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The Michigan MC 20 form is a crucial document for individuals seeking to waive court filing fees due to financial hardship. This form is specifically designed for those who may struggle to afford the costs associated with legal proceedings. It allows applicants to request a waiver based on various criteria, including eligibility for public assistance programs like SNAP or Medicaid, representation by legal aid organizations, or a demonstrated inability to pay due to low household income. The form requires detailed information about the applicant's financial situation, including income sources, household size, and any relevant assets or obligations. Once completed, the MC 20 must be filed with the court clerk, and the applicant is responsible for serving the request and any subsequent decision to the opposing party. Understanding the requirements and process of the MC 20 form is essential for anyone navigating the Michigan court system who may need financial relief to pursue their legal rights.

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Original - Court

3rd copy - Friend of the court

1st copy - Applicant

(when applicable)

2nd copy - Other party

JIS CODE: OSF

STATE OF MICHIGAN JUDICIAL DISTRICT JUDICIAL CIRCUIT COUNTY PROBATE

FEE WAIVER REQUEST

CASE NO.

Court address

Plaintiff’s/Petitioner’s name

Plaintiff’s/Petitioner’s attorney, and bar no.

v

Court telephone no.

Defendant’s/Respondent’s name

Defendant’s/Respondent’s attorney and bar no.

Probate In the matter of

Instructions: Complete the form and file it with the clerk. After you receive a decision on your request, you must serve your request and the decision on the other party.

I request a waiver of my filing fees for the following reason: (Check 1, 2, or 3)

1. I receive the following type(s) of public assistance because of indigence:

Food Assistance Program through the State of Michigan (also known as FAP or SNAP)

Medicaid (including Healthy Michigan, CHIP, and ESO)

Family Independence Program through the State of Michigan (also known as FIP or TANF)

Women, Infants, and Children benefits (WIC)

Supplemental Security Income through the federal government (SSI) Other means-tested public assistance:

My public assistance case number(s) (if any) is

 

.

 

Write “none” if no case number. Do not write your SSN.

2. I am represented by a legal services program or I receive assistance from a law school clinic because of indigence. The name of the legal services program or law school clinic is

 

 

 

 

 

 

 

 

 

.

3. I am unable to pay the fees and I did not check item 1 or 2.

 

 

My gross household income is $

 

every

 

.

 

The number of people in my household is

 

 

. Week/Two weeks/Month/Year

 

 

My source of income is

 

 

 

 

 

.

List assets and their worth, such as bank accounts. If you need more space, attach a separate sheet.

List obligations and how much you pay, such as rent or other debts. If you need more space, attach a separate sheet.

I declare under the penalties of perjury that this request has been examined by me and that its contents are true to the best of my information, knowledge, and belief.

Date

 

Signature

FOR CLERK USE ONLY: Payment of filing fees is waived.

 

Date

 

Signature of court clerk

MC 20 (2/19) FEE WAIVER REQUEST

MCR 2.002

Fee Waiver Request (2/19)Case No.

ORDER

IT IS ORDERED:

1. Payment of filing fees is waived because:

a. Your gross household income is under 125% of the federal poverty guidelines.

b. Your gross household income is above 125% of the federal poverty guidelines, but payment of the fees would constitute a financial hardship for you.

c. Other:

If you become able to pay the fees before this case is resolved, you must notify the court.

2. The fee waiver request is denied because:

a. Your gross household income is above 125% of the federal poverty guidelines and payment of the fees would not constitute a financial hardship for you.

b. Other:

Date

 

Judge

Bar no.

Form Specifications

Fact Name Fact Description
Form Purpose The Michigan MC 20 form is used to request a waiver of filing fees in probate cases.
Governing Law This form is governed by Michigan Court Rule (MCR) 2.002.
Copies Required Applicants must submit multiple copies: original for the court, one for the Friend of the Court, one for themselves, and one for the other party.
Eligibility Criteria Applicants can qualify for a fee waiver based on public assistance, legal representation, or inability to pay.
Public Assistance Types Types of public assistance include Food Assistance, Medicaid, and Supplemental Security Income (SSI).
Income Reporting Applicants must report their gross household income and the number of people in their household.
Signature Requirement The form must be signed by the applicant, affirming the truthfulness of the information provided.
Clerk's Use The court clerk will review the request and indicate whether the fee waiver is granted or denied.
Decision Notification After a decision is made, the applicant must serve the decision to the other party involved in the case.

Michigan Mc 20: Usage Guidelines

After completing the Michigan MC 20 form, it will be submitted to the court clerk. Once the clerk processes your request, you will receive a decision regarding your fee waiver. It is essential to serve both your request and the court's decision to the other party involved in the case.

  1. Obtain the Michigan MC 20 form from the appropriate court or online.
  2. Fill in the court's name, address, and telephone number at the top of the form.
  3. Enter the case number and the names of the plaintiff/petitioner and defendant/respondent.
  4. Provide the names and bar numbers of the attorneys for both parties, if applicable.
  5. Check the box for the type of public assistance you receive or indicate if you are represented by a legal services program.
  6. If applicable, write your public assistance case number. If you do not have one, write “none.”
  7. If you are not receiving public assistance, enter your gross household income and the frequency of that income (weekly, bi-weekly, monthly, or yearly).
  8. State the number of people in your household.
  9. List your source of income and any assets along with their worth. If necessary, attach a separate sheet for additional details.
  10. List your obligations and the amounts you pay, such as rent or debts. Attach a separate sheet if more space is needed.
  11. Sign and date the form, confirming that the information provided is accurate to the best of your knowledge.
  12. Make copies of the completed form for your records and the other party.
  13. File the original form with the court clerk and keep the copies for your records.

Your Questions, Answered

What is the Michigan MC 20 form?

The Michigan MC 20 form is a Fee Waiver Request used in probate cases. It allows individuals to request a waiver of filing fees due to financial hardship. This form is essential for those who cannot afford the costs associated with filing a case in court.

Who can use the MC 20 form?

Anyone facing financial difficulties can use the MC 20 form. If you receive public assistance, are represented by a legal services program, or have a low income that makes it hard to pay fees, you qualify to fill out this form.

How do I complete the MC 20 form?

To complete the MC 20 form, provide your personal information, including your name and case number. Indicate your reason for requesting a fee waiver by checking the appropriate box. Be sure to include any necessary details, such as public assistance case numbers or income sources. Finally, sign and date the form before submitting it to the court clerk.

Where do I file the MC 20 form?

File the completed MC 20 form with the clerk at the court handling your case. Ensure that you keep copies for your records. After filing, you will need to serve the request and the decision on the other party involved in your case.

What happens after I file the MC 20 form?

Once you file the MC 20 form, the court will review your request. You will receive a decision regarding your fee waiver. If your request is approved, you will not have to pay the filing fees. If denied, the court will provide a reason for the denial.

How long does it take to get a decision on the MC 20 form?

The time it takes to receive a decision can vary. Generally, it may take a few days to a couple of weeks, depending on the court's workload. It’s important to check in with the court if you haven’t heard back within a reasonable timeframe.

What should I do if my fee waiver request is denied?

If your fee waiver request is denied, you can still proceed with your case but will need to pay the filing fees. If you believe your financial situation has changed, you may reapply for a fee waiver at a later date. Additionally, consider seeking advice from a legal professional to explore your options.

Can I appeal the decision on my fee waiver request?

Yes, you can appeal the decision if your fee waiver request is denied. The process for appealing may vary, so it’s best to consult with the court or a legal expert for guidance on how to proceed with an appeal.

Common mistakes

  1. Not checking the correct box: Many people fail to select the appropriate reason for requesting a fee waiver. It's important to choose one of the three options provided on the form.

  2. Missing public assistance case numbers: If you receive public assistance, you must include your case number. Leaving this blank can lead to delays or denial of your request.

  3. Not providing income details: Some applicants do not accurately report their gross household income. Make sure to include this information clearly and correctly.

  4. Omitting household size: Failing to indicate the number of people in your household can affect the court's decision on your fee waiver request.

  5. Ignoring the signature requirement: Forgetting to sign the form is a common mistake. Your signature is essential to validate your request.

  6. Not attaching additional sheets when necessary: If you need more space to list assets or obligations, you should attach a separate sheet. Not doing so can result in an incomplete application.

  7. Failing to serve the decision: After receiving a decision on your request, you must serve it to the other party. Neglecting this step can lead to further complications.

  8. Providing incorrect or outdated information: Ensure that all information is current and accurate. This includes addresses, names, and any other relevant details.

  9. Not following filing instructions: Carefully read the instructions for filing the form. Skipping steps or misinterpreting them can lead to rejection of your request.

Documents used along the form

The Michigan MC 20 form is a crucial document used to request a waiver of filing fees in probate cases. When submitting this form, it is often necessary to include additional documents to support the request or to fulfill procedural requirements. Below are several forms and documents commonly used alongside the MC 20 form.

  • Affidavit of Indigence: This document serves as a sworn statement detailing the individual's financial situation. It typically includes information about income, expenses, and any public assistance received, further substantiating the need for a fee waiver.
  • Proof of Income: This may include pay stubs, tax returns, or other documentation demonstrating the applicant's financial status. Providing this evidence helps the court assess whether the individual qualifies for a fee waiver based on income levels.
  • Notice of Hearing: If a hearing is scheduled regarding the fee waiver request, this document informs all parties involved about the date, time, and location of the hearing. It ensures that all relevant parties are aware and can prepare accordingly.
  • Order Granting or Denying Fee Waiver: This is the court's official decision regarding the fee waiver request. It will outline whether the request has been granted or denied and the reasons for the decision, providing clarity for all parties involved.
  • Service of Process Documents: These documents confirm that the fee waiver request and any related orders have been properly served to the other party. This step is essential to ensure that all parties are informed and can respond appropriately.

Including these forms and documents can help streamline the process and ensure that the court has all the necessary information to make an informed decision regarding the fee waiver request. Properly preparing and submitting these documents is essential for a successful outcome.

Similar forms

The Michigan MC 20 form is a Fee Waiver Request used in probate cases. Several other documents serve similar purposes or are related in function. Here are nine documents that share similarities with the MC 20 form:

  • MC 21 - Application for Waiver of Fees: This form is also used to request a waiver of filing fees in Michigan courts, focusing on financial hardship.
  • MC 22 - Order on Application for Waiver of Fees: This document is issued by the court to grant or deny the fee waiver request, similar to the MC 20's purpose.
  • MC 23 - Affidavit of Indigency: This affidavit provides a detailed account of an individual's financial situation, supporting the need for a fee waiver.
  • MC 24 - Notice of Hearing on Fee Waiver Request: This notice informs parties about the hearing related to the fee waiver application, ensuring all are aware of the proceedings.
  • MC 25 - Request for Court-Appointed Attorney: This request form is used when an individual seeks legal representation at no cost due to financial constraints.
  • MC 26 - Application for Public Defender: Similar to the MC 20, this application is specifically for those seeking a public defender based on their financial status.
  • MC 27 - Petition for Appointment of Guardian: While primarily about guardianship, it may include requests for fee waivers related to court costs.
  • MC 28 - Motion to Waive Fees for Appeals: This motion is used in appellate cases to request a waiver of fees, aligning with the financial need addressed in the MC 20.
  • MC 29 - Financial Disclosure Statement: This statement requires individuals to disclose their financial information, which can support a fee waiver request.

Each of these documents addresses the financial needs of individuals involved in legal proceedings, helping to ensure access to justice regardless of income level.

Dos and Don'ts

When filling out the Michigan MC 20 form, it is essential to approach the process with care and attention to detail. Here are four important do's and don'ts to consider:

  • Do provide accurate information. Ensure that all details, including your name, income, and household size, are correct. Any discrepancies may delay your request.
  • Do check the appropriate boxes. Clearly indicate the reason for your fee waiver request by checking the relevant options. This helps the court understand your situation better.
  • Do attach supporting documents. If you have additional information or need more space to explain your financial situation, include separate sheets as necessary. This can strengthen your case.
  • Do serve the decision. After receiving a decision on your fee waiver request, ensure that you serve this decision to the other party involved in your case.
  • Don't leave sections blank. Filling out every required part of the form is crucial. Incomplete forms can lead to automatic denials.
  • Don't disclose your Social Security Number. The form specifically instructs you not to include this information, so be sure to follow this guideline.
  • Don't forget to sign and date the form. Your signature is a declaration of the truthfulness of the information provided, and failing to sign may invalidate your request.
  • Don't submit without reviewing. Before filing, carefully review the entire form to ensure accuracy and completeness. Errors can result in delays or denials.

Misconceptions

Below are six misconceptions regarding the Michigan MC 20 form, which is used for requesting a fee waiver in probate cases.

  • The MC 20 form can only be used by individuals receiving public assistance. This is incorrect. While individuals receiving public assistance can use the form, it is also available to those who can demonstrate financial hardship without public assistance.
  • All applicants must provide their Social Security Number on the form. This is not true. Applicants are instructed not to write their Social Security Number on the form. Instead, they should provide their public assistance case number if applicable.
  • Filing the MC 20 form guarantees that fees will be waived. This misconception is misleading. The waiver is not guaranteed; it depends on the court's evaluation of the applicant's financial situation.
  • Only low-income individuals can apply for a fee waiver. This is a common misunderstanding. Individuals who experience a financial hardship, even if their income is above the poverty guidelines, may also qualify for a waiver.
  • The MC 20 form must be filed in person at the courthouse. This is not necessarily the case. Many courts allow the form to be filed electronically or by mail, depending on their specific procedures.
  • Once a fee waiver is granted, it remains in effect for all future filings. This is incorrect. The waiver applies only to the specific case for which it was granted. If an applicant becomes able to pay fees in the future, they must notify the court.

Key takeaways

The Michigan MC 20 form is essential for individuals seeking a fee waiver in probate cases. Here are some key takeaways to keep in mind when filling out and using this form:

  • Purpose of the Form: The MC 20 form is designed to request a waiver of filing fees for individuals who cannot afford them due to financial hardship.
  • Filing Copies: When submitting the form, make sure to provide the original for the court, a copy for the Friend of the Court, and copies for yourself and the other party involved.
  • Eligibility Criteria: You can qualify for a fee waiver if you receive public assistance, are represented by a legal aid program, or have a household income below a certain threshold.
  • Public Assistance: If you receive assistance like Food Assistance or Medicaid, check the appropriate box on the form and provide your case number, if applicable.
  • Income Declaration: If you do not qualify under public assistance, you must disclose your gross household income and the number of people living in your household.
  • Asset and Obligation Disclosure: Be prepared to list your assets and obligations. This includes bank accounts, rent, and other debts. If you need more space, attach a separate sheet.
  • Signature Requirement: You must sign the form, declaring that the information provided is true to the best of your knowledge. This is a legal affirmation.
  • Clerk's Review: After filing, the court clerk will review your request and either approve or deny the fee waiver. They will provide a signature and date on the form.
  • Notification of Changes: If your financial situation improves and you can pay the fees before your case is resolved, you are required to inform the court.

By understanding these key points, you can navigate the process of completing and submitting the Michigan MC 20 form more effectively. This can help ensure that financial constraints do not hinder your access to the legal system.