Individual Guide on fines and fees

Here you can find a step-by-step guide on the process for requesting a waiver of your fines and fees. A printable Individual Guide can be downloaded here or from the Document Hub, which contains blank forms you might need along with instructions for the forms.

How to Request a Cost Hearing in Oklahoma*

1

Work with a social worker or community organization to fully complete the form. The affidavit should be complete BEFORE you contact the court clerk. In some jurisdictions, a well filled out Ability to Pay Affidavit may allow the judge to reduce or waive your fines without a hearing.

  • Every court should accept the standard forms, but some municipalities may have their own form that you may also have to fill out.

Collect supporting evidence

2

Collect supporting evidence for the affidavit, especially if you receive public benefits.

Common supporting evidence:

  • Disability (benefits verification letter from SSA, VA, Tribal Authority, or any other agency)

  • Food stamps (SNAP)/WIC/TANF (printout from DHS)

  • Housing Assistance (document from Housing Authority)

Additional supporting evidence - some judges may want to see proof of insufficient income, like paystubs, tax records, or social security earnings history

*This does not apply to restitution.

Contact the court clerk
for a Cost Hearing

3

Contact the court clerk for a Cost Hearing once the affidavit is complete and you have collected supporting evidence.

  • Some court clerks require in-person scheduling of a Cost Hearing, while others will allow scheduling over phone.

  • Some court clerks will allow you to file the affidavit at the time of scheduling your Cost Hearing, while others will instruct you to hold on to your affidavit until your Cost Hearing.

Fill out the
“Request for a Cost Hearing” form

4

You may need to fill out the “Request for Cost Hearing Form” to document your request to the court clerk. Some courts will require this.

  • In the “Request for Cost Hearing Form” there is a space to show financial hardship, such as “I am homeless” or “I lost my job.”

Cost Hearings are Required

5

Remember, court clerks are required by law to schedule a Cost Hearing for you upon request. 22 O.S. § 983 (C).(4).

Set a Cost Hearing date

6

A Cost Hearing date will be set by the court clerk. Hearings may be set several months in advance. You will likely need to appear in person for your scheduled hearing. Some counties allow for virtual hearings.

WHAT TO EXPECT AT A COST HEARING

HEARING PREP

  • Bring a blank copy of the “Proposed Order” with you to your Cost Hearing along with your completed “Ability to Pay Affidavit.” Do NOT fill out the Proposed Order - this is for the judge to fill out if they choose to use this form.

  • The purpose of the hearing is to establish how much you can afford to pay based on what is provided in the affidavit and what is discussed in the hearing.

  • Payments may be determined on a monthly basis or in total.

HEARING FORMAT

  • The format and length of Cost Hearings varies from courtroom to courtroom. The hearing is usually a conversation between you and the judge that can range anywhere from 5 minutes to 30 minutes.

  • Some judges will close the courtroom for each hearing so that it is only the individual, their lawyer if they have one, and the judge in the courtroom. This means that you may not be able to observe and listen to other hearings before your own.

  • The court is not required to give you an attorney for the Cost Hearing unless the court is considering sending you to jail for nonpayment. If that is the case, you have the right to an attorney and can ask for one during your hearing.

  • The law, 22 O.S. § 983(B)(5), directs the judge to presume you cannot pay your fines and fees if you receive any of the public benefits at the top of the affidavit OR if your income is under 150% of the Federal Poverty Level.

Some judges may not believe you qualify for these presumptions. See the additional factors judges should consider when making a determination on your ability to pay.

If a judge finds that you cannot afford to pay:

  • The judge may waive all fines and fees owed to the court.

  • The judge may reduce your fines and fees based on their determination of your ability to pay.

For example, they may reduce the total amount of fines owed from $1,000 to $100.

If a judge finds that you can make payments, they can:

Set you up on a payment plan.

  • Assign community service and give you credit of at least $14.50/hour towards your fines and fees.

  • Give you a financial incentive for doing certain things such as credit towards fines for attending AA meetings.

Once the judge has made a determination on your
ability to pay:

  • Some judges will set a review date in the future to assess your repayment status while other judges will let you make payments without setting a review date.

  • If your financial situation changes so you can no longer make payments and there is not a future review hearing scheduled, you can request a new Cost Hearing by starting the process over again.

  • At the end of the hearing, if the judge does not use the proposed order, ask for a copy of any order that the judge issues at the hearing.

Other Factors Considered for Ability to Pay

NOTE:
You should include information about these factors in the “Ability to Pay Affidavit” that is submitted to the court.

The following are some of the factors, among many, that a judge should consider regarding your ability to pay during a Cost Hearing under state law 22 O.S. § 983(B)(3).

  • How many children or dependents you have

  • Household living expenses

  • Any assets you may have Child support obligations

  • Physical or mental health conditions that make it challenging to keep a job or manage your resources

  • If you owe costs in another jurisdiction and the amount of the costs owed

Important Reminders

  • Each city and county has their own set of practices that may differ from the processes described in this packet. Additionally, keep in mind that judges have broad flexibility in how they apply these practices in their courtrooms.

  • If you are recently released from prison, you are required to report within 180 days after your release. The easiest way to report is by calling the court clerk for each county where you owe fines and fees. You are not required to make payments to the court and you cannot set a Cost Hearing for the first 180 days after you have been released. 22 O.S. § 983b.

  • If you receive a notice to appear for a hearing within the first 180 days after your release, it is important that you

  1. Attend your hearing and

  2. Ask the court to delay payments until that hearing date.

Other Options to Waive Fees

If you’ve been incarcerated with the Dept. of Corrections

  • You may still be eligible for a fee waiver under 22 O.S. § 983a even if you do not meet any of the ability to pay presumptions above.

  • Even if you do meet the ability to pay presumptions above, you can also seek relief under 22 O.S. § 983a.

Court Authority to Waive Fines, Costs, and Fees

Under state law 22 O.S. § 983a the court has the authority but is not required to waive all outstanding fines, court costs, and fees in
a criminal case for any person who meets each of the following criteria:

  • Served time in prison after being convicted of a crime.

    • You have to have served time in prison. Only being sentenced to probation does not make you eligible for a waiver.

  • Been released from custody in prison with the Department of Corrections.

  • Complied with ALL probation or supervision requirements since release.

    • If you have breached any terms of your probation or supervision, you are not eligible for a waiver of fines and fees.

  • Made on-time monthly installment payments on outstanding fines and fees OR towards your payment plan in each county where you owe them for the last 24 months (two years).

Notes on 22 O.S. § 983a

  • This statute does not apply to money a person owes for court-ordered restitution to a victim or for court-ordered child support.

  • As long as you are paying on a payment plan and your payment plan is consolidated with your prison case, the court may waive your fines and fees.

  • If you are serving time on paper, you may still be eligible for a waiver of fines and fees under 22 O.S. § 983a.

  • You can only ask for relief in each individual county that has sent you to prison.

  • Contact the court clerk or Cost Administration for information on the fines and fees you may owe.

  • If the court has questions about your records, you may want to bring documentation from the Dept. of Corrections with you to your Cost Hearing.