Government Claims Filing Fee and Fee Waiver
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A $25 filing fee is required for all claims submitted to the Government Claims Program. The fee was established by the Legislature in the Budget Act of 2004 to provide funds to the support the program. If a state agency pays an award for the claim, the agency will refund the filing fee to the claimant.
Claimants should send the filing fee in with the Government Claim Form . Checks should be made payable to the State of California.
Fee Waiver
Claimants who are unable to pay the $25 filing fee may apply to have the fee waived similar to the process used by the courts to waive filing fees. To request a fee waiver, you must fill out the
Affidavit for Waiver of Government Claims Filing Fee and Financial Information Form to report
income, asset and expense information.
Inmates in correctional facilities who wish to request a fee waiver must also use the form, attach a certified copy of their trust account balance, and
provide their Inmate Identification Number.
Requirements for Waiving the Filing Fee
The fee shall not apply to the following persons:
- Persons who are receiving benefits pursuant to the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Section 12200 to 12205, inclusive, of the Welfare and Institutions Code), the California Work Opportunity and Responsibility to Kids Act (CalWORKs) program (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9 of the Welfare and Institutions Code), the Food Stamp program (7 U.S.C. Sec. 2011 et seq.), or Section 17000 of the Welfare and Institutions Code.
- Persons whose monthly income is 125 percent or less of the current monthly poverty line.
- Persons who are sentenced to imprisonment in a state prison or confined in a county jail, or who are residents in a state institution and, within 90 days prior to the date the claim is filed, have a balance of one hundred dollars ($100) or less credited to the inmate's or resident's trust account. A certified copy of the statement of the account shall be submitted.
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