§ Rule 298. Application to Sue or Defend as an Indigent Person
Rule 298. Application to Sue or Defend as an Indigent Person
(a) Contents. An application for leave to sue or defend as an indigent person shall be in writing and supported by the affidavit of the applicant or, if the applicant is a minor or an incompetent adult, by the affidavit of another person having knowledge of the facts, stating:
(1) whether the applicant is receiving assistance under one or more of the following public benefits programs: Supplemental Security Income (SSI), Aid to the Aged, Blind and Disabled (AABD), Temporary Assistance for Needy Families (TANF), Food Stamps, General Assistance, State Transitional Assistance, or State Children and Family Assistance;
(2) whether the applicant's available income is 125% or less of the current poverty level as established by the United States Department of Health and Human Services;
(3) the nature and value of the applicant's assets;
(4) whether the applicant is eligible to receive civil legal services as defined in section 5-105.5 of the Code of Civil Procedure (735 ILCS 5/5-105.5);
(5) whether the applicant is unable to proceed in an action without payment of fees, costs, and charges and the applicant's payment of those fees, costs, and charges would result in substantial hardship to the applicant or the applicant's family;
(6) the employment status of the applicant and the applicant's spouse;
(7) the current income of the applicant and the applicant's spouse;
(8) whether the applicant is receiving or paying child support;
(9) the applicant's monthly living expenses (exclusive of payment of debts and child support); and
(10) that the applicant, in good faith, believes that he or she has a meritorious claim or defense.
(b) Ruling. If the application is denied, the court shall enter an order to that effect stating the specific reason for the denial. If the application is granted, the court shall enter an order permitting the applicant to sue or defend without payment of fees, costs or charges.