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The California FW-010 form, officially titled "Notice to Court of Improved Financial Situation or Settlement," serves as a crucial document for individuals who have previously been granted a fee waiver by the court. This form allows individuals to notify the court of any changes in their financial circumstances that may affect their ability to pay court fees. It requires the individual to provide personal information, including their name, address, and contact details, as well as details about their legal representation, if applicable. The form also mandates that individuals disclose the date of their last fee waiver order and includes sections for the case number and name. Importantly, the form stipulates that if a person's financial situation improves significantly, they must inform the court within five days. This notification can lead to the court either revoking the fee waiver or reviewing updated financial information to determine continued eligibility. Additionally, if a civil case settles for $10,000 or more, the court may impose a lien on the settlement amount to recover any waived fees, ensuring that the court's financial interests are protected. Overall, the FW-010 form is an essential tool for maintaining transparency in the court's fee waiver process and ensuring that individuals remain accountable for their financial obligations as their circumstances change.

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FW-010

Notice to Court of Improved

Financial Situation or Settlement

 

 

1Your Information (person with a fee waiver): Name:

Street or mailing address:

City:State: Zip:

Phone number:

2Your lawyer, if you have one (name, address, phone number, e-mail, and State Bar number:

CONFIDENTIAL

Clerk stamps date here when form is filed.

Fill out court name and street address:

3Date of your last court fee waiver order in this case: (date)

Superior Court of California, County of

Fill out case number and case name:

Case Number:

Case Name:

Notice: The court may order you to answer questions about your finances and later order you to pay back the waived fees. If this happens and you do not pay, the court can make you pay the fees and also charge you collection fees. If there is a change in your financial circumstances during this case that increases your ability to pay fees and costs, you must notify the trial court within five days. (Use form FW-010.) If you win your case, the trial court may order the other side to pay the fees. If you settle your civil case for $10,000 or more, the trial court will have a lien on the settlement in the amount of the waived fees. The trial court may not dismiss the case until the lien is paid.

4

My financial situation has changed since the date of the last court fee waiver order in a way that improves my

 

ability to pay fees. I ask the court to do one of the following:

 

 

 

a.

 

End my fee waiver because my financial situation has improved and I am able to pay my court fees and

 

 

 

 

costs that are due after (date):

 

 

.

 

 

b.

 

Review my updated financial information in the attached Request to Waive Court Fees. I believe I am still

 

 

 

 

 

 

 

eligible for a fee waiver. (Complete form FW-001 and attach to this form.)

5

My case has settled for (check one)

less than $10,000

$10,000 or more (if so, complete a and b below.)

 

a. I (check one)

 

have

have not received the proceeds of the settlement.

 

 

 

 

b. The name and address of the party who has agreed to pay the settlement:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

I declare under penalty of perjury under the laws of the State of California that the information above is true and correct.

Date:

Print your name here

Sign here

Judicial Council of California, www.courtinfo.ca.gov New July 1, 2009, Mandatory Form Government Code, § 68636(a)

Notice to Court of Improved

Financial Situation or Settlement

FW-010, Page 1 of 1

Form Specifications

Fact Name Description
Form Purpose The FW-010 form is used to notify the court of a change in financial circumstances that may affect a fee waiver.
Governing Law This form is governed by the Government Code, § 68636(a) in the State of California.
Submission Deadline Individuals must notify the court of any financial changes within five days of the change.
Settlement Impact If a civil case settles for $10,000 or more, the court may place a lien on the settlement amount for any waived fees.
Fee Waiver Review Users can request a review of their financial situation to maintain their fee waiver by submitting an updated request.
Perjury Declaration Signers of the form declare under penalty of perjury that the information provided is true and correct.
Confidential Information Details about the individual’s lawyer and other personal information are kept confidential when submitting the form.

California Fw 010: Usage Guidelines

Filling out the California FW-010 form is a straightforward process. This form is used to notify the court about changes in your financial situation or to report a settlement. Follow the steps below to complete the form accurately.

  1. Begin with your information. Write your full name, street or mailing address, city, state, zip code, and phone number in the designated fields.
  2. If you have a lawyer, fill in their details. Include the lawyer's name, address, phone number, email, and State Bar number.
  3. Locate the section for the court's information. Fill in the name of the Superior Court of California and its street address.
  4. Enter the date of your last court fee waiver order. Make sure to write the exact date.
  5. Provide your case number and case name. This information is essential for identifying your case.
  6. Indicate whether your financial situation has changed. Check the appropriate box to request either the end of your fee waiver or a review of your updated financial information.
  7. If your case has settled, check the box that applies to the settlement amount. Specify if it is less than $10,000 or $10,000 or more.
  8. If the settlement is for $10,000 or more, indicate whether you have received the proceeds. Fill in the name and address of the party responsible for paying the settlement.
  9. Sign and date the form. Print your name clearly above your signature.

After completing the form, review it for accuracy. Make sure all required sections are filled out. Once you are satisfied, submit the form to the court. Be aware that the court may require you to provide further information regarding your finances.

Your Questions, Answered

What is the California FW-010 form used for?

The California FW-010 form, also known as the Notice to Court of Improved Financial Situation or Settlement, is used by individuals who have previously been granted a fee waiver and whose financial circumstances have changed. This form allows them to notify the court if they can now pay their court fees or if they have settled their case for a specific amount.

Who should fill out the FW-010 form?

This form should be filled out by individuals who have received a fee waiver in a court case and have experienced a change in their financial situation that improves their ability to pay court fees. It is also relevant for those who have settled their case for $10,000 or more.

What information do I need to provide on the FW-010 form?

When completing the FW-010 form, you will need to provide your personal information, including your name, address, and phone number. If you have a lawyer, you should include their details as well. Additionally, you will need to indicate the date of your last court fee waiver order, your case number, and case name. If applicable, you should also provide information about your settlement.

What happens if my financial situation improves?

If your financial situation improves, you can request the court to end your fee waiver, meaning you will be responsible for paying your court fees. Alternatively, if you believe you still qualify for a fee waiver despite the changes, you can ask the court to review your updated financial information by attaching the Request to Waive Court Fees form (FW-001).

What should I do if I settle my case for $10,000 or more?

If your case settles for $10,000 or more, you must complete the relevant sections on the FW-010 form. This includes indicating whether you have received the proceeds of the settlement and providing the name and address of the party who will pay the settlement. Be aware that the court may place a lien on the settlement amount for any waived fees, meaning the case cannot be dismissed until those fees are paid.

What are the consequences of not notifying the court about my improved financial situation?

If you fail to notify the court about your improved financial situation, the court may require you to answer questions regarding your finances. If you do not pay the waived fees when ordered, the court can enforce collection, which may include additional fees. It is crucial to inform the court within five days of any changes that affect your ability to pay.

Common mistakes

  1. Incomplete Personal Information: Many individuals forget to fill out all sections of their personal information. This includes not only your name but also your full address, phone number, and any other requested details. Omitting this information can lead to delays in processing your form.

  2. Incorrect Case Information: It’s essential to accurately provide your case number and case name. Errors in this section can cause confusion and may result in your form being rejected. Double-check these details against your court documents before submission.

  3. Failure to Report Changes: If your financial situation has changed since your last fee waiver, you must report this. Some people neglect to update the court on improvements in their financial circumstances, which can lead to complications later on.

  4. Not Following Instructions: Each section of the FW-010 form has specific instructions. Skipping steps or not attaching required documents, such as the Request to Waive Court Fees (FW-001), can result in your application being incomplete. Always read the instructions carefully to ensure compliance.

Documents used along the form

The California FW-010 form, known as the Notice to Court of Improved Financial Situation or Settlement, serves as an important document for individuals seeking to update the court on changes in their financial circumstances. Alongside this form, several other documents often play a crucial role in the legal process. Below is a list of these commonly used forms and documents.

  • FW-001 Request to Waive Court Fees: This form is used to request a fee waiver based on an individual's financial situation. It provides detailed information about income, expenses, and any dependents.
  • FW-003 Order on Court Fee Waiver: This document is issued by the court to approve or deny a request for a fee waiver. It outlines the court's decision and any conditions attached to the waiver.
  • FW-002 Income and Expense Declaration: This form provides a comprehensive account of an individual's income and expenses. It helps the court assess financial need and eligibility for fee waivers.
  • FW-008 Notice of Change in Financial Situation: This form notifies the court of any changes in financial circumstances that may affect a previously granted fee waiver.
  • FW-009 Request for Hearing: If a fee waiver request is denied, this form allows individuals to request a hearing to contest the court's decision.
  • Judicial Council Form FL-150: This is a financial declaration form often used in family law cases. It provides a snapshot of an individual's financial situation, similar to the income and expense declaration.
  • Proof of Service: This document confirms that all parties involved in a case have been notified about the proceedings. It is essential for ensuring that everyone is aware of changes, including fee waivers.
  • Settlement Agreement: If a case settles, this document outlines the terms of the settlement. It may include details about any financial obligations, including court fees that may need to be addressed.

Understanding these forms and their purposes can significantly aid individuals navigating the legal system in California. Each document serves a specific function and contributes to the overall process of managing court fees and financial obligations effectively.

Similar forms

The California FW-010 form, known as the Notice to Court of Improved Financial Situation or Settlement, serves a specific purpose in the legal process. However, it shares similarities with several other legal documents. Below is a list of eight documents that are comparable to the FW-010 form, along with explanations of how they are similar.

  • FW-001: Request to Waive Court Fees - This form is used to request a fee waiver based on financial hardship. Like the FW-010, it addresses the financial situation of the individual and is essential in determining eligibility for court fee waivers.
  • FW-003: Order on Court Fee Waiver - This document is the court's response to a fee waiver request. It outlines whether the waiver has been granted or denied, similar to how the FW-010 notifies the court of changes in financial circumstances.
  • FW-002: Order on Court Fee Waiver (for Minors) - This form is specifically for minors seeking a fee waiver. It operates under the same principles as the FW-010, addressing the financial capabilities of the applicant.
  • FL-150: Income and Expense Declaration - This form provides a detailed account of an individual's financial situation. It is similar to the FW-010 in that it requires the applicant to disclose financial information to the court.
  • FL-155: Financial Statement (Simplified) - This simplified version of the income and expense declaration allows individuals to present their financial status to the court. Like the FW-010, it is used to assess financial eligibility for various legal processes.
  • MC-350: Request to Waive Court Fees (Civil) - This form is specifically for civil cases and serves a similar purpose to the FW-010 by allowing individuals to request a waiver based on their financial situation.
  • FL-160: Spousal or Partner Support Declaration - This document requires the disclosure of income and expenses in the context of spousal support. It parallels the FW-010 in its focus on financial circumstances.
  • SC-100: Plaintiff's Claim and ORDER to Go to Small Claims Court - While this document initiates a small claims case, it also requires information about the claimant's financial situation, similar to the FW-010's focus on financial disclosures related to fee waivers.

Each of these documents plays a crucial role in the legal process, ensuring that individuals' financial situations are accurately represented and considered by the court. Understanding their similarities can help navigate the complexities of legal proceedings more effectively.

Dos and Don'ts

When filling out the California FW-010 form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are nine things to keep in mind:

  • Do provide accurate personal information, including your name, address, and phone number.
  • Don't leave any sections blank; fill out all required fields completely.
  • Do include your lawyer's information if you have legal representation.
  • Don't forget to indicate the date of your last court fee waiver order.
  • Do notify the court of any changes in your financial situation within five days.
  • Don't ignore the possibility of being ordered to repay waived fees if your financial situation improves.
  • Do check the appropriate box regarding your settlement amount and provide details if applicable.
  • Don't submit the form without signing and dating it; your signature is necessary for validity.
  • Do attach any additional forms, like FW-001, if you believe you still qualify for a fee waiver.

By adhering to these guidelines, you can ensure that your FW-010 form is completed correctly and submitted without issues.

Misconceptions

Understanding the California FW-010 form is crucial for anyone navigating the court system, especially those seeking fee waivers. However, several misconceptions often arise. Here are five common misunderstandings:

  • The FW-010 form is only for people who want to cancel their fee waiver. This is not true. While one option is to end the fee waiver due to improved financial circumstances, the form can also be used to request a review of financial information if you still believe you qualify for a fee waiver.
  • You must file the FW-010 form immediately after your financial situation changes. Although it is important to notify the court of any changes, you have five days to submit the FW-010 form after your financial situation improves. This allows you some time to gather necessary information.
  • If I settle my case for less than $10,000, I don’t need to worry about the waived fees. This is misleading. If you settle for less than $10,000, you may not face a lien, but it is still essential to understand your obligations regarding any waived fees and how they may affect future proceedings.
  • The court will automatically dismiss my case if I submit the FW-010 form. This is incorrect. Submitting the FW-010 form does not guarantee dismissal of your case. The court will review your situation and make a determination based on the information provided.
  • Once I submit the FW-010 form, I will not have to answer any questions about my finances. This is not the case. The court may still require you to answer questions regarding your financial situation, especially if they suspect any discrepancies or if your ability to pay fees has changed.

Being informed about these misconceptions can help you navigate the process more effectively and ensure that you meet all necessary requirements.

Key takeaways

Here are key takeaways regarding the California FW-010 form:

  • The FW-010 form is used to notify the court of a change in financial circumstances.
  • It is important to fill out your personal information accurately, including your name and address.
  • If you have a lawyer, include their contact information on the form.
  • Specify the date of your last fee waiver order in the case.
  • Provide your case number and case name to ensure proper identification.
  • Notify the court within five days if your financial situation improves.
  • There is a possibility that the court may require repayment of waived fees.
  • If your case settles for $10,000 or more, the court may place a lien on the settlement.
  • Indicate whether you have received the proceeds of a settlement.
  • Sign and date the form to certify that the information provided is true and correct.