How Do You Waive or Defer Court Fees in Oregon?

The Oregon rule in one table

| Authority | ORS 21.682 to 21.698, with standards and forms under Chief Justice Order 18-024, effective June 1, 2018 | | Forms | Application for Deferral or Waiver of Fees and Declaration in Support, plus Order Regarding Deferral or Waiver of Fees. No form number. End-of-case form: Application for Review of Waived or Deferred Fees and Declaration in Support | | Who decides | A judge, who may delegate to the court administrator. An applicant may seek review of a court administrator's decision by a judge. If the clerk denies the application, the applicant has the right to ask a judge to review it | | Waive | Household income from all sources, including food stamps, at or below 133 percent of the federal poverty guidelines | | Defer | Household income from all sources, including food stamps, between 133 and 185 percent of the federal poverty guidelines | | Deny | Household income from all sources, including food stamps, at or above 185 percent of the federal poverty guidelines | | Exception | After considering the entire financial situation, a court may order no relief or an alternative form of relief instead, only if the individual circumstances show the income level is not fairly representative of the ability to pay | | Fee types | Filing fees, filing fees plus the sheriff's service fee, motion fee, arbitration fee, trial fee, and other. No fee is charged for the application or its filing | | Deferred fees | A judgment is entered for deferred fees on behalf of the State of Oregon, and may include additional costs and fees. A court may not delay or refuse an order or judgment because deferred fees are unpaid |

What makes Oregon different

Oregon is the only state in this family with a statutory deferral lane built into the same application: waive at or below 133 percent, defer between 133 and 185 percent, deny at or above 185 percent, with an escape clause letting the court depart from the bands only where the income level misrepresents the ability to pay. The court also weighs legal-aid representation and means-tested-benefit receipt, and it may not treat available credit on a credit card as an asset or source of income.

The second difference is what a deferral becomes: a judgment for the State, with administration and collection costs added, and a payment plan. The waiver or deferral can be revisited at the end of the case, based on the applicant's status then and the result of the case. The four outcomes on the order are waive, defer on a payment plan, postpone ruling, or deny and order payment. No fixed pay deadline after an initial denial was stated in the order text read, and none is asserted here; the end-of-case form gives 30 days to pay a remaining balance after judgment on that application.

The process, step by step

1. Obtain the application from the court administrator. No fee is charged for the application or its filing.
2. Complete the application and declaration under penalty of perjury: household size, income, assets, expenses, benefits and legal-aid status, and extenuating circumstances. Complete the proposed Order, leaving the findings section blank.
3. Submit for review. If the clerk denies the application, ask a judge to review it.
4. The court waives, defers on a payment plan, postpones ruling, or denies and orders payment. Deferred or waived fees may be re-examined at the close of the case.

Related guides

The same process in the other states in this family: California, Texas, Florida, New York, Washington, Oregon, Colorado. Compare all seven at Court Fee Waivers by State.

Source

The bands, the exception clause, the delegation and review rules, the four outcomes, the deferred-fee judgment, and the end-of-case review on this page come from Chief Justice Order 18-024, effective June 1, 2018, and ORS 21.682 and 21.685, on the Oregon Judicial Department and Oregon Legislature sites. Facts verified 2026-10-27.

This page explains how the process works and what the official rules say. It is general information, not legal advice. For a dispute about your specific situation, talk to a lawyer or your government agency.