How to Waive
FINES & FEES
Fines and fees are another way our “justice” system criminalizes poverty. These debts cause real hardships on thousands of Tennesseans every year. Judges can reduce or waive nearly all fines and fees if they find you cannot afford to pay them, but you have to ask!
Following the steps below will help you determine if a judge is likely to consider your request, and guide you through the process.
The Nashville Criminal Court Clerk’s office can also help you identify any cases where you owe money and help you fill out and file the required forms. Don’t be afraid to ask for their help!
STEP 1:
Before you get started, you can get an idea whether the judge is likely to consider you eligible to have your fines and fees waived. That depends mostly upon your income. The chart to the right shows the current federal poverty guidelines. If your income falls around the amounts shown for your family size, you are a good candidate to apply for relief. If your income is higher, you may still qualify for relief, especially if you have other debts or special expenses.
STEP 2:
Next, use Criminal Court Clerk’s website to look up your cases and see which ones have balances owed. You can also go to the Criminal Court Clerk’s Office in person for help with this step.
Look for all of your case numbers, and if the case number begins with a 4 digit number (i.e, 2006-A-123), you will also need to get the Court Division where your case was assigned (Divisions I through VI).
STEP 3:
Once you know which cases you owe money on, the next step is filing a motion in the court that heard your case asking to have your fines and fees waived.
For all cases that start with the letters GS, SC, or SCE, you can file a single application and affidavit of indigency in General Sessions court.
For any case that starts with a 4-digit number (2006-A-123), you will need to file a separate motion in the Criminal Court Divisions where your cases were heard. Each of the Criminal Court judges’ forms can be found here:
Judge Steve Dozier Division I, Courtroom 6A
Judge Angelita Blackshear Dalton Division II, Courtroom 6B
Judge Cheryl Blackburn Division III, Courtroom 6C
Judge Jennifer Smith Division IV, Courtroom 6D
Judge Khadija Babb Division V, Courtroom 6E
Judge Cynthia Chappell Division VI, Courtroom 6F
STEP 4:
Once you’ve filled out the forms, you’ll need to take them in person to the Criminal Court Clerk’s Office located on the 2nd floor of the A.A. Birch Building in downtown Nashville.
One of their clerks will review your forms and determine if they are ready to be filed or if you need to correct or change anything.
Once the Clerk determines your forms are complete, they will file them and give you the information you need to finish the process – including whether you will need to attend a court hearing.
408 2nd Avenue North
Suite 2120 (Second Floor)
Nashville, TN 37201
STEP 5:
Attending Court:
If you have to appear in court, try to be on time or even go a little early (traffic, parking, bus schedules, and security lines can make the trip longer than you expect).
Also, bring your patience. There are likely to be other people on the docket with you, and it may take a while for the judge to get to your case.
Be prepared to answer questions about your income and expenses, including whether you are working, and if not, why not.
If your motion is granted, request a copy of any paperwork you may need to show anyone that the costs have been waived.