Affidavit Of Inability To Pay Template for England and Wales
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What is a Affidavit Of Inability To Pay?
An affidavit of inability to pay is a sworn declaration confirming a person's genuine financial incapacity to meet a debt or judgment. Used in county court enforcement proceedings, bankruptcy petitions, and maintenance applications in England and Wales, it requires full and honest disclosure of income, assets, and liabilities. Courts rely on it to decide whether to suspend enforcement or grant time-to-pay arrangements.
Frequently Asked Questions
What is an affidavit of inability to pay?
It's a sworn written statement in which a person declares they are unable to meet a financial obligation, whether a court judgment, tax debt, or contractual liability. Courts, creditors, and enforcement agents use it to assess whether enforcement should be modified or suspended based on genuine financial incapacity.
When is this document used in England and Wales?
It's commonly used when applying for a time-to-pay order after a county court judgment, when opposing bankruptcy proceedings, when seeking a reduction in maintenance payments on grounds of changed circumstances, or when applying to set aside an enforcement action due to genuine inability to satisfy the debt.
What financial information must it include?
You must set out your income from all sources, regular expenditure, assets (including property, vehicles, and savings), and all outstanding debts. The statement should be comprehensive and honest. Courts expect full disclosure, and deliberately omitting income or assets can result in contempt of court.
What supporting documents should I attach?
Bank statements for at least three months, recent payslips or benefit award letters, mortgage or tenancy agreements, utility bills, and any correspondence from other creditors should be exhibited. The more documentary support provided, the more credible the sworn statement is to the court or creditor.
How does a court respond to this affidavit?
A court may suspend enforcement, grant a time-to-pay arrangement, reduce or suspend a maintenance order, or decline to make a bankruptcy order if satisfied the debtor genuinely cannot pay. Courts weigh creditor interests against the debtor's demonstrable financial reality, and supporting documents strengthen the application considerably.
Can it be used to delay enforcement by bailiffs?
Yes. If you file evidence of inability to pay as part of a court application, the court may stay enforcement while the application is considered. The affidavit alone doesn't automatically stop enforcement action; a formal application must be made in the appropriate proceedings to obtain a stay or suspension order.
What are the consequences of making false statements?
A false affidavit of inability to pay is both perjury under the Perjury Act 1911 and potentially contempt of court. Courts take fraudulent financial statements very seriously and may impose custodial sentences, strike out applications, or reverse any relief granted on the strength of dishonest evidence.
How does GenieAI help with preparing this affidavit?
GenieAI's template walks you through income, expenditure, assets, and liabilities in a structured format that meets court requirements. The finished draft can be taken to a solicitor or commissioner for oaths for swearing, and then filed with the relevant court as part of your application for relief.
About the Affidavit Of Inability To Pay
An Affidavit Of Inability To Pay is a sworn legal document that enables you to request a waiver of court fees and costs when you cannot afford them. This affidavit serves as your formal declaration to the court that paying required fees would create financial hardship, allowing you to proceed with legal matters while maintaining access to justice regardless of your economic circumstances.
When do you need this document?
You need this affidavit when filing any court case where fees are required but you lack sufficient financial resources to pay them. Common situations include divorce proceedings, civil lawsuits, appeals, bankruptcy filings, and criminal case appeals. The document is particularly valuable when you're facing eviction, seeking protective orders, or pursuing child custody matters where court fees could prevent you from accessing necessary legal remedies. You may also need this affidavit when requesting court-appointed counsel in civil matters or when seeking to waive transcript fees for appeals.
Key legal considerations
Your affidavit must contain truthful and complete financial information, as providing false statements constitutes perjury under federal and state law. Include all income sources, assets, monthly expenses, and any public assistance you receive. The court will scrutinize your financial disclosure to determine eligibility, and you must update the information if your circumstances change significantly during the proceeding. Remember that fee waiver approval doesn't guarantee case success, and you may still be responsible for other party's attorney fees if you lose and the court orders such payment. Additionally, if your financial situation improves during the case, the court may require you to pay previously waived fees.
Legal requirements in United States
Under 28 U.S.C. § 1915, federal courts must allow in forma pauperis proceedings for individuals who demonstrate inability to pay fees. Your affidavit must be sworn under penalty of perjury and typically requires notarization. Federal courts use specific income thresholds, generally considering you eligible if your income is below 125% of the federal poverty guidelines, though courts maintain discretion based on your complete financial picture. State courts follow similar principles under their respective civil procedure rules, with many adopting the federal poverty guideline standards. Local court rules may specify additional requirements, such as particular forms, supporting documentation, or periodic financial updates. Some jurisdictions require you to attempt payment plans before seeking complete fee waivers, while others may approve partial waivers based on your circumstances.
GOVERNING LAW
Applicable law
This Affidavit Of Inability To Pay is drafted to comply with England and Wales law. Key legislation includes:
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