Legal Question in Civil Litigation in Texas

I filed an affidavit of inability to pay on 6/24/13. The clerk contested it on 8/13/13, scheduling a hearing for 8/22/13. I received notice of the hearing on 8/19/13.

I responded, filing proof of food stamps, medicaid, and medicare extra help. The clerk instructed me in writing that my fees were waived and advising me, in writing, not to attend the hearing. I never heard anything after that regarding my motion for indigence, and assumed it was resolved.

When the matter at hand was heard, and the judgement was in my favor, the clerk then demanded payment, stating that my petition for indigence had been denied.

What rights if any do I have here?


Asked on 9/22/13, 11:16 pm

1 Answer from Attorneys

The first step you should take is contacting the clerk's office and let them know you received notice in writing from the clerk's office that the fees were waived and you were told not to attend the hearing. See what you can work out to get the fees waived. It may be the case that one person in the clerk's office handled one part and another person handled a different part and nobody knows the entire history.

If you can't get the issue resolved yourself then you should contact your local legal aid office and ask them for assistance. They work with fee waivers more than anybody else and will be familiar with the local clerk's procedures.

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Answered on 9/29/13, 9:34 am


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