Q: I filed a forma pauperis in an eviction proceeding the same day and what was supposed to have happen?
When I filed the pauperis I was told by the clerk that I had to pay more than I was paying for rent. I was geting rent assistance from family endeavors and va. This happened after I notified the city of Dallas of black mold contamination.
A:
If no one objects, you should be able to file papers with the court without paying upfront the required filing fee.
If someone timely objects, the court will set a hearing at which you will have the burden of proving your indigent and inability to pay court costs.
Typically, in eviction proceedings, the landlord is the plaintiff and pays the court costs upfront initially. Since counterclaims are not allowed, the tenant is unlikely to incur any court costs upfront.
This does not, however, affect your ultimate responsibility for all court costs if you lose the eviction proceeding.
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