How can I challenge an order to repay waived court fees in California?
The court may order you to pay back fees and costs that were previously waived for you if the court believes your financial situation has changed. If you disagree with the order, you can ask for a hearing to request that the court set aside (cancel) the order.
You must request a hearing within 30 days from the date of service of the Order to Pay Waived Court Fees and Costs (Form FL-336). If you file in time, you will not have to pay the waived fees until the judge makes a decision after the hearing.
To request a hearing:
Fill out a Notice of Motion or an Order to Show Cause.
Fill out an Application to Set Aside Order to Pay Waived Court Fees-Attachment and attach it to the Notice of Motion and Order to show cause.
Make 3 copies of your forms.
Turn in your forms to the clerk. They will give you a date for the hearing.
Serve the other person with one copy of the forms that the clerk returns to you AND include a blank Responsive Declaration to Order to Show Cause or Notice of Motion.
Fill out a Proof of Service and file it with the clerk.
Make sure you go to your hearing. If you do not go, your request will be denied and you will have to pay back the other side's waived fees and costs.