Affidavit of inability to pay

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  1. (a) Any court of the State of Arkansas may authorize the commencement, prosecution, or defense of any suit, action, or proceeding, without payment of fees and costs, by an incarcerated person who makes an affidavit that he or she is unable to pay such costs or give security therefor.

  2. (b)

    1. (1)

      1. (A) This affidavit shall contain complete information as to the incarcerated person's:

        1. (i) Identity;

        2. (ii) Nature and amount of income;

        3. (iii) Spouse's income, if available to the incarcerated person;

        4. (iv) Property owned;

        5. (v) Cash or checking accounts;

        6. (vi) Dependents;

        7. (vii) Debts; and

        8. (viii) Monthly expenses.

      2. (B) The incarcerated person, if applicable, shall also state the amount of money deposited in his or her inmate account for the past six (6) months.

    2. (2) The affidavit shall contain the following statements: “I, , am unable to pay the filing fees and court costs described herein. I verify that the statements made in this affidavit are true and correct.”

  3. (c) The Attorney General or other counsel for the defendant shall be authorized to receive information from the prison or jail verifying the financial information given by the incarcerated person.


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