If you are in prison and you find it necessary to sue someone, there is usually a court filing fee associated with filing a lawsuit. However, if you are in prison, you don’t have a lot of money, or no money, where are you going to come up with $200.00 to $400.00 filing fee to file your lawsuit.
“The Prison Litigation Reform Act (PLRA) of 1996 permits a prisoner to file a civil action without prepayment of fees or security, but requires the prisoner “to pay the full amount of the filing fee” as funds are available. See 28 U.S.C. § 1915(a) and (b).” So far so good.
“By filing this case, Plaintiff has incurred a debt to the United States of America in the amount of $350. See 28 U.S.C. § 1914. This debt is not dischargeable in the event Plaintiff seeks relief under the bankruptcy provisions of the United States Code. See 11 U.S.C. § 523(a)(17).”
So if you are in the “big house” and want to sue someone, you can temporarily waive the court filing fee, but as soon as funds become available, you have to pay the filing fee, and if you do not, bankruptcy court will not offer relief, the filing fee is not dischargeable.
Marvin Mann
Redondo Beach, CA
