows that you did not overlook the section.
  • Do print or type your information neatly to ensure that everything is legible and can be understood by court officials.
  • Do include details on income from all household members who contribute financially. This provides a complete picture of your financial situation.
  • Do list all monthly expenses accurately in the specified sections, focusing on essential expenses as outlined on the form.
  • Do double-check your form before submission to make sure all information is complete and correct.
  • Do not include income sources that are not meant to be counted, such as TANF payments, food stamps, or other listed exclusions.
  • Do not guess figures. Use actual numbers from your financial statements to ensure accuracy.
  • Do not forget to sign and date the form. An unsigned form may be considered incomplete and could delay processing.

Following these guidelines can help streamline the review process and increase the likelihood of your request being granted. Remember, this form is a legal document, and providing false information can have serious repercussions. If you have any doubts or need clarification on how to fill out certain parts of the form, seeking legal advice or assistance from a legal aid organization might be beneficial.

Misconceptions

When individuals face the challenge of court proceedings, the financial burden of filing fees can be daunting. In Colorado, the JDF 205 form provides a pathway for those who cannot afford these costs to seek relief. However, misunderstandings about this form and its process are common. Here, we aim to clarify some of these misconceptions.

  • The form is only for the unemployed: A common misconception is that only unemployed individuals can file the JDF 205 form to waive court fees. In reality, the form is designed to assess financial hardship, regardless of employment status. It takes into account income, expenses, and the overall financial situation of the applicant.

  • All court fees are automatically waived: Submitting the JDF 205 form does not guarantee that all fees will be waived. The court evaluates the provided financial information and makes a judgment based on the applicant's financial need and the merits of the case.

  • Completing the form guarantees approval: Simply filling out the form does not ensure that the request to waive fees will be approved. The court closely scrutinizes the information and supporting documents. If the financial evidence suggests that the applicant can afford the fees, the request may be denied.

  • It's a one-time process: Some might think that once they've had fees waived with the JDF 205 form, future fees in the same case will automatically be waived. In practice, fees for different stages or types of filings in a case may require separate motions and approvals.

  • The form is too complicated to fill out without a lawyer: While legal advice can be very helpful, the JDF 205 form is designed to be accessible for individuals to complete on their own. Instructions are provided to guide applicants through the process.

  • Personal information is at risk: There's a concern that sensitive personal information provided in the form could be mishandled. However, the court system has protocols to protect the privacy and security of this information, using it solely for the purpose of evaluating the fee waiver request.

  • Only income is considered: Another incorrect assumption is that the decision is based solely on income. The form also asks for detailed information on expenses, assets, and other financial obligations, offering a comprehensive view of the applicant's financial status.

  • Success is assured if you have dependents: Some might think having dependents automatically qualifies them for a waiver. Though the number of dependents is a factor in assessing financial need, it is only one of many considerations taken into account.

Understanding the JDF 205 form and its process is essential for individuals seeking relief from court fees due to financial hardship. Misconceptions can lead to unfounded concerns and prevent eligible individuals from utilizing this resource. The goal is to ensure access to justice for all, regardless of financial status.

Key takeaways

When dealing with the JDF 205 form, understanding the process and requirements is vital for anyone looking to file without payment of filing fees or waive other costs. Here are seven key takeaways:

  1. The JDF 205 form is designed to help individuals file court documents without paying the filing fee, provided they meet certain financial criteria.
  2. Accuracy is crucial when completing the form. All sections applicable to your personal circumstances must be filled out thoroughly. If a section does not apply to your situation, you must write "N/A".
  3. Disclosure of financial information is a key component of the application. This includes listing all sources of income, such as wages, unemployment benefits, and any other income within the household that contributes to the common support.
  4. You must provide a detailed account of both assets and monthly expenses. This includes cash on hand, bank account balances, property owned, and debt alongside regular monthly living expenses.
  5. Nonessential expenses such as entertainment and club memberships should not be included in the monthly expenses section. Only necessary expenditures like rent, groceries, and medical bills are considered.
  6. Additional documentation may be required to support your application. This can include three months of recent bank statements and pay stubs or other proof of income.
  7. Signing the form requires an affirmation under penalty of perjury that all information provided is true and complete. It is essential to understand that this is a legal document and falsifying information can have serious consequences.

Remember, the goal of the JDF 205 form is to provide financial relief for those in need while ensuring access to the legal system. It's important to approach this process with honesty and integrity.

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