"Ask the Judge" Sunday La Prensa Column, June 5th
Ask the Judge: The Paupers Affidavit
By Judge Steve Walker
It is not unusual for many defendants or plaintiffs to claim they are indigent when they appear in court. Normally the claim is related to the inability to pay a fine or filing fee to sue someone or response to a successful law suit filed against them in which they opt to appeal that decision to the county court.
The first step to file as an indigent is to request a Pauper’s Affidavit from the clerk. The person must fill out the paperwork and swear under oath that the information given is the “truth and the whole truth.”
Penalties for knowingly misrepresenting the information can lead to perjury charges or contempt of court which could lead to up to 72 hours of incarceration.
The Pauper’s Affidavit is approved by the Judge based on a number of factors to possibly include: sources of income, lack of income, debt owed, & even disabilities. Once approved, the appeal continues on to county court.
If the Pauper’s Affidavit is submitted to show inability to pay a fine, community service can be substituted for the fine. The number of community service hours is based on $6.25 for every hour of community service.
If the fine is say $62.50, the number of community service hours would be 10. In other words, divide the fine amount by 6.25 which will give you the number of community service hours.
Most defendants file a Pauper’s Affidavit on an eviction or Small Claims, which he/she wishes to appeal. If the plaintiff wishes to question the paperwork, they must retain legal counsel to represent them in the challenge of the affidavit and request a hearing on its validity. The plaintiff on their own cannot challenge whether or not the defendant is indigent.
Sometimes the original approval by the judge can be overturned by the same Judge in the hearing if he/she feels the plaintiff has successfully met the burden of proof that the defendant is not indigent.
Once the affidavit is proved to be in order, the appeal process continues on. The Pauper’s Affidavit for the indigent person helps level the playing field and offers them a chance to present their case without undue hardship.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
By Judge Steve Walker
It is not unusual for many defendants or plaintiffs to claim they are indigent when they appear in court. Normally the claim is related to the inability to pay a fine or filing fee to sue someone or response to a successful law suit filed against them in which they opt to appeal that decision to the county court.
The first step to file as an indigent is to request a Pauper’s Affidavit from the clerk. The person must fill out the paperwork and swear under oath that the information given is the “truth and the whole truth.”
Penalties for knowingly misrepresenting the information can lead to perjury charges or contempt of court which could lead to up to 72 hours of incarceration.
The Pauper’s Affidavit is approved by the Judge based on a number of factors to possibly include: sources of income, lack of income, debt owed, & even disabilities. Once approved, the appeal continues on to county court.
If the Pauper’s Affidavit is submitted to show inability to pay a fine, community service can be substituted for the fine. The number of community service hours is based on $6.25 for every hour of community service.
If the fine is say $62.50, the number of community service hours would be 10. In other words, divide the fine amount by 6.25 which will give you the number of community service hours.
Most defendants file a Pauper’s Affidavit on an eviction or Small Claims, which he/she wishes to appeal. If the plaintiff wishes to question the paperwork, they must retain legal counsel to represent them in the challenge of the affidavit and request a hearing on its validity. The plaintiff on their own cannot challenge whether or not the defendant is indigent.
Sometimes the original approval by the judge can be overturned by the same Judge in the hearing if he/she feels the plaintiff has successfully met the burden of proof that the defendant is not indigent.
Once the affidavit is proved to be in order, the appeal process continues on. The Pauper’s Affidavit for the indigent person helps level the playing field and offers them a chance to present their case without undue hardship.
Lastly as always, if you are due in court, be sure to show up to court on time. It is in everyone’s best interest.
Justice of the Peace, Pct. 2 Steve Walker is a Vietnam Veteran and a former Journalist.
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