Texas law recognizes that access to the courts should not depend solely on a person’s ability to pay filing fees. Rule 145 of the Texas Rules of Civil Procedure provides the mechanism by which a party may proceed without prepaying court costs by filing a Statement of Inability to Pay Court Costs (formerly called an “affidavit of indigency” or “pauper’s affidavit”).
This post explains how Rule 145 works, when it applies, and how courts evaluate these statements in practice.
What Is Rule 145?
Rule 145allows a litigant to proceed without advance payment of court costs if they cannot afford them. When a compliant Statement of Inability to Pay Court Costs is filed:
● Filing fees are waived
● Service fees are waived
● Clerk and court costs are deferred, unless later contested and denied
The rule applies in civil cases, including:
● Justice Court cases
● Family law matters
● Probate proceedings
● Appeals
● Evictions
Statement vs. Affidavit (Why the Name Changed)
Texas no longer requires a sworn affidavit. Rule 145 now uses a “Statement of Inability to Pay Court Costs,”which may be:
● Sworn or
● Unsworn (but signed)
The change was intentional and aimed at:
● Reducing barriers to court access
● Simplifying filings for pro se litigants
● Speeding clerk intake
Courts focus on substance over form, but omissions still matter.
Who Qualifies Under Rule 145?
A person generally qualifies if any one of the following is true:
● They receive a means-tested government benefit (e.g., SSI, SNAP, Medicaid)
● They are represented by Legal Aid
● Their household income is at or below 125% of the federal poverty guidelines
● They lack the financial ability to pay costs without substantial hardship
The statement requires disclosure of:
● Income
● Assets
● Monthly expenses
● Dependents
● Cash on hand
False or misleading statements can carry consequences.
What Happens After Filing?
Immediate Effect
Once the statement is filed:
● The clerk must accept the filing
● The case proceeds without payment of costs
The court does not need to approve it upfront.
Contesting the Statement
An opposing party or the clerk may file a contest if they believe the statement is inaccurate or improper.
If contested:
● The court must hold a hearing
● The burden is on the contestant
● The judge may uphold, modify, or deny the waiver
Until ruled otherwise, costs remain waived.
Common Reasons Statements Are Challenged
Statements are most often contested when:
● The filer owns real property
● Income is understated
● Assets are omitted
● The statement is boilerplate or inconsistent
● The filer appears to have discretionary spending inconsistent with indigency
Courts look at credibility and total financial picture, not just income numbers.
Effect on Appeals
Rule 145 plays a critical role in appeals, especially from JP courts.
A properly filed Statement of Inability to Pay:
● Preserves the right to appeal without bond
● Prevents dismissal for nonpayment
● Shifts the burden to the opposing party to challenge
Missed deadlines or defective statements can result in loss of appellate rights, making Rule 145 compliance crucial.
Practical Tips
● File the statement with the initial pleading whenever possible
● Be complete — omissions raise red flags
● Update the court if financial circumstances change
● Expect scrutiny in contested or high-conflict cases
Judges are accustomed to Rule 145 filings, but they also see abuse. Precision matters.
Common Confusion: Rule 145 vs. Chapter 13
Despite the numbering, Rule 145 has nothing to do with sanctions.
● Rule 145 → inability to pay court costs (access to courts)
● Chapter 13, Texas Civil Practice & Remedies Code→ sanctions for frivolous or bad-faith pleadings
They address entirely different problems and are governed by different standards.
Final Thoughts
Rule 145 is a powerful procedural safeguard, but it must be used correctly. A properly prepared Statement of Inability to Pay Court Costs can keep a case alive, preserve appellate rights, and ensure access to justice. A sloppy or misleading one can derail a case entirely.
If you are considering filing under Rule 145—or contesting a statement filed by another party—consulting with a Texas attorney familiar with indigency practice can make a significant difference.
At David C. Barsalou, Attorney at Law, PLLC, we help clients navigate business, family, tax, estate planning, and real estate matters ranging from document drafting to litigation with clarity and confidence. If you’d like guidance on your situation, schedule a consultation today. Call us at (713) 397-4678, email barsalou.law@gmail.com, or reach us through our Contact Page. We’re here to help you take the next step.