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FILED 5/1/2024 3:41 PM CLERK OF SUPERIOR COURT DEKALB COUNTY GEORGIA
SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
Contanius 1 Alen Civil Action
Plaintiff,
Case Number: 24PA1044-1
Teel D. Allen,
Defendant.
ORDER ON AFFIDAVIT OF POVERTY
The pro se A rain O Defendant has filed an Affidavit of Poverty with the Cletk of
Court. Pursuant to OCGA § 9-15-2(d), the ‘Court has reviewed the Affidavit and the ‘other initial
pleadings.
X___ Affidavit Approved - It appears to the Court that the affiant is unable to pay the filing
fees and associated costs of this action, Therefore, the affiant’s pleadings shall be filed,
and the affiant shall be relieved from paying the filing fee, sheriff's service fee, and other
costs normally required.
Affidavit Not Approved - It appears to the Court that the affiant is able to pay the filing
fee and associated costs of this action, or that filing should otherwise not be allowed
under OCGA § 9-15-2(d). Therefore, the afffant shall not be relieved from paying the
filing fee, sheriff's service fee, or any other costs normally required.
Affidavit Not Approved (No justictable issue) - It appears to the Court that pursuant to
OCGA § 9-15-2(d) the pleading filed by the affiant shows on its face such a complete
absence of any justiciable issue of Jaw or fact that it cannot reasonably be believed that
the Court could grant any relief against any party named in the pleading. It is hereby
ORDERED that the affiant’s request to file the pleading is hereby DENIED.
This order entered on _this ist day of May 2024.
DeKalb County Superior Court
Stone Mountain Judicial Circuit
: Order on Poverty Affidavit— revised 4/2018
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Socicty
DEKALB COUNTY SUPERIOR COURT
STATE OF GEORGIA
Camlaries Vi
Plaintiff,
Alten Civil Action
Case Number OY A\
er {A
Defendant.
AFFIDAVIT OF POVERTY
I am theZ/ Plaintiff [1 Defendant in this case. Iam filing this Affidavit of Poverty under
OCGAԤ 9-15-2, to ask that I be relieved from paying the court costs.
I hereby swear or affirm, before a notary public, that the following information is true:
a 1
Because I am indigent, I am unable to pay the filing fee, service fee, and other costs
which are normally required in the court.
2.
pl
My income comes from the following sources: [Check alt that apply.
ings from my job 1 Other work (1 Social Security or SSI O Unemployment benefits
O VA benefits O Disability Insurance or Worker’s Compensation Oi Child Support
OTANF 0 Pension or Retirement Benefits OAlimony O Help from family or friends
3
* My average gross income (before taxes) iss \ ¢ 523.4 ec month; my net income
(after taxes) is $ Kk ) \ 2, 0? per month.
In addition to my own income, my other family members living with me have a total
“income of per month.
4
Ihave $ & in my savings account(s), and $ ST in my checking
account(s).
Affidavit of Poverty - rev. anol August 31, 2010 Page | of 2
Provided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
,
5
The amount of my rent or mortgage payment is $ ew 5 per month.
[Check one of these:]_ (11 am current on my payments. Olam months in arrears.
6
Ipay $ per month in child support, alimony or other support to other family
members who do not live with me.
7.
I support the following dependents who live with me
8.
Ihave the following special financial circumstances:
Ido not have any income of any kind, and I am paying my expenses in the following way:
Qo Lhave a bankruptcy going on or just recently completed. The court case number for my
bankruptcy is:
ew eee am (Asking, diye “paver hecause Tram
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Plaintiff O Defendant (Check & sign here)
Spbscribed and sworn before me on e
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AZT RXV tan
Public
pro se Affid of Poverty Re Y Public, Georgia
Rockdale County
ae) My Comm,Exp. FeD.7, 2025
Affidavit‘of Poverty - rev. approved August 31, 2010 Page 2 of 2
iProvided by the DeKalb County Superior Court and the Atlanta Legal Aid Society
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA
Cantenius VAlKA
CIVIL ACTION FILE
NUMBER
> EFENDANT[ “DO AHlon
Teuce
STANDING ORDER GOVERNING IN FORMA PAUPERIS APPLICANTS
Itappears to the Court that the orderly conduct of its business requires the establishment
ofa standing order for applicants submitting an Affidavit of Poverty, and the same having been
developed and adopted by the Court, it is therefore:
ORDERED THAT that any litigant who asserts an inability to pay any fees or costs
which would normally be assessed to pursue a court action shall complete a detailed Affidavit
of Poverty as required by OCGA § 9-15-2.
The following documents must accompany the Affidavit of Poverty: a copy of the
party’s most recent bank statement and copies of the two most recent paychecks or disability
checks. In lieu of a bank statement, a copy of a utility bill, cable bill, and cell phone bill can
be provided. The party presenting the documents deseribed above shall strike out the full
date of birth and social security number and all but the last four digits of any account
numbers appearing on the documents, If one of the requiréd documents cannot be included,
an explanation for its absence must be provided in writing.
The Affidavit of Poverty and the supporting documents listed above should be attached
to the unfiled petition or complaint and submitted to the Office of the Clerk of Superior Court.
Staff in that office will forward all of the information to chambers for judicial review,
Affidavits of Poverty without all of the required supporting documentation may not be
considered.
Standing Order Governing In Forma Pauperis Applicants
Page 1 of 2
ITIS FURTHER ORDERED that upon filing of an Affidavit of Poverty executed by
a party, as provided under OCGA 9-15-2(a)(1), the filing party shall have thirty (30) days from
the date the Affidavit is submitted to retrieve the documents from the Clerk of Superior Court.
If the documents are not retrieved within the time allotted, the Clerk shall have the authority
to dispose of said documents and the case shall be closed.
oa
The Clerk of Court is HEREBY ORDERED to enter this Order in the record of each
pauperis case at its inception (or as soon thereafter as possible), and to contemporaneously
provide a copy of same to the Applicant submitting an Affidavit af Poverty.
IT IS SO ORDERED.
This Ist day of January, 2023
lonorable LaTi: ear Jackson
Chief and Administrative Judge
DeKalb County Superior Court
Stone Mountain Judicial Circuit
Standing Order Governing In Forma Pauperis Applicants
Page 2 of 2
IN THE SUPERIOR COURT OF DEKALB COUNTY
STATE OF GEORGIA ia
STANDING ORDER GOVERNING IN FORMA PAUPERIS REVIEW
It appears to the Court that the orderly conduct of its business requires the
establishment of a standing order for Affidavit of Poverty review, and the same having been
developed and adopted by the Court, it is therefore:
ORDERED that upon filing of an Affidavit of Poverty executed by a party, as
provided under OCGA 9-15-2(a)(I), together with an Attorney’s Affidavit in Support of
Party Filing In Forma Pauperis, executed by one of the attorneys from the Atlanta Legal
Aid Society or the Georgia Law Center on Homelessness and Poverty, entering and
appearing on behalf of the party, or by the Executive Director of the DeKalb Pro Bono, the
party shall be relieved form paying any deposit, fee or other cost which is normally required
in this Court, and the party’s rights shal! be the same as if she or he had paid the costs.
IT IS FURTHER ORDERED that as provided under OCGA 9-15-2(a)(2) and (b),
any other party at interest or his agent or attorney may contest the truth of the Affidavit of
Poverty by verifying affirmatively under oath that the same is untrue. The issue thereby
formed shall.be heard and determined by the Court. In the absence of a traverse affidavit
contesting the truth of the Affidavit of Poverty, the Court may inquire into the truth of the
Affidavit of Poverty.
After a hearing on the issue, the Court may order the costs be paid if it finds that the
deposit, fee or other costs can be paid, and if the costs are not paid within the time permitted
in such order, may deny relief sought. The adjudication of the issue of indigence shall not
affect a decision on the merits of the pending action.
If IS FURTHER ORDERED that, after review of an Affidavit of Poverty filed
and executed by a party, as provided under OCGA 9-15-2(a)(I), the Court pursuant to
OCGA 9-15-2(d) may find that:
Standing Order Governing In Forma Pauperis Review
Page | of 2
“It appears to the Court that the pleading filed by the affiant shows on its face
such a complete absence of any justiciable issue of law or fact that it cannot
reasonably be believed that the Court could grant any relief against any party
named in the pleading. It is hereby ORDERED that the affiant's request to
file the pleading is hereby DENIED.”
It is therefore ORDERED that the above language shall be added to the standard ORDER
ON AFFIDAVIT OF POVERTY issued by the Court.
IT IS SO ORDERED.
This Ist day of January, 2023,
CM te) ASA
‘onorable LaTi
ANSI
Dear Jackson
Chief and Administrative Judge
DeKalb County Superior Court
Stone Mountain Judicial Circuit
Standing Order Governing In Forma Pauperis Review
Page 2 of 2