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  1. #1
    Join Date
    Nov 2010
    Posts
    20

    Default Do I Have to Be a Resident to Request Indigency to File Motions

    My question involves court procedures for the state of: North Carolina

    Hello, Im attempting to register a out of state parenting plan in North Carolina but the after sending in all the required forms and a notorized motion to file as indigent. The responce form the court clerks office is that

    A: I have to send them a non refundable $150+ to file the motion to file motions as an indigent, this is the only way to get it before the judge.
    B: I can not request to be indigent to waive future filing fees in any case because I am not a resident of North Carolina, in order to be indigent I MUST be a North Carolina resident

    REALLY? I have filed in many courts in several states and have never had a problem like this, EVER!! Does this sound right? sounds like monetary value is obstructing justice doesnt it? None of the clerks can give me any court rules or statutes that say ANYTHING about resident or non resident filing as indigent, They simply refuse to file any of my paperwork untill I send them money and now that I attempted to file a motion of indigency without paying the fee I have to pay that also, so in order to register the out of state parenting plan under the UCCJEA I have to pay $300+ !!!!

    Furthermore since I am a out of state resident I have to appear by phone, that requires filing a motion to appear and thats is $150 each time. So a motion to enforce would be $300-400 upfront, $150-200 filing fee, $150-200 appear by phone and thats not including any of the other MANY fees NC has before i can get to a hearing!!
    I simply cant afford this as I am unemployed!!
    Does this sound right in North Carolina or am I just dealing with a "special" court?
    is ther any statutes or court rules I can use to argue this?
    Thanks for any help on this

  2. #2
    Join Date
    Sep 2005
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    73,151

    Default Re: Do I Have to Be a Resident to Request Indigency to File Motions

    Quote Quoting NCGS § 1‑110. Suit as an indigent; counsel; suits filed pro se by prison inmates.
    (a) Subject to the provisions of subsection (b) of this section with respect to prison inmates, any superior or district court judge or clerk of the superior court may authorize a person to sue as an indigent in their respective courts when the person makes affidavit that he or she is unable to advance the required court costs. The clerk of superior court shall authorize a person to sue as an indigent if the person makes the required affidavit and meets one or more of the following criteria:

    (1) Receives electronic food and nutrition benefits.

    (2) Receives Work First Family Assistance.

    (3) Receives Supplemental Security Income (SSI).

    (4) Is represented by a legal services organization that has as its primary purpose the furnishing of legal services to indigent persons.

    (5) Is represented by private counsel working on the behalf of or under the auspices of a legal services organization under subdivision (4) of this section.

    (6) Repealed by Session Laws 2002‑126, s. 29A.6(d), effective October 1, 2002.
    A superior or district court judge or clerk of superior court may authorize a person who does not meet one or more of these criteria to sue as an indigent if the person is unable to advance the required court costs. The court to which the summons is returnable may dismiss the case and charge the court costs to the person suing as an indigent if the allegations contained in the affidavit are determined to be untrue or if the court is satisfied that the action is frivolous or malicious.

    (b) Whenever a motion to proceed as an indigent is filed pro se by an inmate in the custody of the Division of Adult Correction of the Department of Public Safety, the motion to proceed as an indigent and the proposed complaint shall be presented to any superior court judge of the judicial district. This judge shall determine whether the complaint is frivolous. In the discretion of the court, a frivolous case may be dismissed by order. The clerk of superior court shall serve a copy of the order of dismissal upon the prison inmate. If the judge determines that the inmate may proceed as an indigent, service of process upon the defendant shall issue without further order of the court.
    I'm not seeing a residency requirement.

  3. #3
    Join Date
    Nov 2010
    Posts
    20

    Default Re: Do I Have to Be a Resident to Request Indigency to File Motions

    Thank you Mr KIA, time to find out what statute or rule the clerk/court is going by to refuse me to apply indigent.
    Thank you, In2Fords

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