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Court Case Legal Financial Obligations Washington

A Step-by-Step Guide for Getting Rid of Court Fees

Seven-step guide for getting rid of court fees for people who cannot pay the fees, fines, or costs the court orders you to pay due.

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Rommy Kassim

No More Court Ordered Debt?  You bet!

What justice is there in forcing you into a debt you will never payoff?  If you find yourself in a position where you cannot pay the fees, fines, or costs that a court ordered you to pay due to a criminal conviction, this seven-step guide might be just what you need. 

Before you go through the following steps, it is helpful to know what a few keywords mean:

  • File – to give the county clerk/court clerk a legal document.
  • Hearing – a short event where you go to court and stand in front of a judge to discuss your problem.  
  • Legal Financial Obligations (LFOs) – the fees, fines, court costs, interest, or any other money that a court orders you to pay as a result of your trial.
  • Order – a decision made by a court.
  • Petition – a formal document that asks a court to do something. 

Step 1: Know what you owe.

The FIRST step toward getting rid of court fees, also known as Legal Financial Obligations (LFOs), is identifying the fees you currently owe.

Start by writing down the case number for every case in Washington where you were convicted of a crime.  

If you do not know your case numbers, the easiest way to get them is to go to the Washington State Patrol website and get a WATCH report.  This report will have your case numbers on it.  

Washington State Watch Report
To get a WATCH Report, you must have a Credit Card. The report costs $11, but you will get it immediately.

Once you know your case numbers, talk to the clerk for the court that handled your case. You can find the contact information for each court here.

 

Ask the court clerk for a copy of the “Judgment & Sentence” (JS) document and an LFO Accounting Summary, also called a “financial case history report.”  

  • The Judgment & Sentence document tells you how much you were originally sentenced to pay.  
  • The LFO Accounting Summary should tell you how much you have already paid, how much interest and fees have been added, and how much you still owe. 

Depending on the county, you may be able to complete this step over the phone or online.  The safest option, however, is to go in person to talk to the clerk. 

Ask the court clerk if a hearing is required for you to remove your court fees/LFOs.  If a hearing is required, ask the clerk how to schedule a hearing.  Specifically, ask how to schedule “a hearing for a Petition to Remit LFOs.”

Every county has its rules, so do not be afraid to ask questions about the entire process and take plenty of notes!

Here are a couple of questions you can ask:

  1. How many days before the hearing must you file and serve your paperwork?
  2. Do you need to fill out a Notice of Hearing form?

If a hearing is required, see if you can schedule a hearing for several weeks away so that you have plenty of time to fill out paperwork, give copies to the prosecutor, and file your paperwork with the court. 

Step 2: Are you eligible?

Now that you know how much you owe, the SECOND step is to determine whether you are “indigent.”

You are “indigent” if you are:
  • Receiving one of these:
    • Temporary assistance for needy families (TANF)
    • Aged, blind, or disabled assistance benefits (ABD)
    • Medical care services under RCW 74.09.035
    • Pregnant women assistance benefits (PWA)
    • Poverty-related veterans’ benefits
    • Food stamps or food stamp benefits are transferred electronically 
    • Refugee resettlement benefits
    • Medicaid
    • Supplemental security income
  • In a public mental health facility against your will or
  • Receiving an annual income, after taxes, of 125% or less of the current federal poverty level;

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  • Receiving an annual income, after taxes, of more than 125% of the federally established poverty level but you have regular basic living expenses that make you unable to pay your LFOs; or
  • Homeless; or
  • Facing other compelling circumstances that show you cannot pay your fees. 

If you can prove to the court that you are “indigent,” then you may be eligible for one or more of the following types of help with your LFOs:

  • The court may reduce the amount of money you owe.
  • The court may eliminate some of your fees, fines, or costs.  If the court does this, you never have to pay these amounts.
  • The court may give you more time to pay back the money you owe.
  • The court may allow you to repay the money you owe through community service hours.
  • The court may get rid of any interest you owe.  If the court does this, you never have to pay any interest.
  • The court may adjust your payment plan to make it easier for you to pay your LFOs. 

If you can prove you are “indigent,” move to step three.

Step 3: Fill out the right forms. 

Now that you know you are “indigent” and can get help with your LFOs, the THIRD step is to fill out the right forms.

Here are the forms you must fill out:

If, during step 1, the court clerk told you that a hearing was required, you will also need to fill out this form:

If you need help filling out these forms, Washington Law Help provides detailed instructions on how to do it. 

Once you fill out the forms, make sure to make multiple copies of each form.  You will want to save one copy for yourself. 

Step 4: File the completed forms. 

Now that you have filled out the correct forms, the FOURTH step is to file the original filled-out forms (not copies) with the court clerk.

Depending on the county, you may be able to file electronically online or through the mail, but the sure-fire option is to file in person.

For example, King County offers electronic filing.

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If you file the forms in person, ensure the clerk stamps your copy with the “Filed” stamp.

Also, ask the court clerk what you must do to file “working” or “bench” copies for the judge.  Every court has rules about how and when to file these copies.  Not every court requires you to file “bench” copies, so the clerk may tell you not to worry. 

There is no fee for filing your petition!

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Step 5: Send copies to the prosecutor. 

Now that you have filed the right documents with the court, the FIFTH step is to send copies of these filled-out forms to the prosecutor’s office.  This process is called “service.”

You can do this in person or by mail.  If you choose to deliver the copies in person, the person delivering the copies must be aged 18 or older.

You can find the contact information for the prosecutor’s office on the county website.

Step 6: Look for a response.

Now that you have given copies to the prosecutor’s office, the SIXTH step is to keep an eye on your mail for a response from the prosecutor.

Step 7 (if needed): Go to the hearing.

If the court does not require a hearing, the judge will review your documents and decide no sooner than three business days from the day you filed your forms with the court clerk.

If the court does require a hearing, you must attend the hearing. 

Most likely, the hearing will be done in person.  You can request in your petition that the hearing be done over the phone or by video conference, but the judge ultimately decides how to do the hearing, and most judges prefer in-person hearings.

If the hearing is in person:

  • Arrive at the courthouse early so you can go through security and find the right courtroom.
  • When you find the right courtroom, wait until the judge calls your case or your name.
  • Answer any questions the judge asks you. 

If the judge agrees with you, the judge will decide which type of help to give you with your LFOs and sign the proposed order you filed with the court clerk.

If the judge signs your order, take it to the court clerk after the hearing.  File the signed order with the court clerk and ask the clerk for something called a “conformed” copy.  A “conformed” copy is a copy of the signed order officially stamped with the date and time. 

Easy Expunctions is passionate about helping you clear your record and setting yourself up for future success in employment, housing, and education. Easy Expunctions offers accessible, fully online expunction services at an affordable cost. Reclaim your fair chance by visiting EasyExpunctions.com or calling (866) 775-9983 and speak to a friendly expert about your eligibility today.