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North Carolina Capital Case Fee Application Order for Payment Judgment against Indigent or Parent Guardian

State:
North Carolina
Control #:
NC-CR-425
Format:
PDF
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Description

Capital Case Fee Application Order for Payment or Judgment Against Indigent or Parent/Guardian: This is an official form from the North Carolina Administration of the Courts (AOC), which complies with all applicable laws and statutes. USLF amends and updates the forms as is required by North Carolina statutes and law.


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FAQ

Indigent. 1) n. a person so poor and needy that he/she cannot provide the necessities of life (food, clothing, decent shelter) for himself/herself. 2) n. one without sufficient income to afford a lawyer for defense in a criminal case.

In determining indigency, the judge shall recognize ability to pay as a variable depending on the nature, extent and liquidity of assets, the disposable net income of the defendant, the nature of the offense, the effort and skill required to gather pertinent information and the length and complexity of the proceedings.

57.081, based upon an inability to pay must apply to the clerk of the court for a determination of civil indigent status using an application form developed by the Florida Clerks of Court Operations Corporation with final approval by the Supreme Court.

An applicant, including an applicant who is a minor or an adult tax-dependent person, is indigent if the applicant's income is equal to or below 200 percent of the prescribed for the size of the household of the applicant by the United States Department of Health and Human Services.

You must fill out a form called an Affidavit of Indigency. This form tells the court you cannot afford the fees related to your case. If the clerk or a judge approves the form, you will not have to pay. You can get an Affidavit of Indigency and the Supplement to the Affidavit of Indigency at any court house or online.

Indigent means to be a poor or needy person. Our laws look at how much money a person has, how much debt they have and how many assets they have to determine whether or not they can afford to hire their own representation or if they need a court-appointed attorney to represent them.

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North Carolina Capital Case Fee Application Order for Payment Judgment against Indigent or Parent Guardian