Bill Text: GA HB1025 | 2011-2012 | Regular Session | Introduced

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Bill Title: Dekalb County State Court; change certain fees

Spectrum: Partisan Bill (Democrat 6-0)

Status: (Passed) 2012-07-01 - Effective Date [HB1025 Detail]

Download: Georgia-2011-HB1025-Introduced.html

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12 LC 35 2491/AP

House Bill 1025 (AS PASSED HOUSE AND SENATE)

By: Representatives Oliver of the 83rd, Mosby of the 90th, Stephenson of the 92nd, Dawkins-Haigler of the 93rd, Benfield of the 85th, and others

A BILL TO BE ENTITLED
AN ACT

To amend an Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), so as to change certain fees; to provide for certain fees; to provide for related matters; to provide for applicability and an effective date; to repeal conflicting laws; and for other purposes.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:

SECTION 1.

An Act creating the State Court of DeKalb County, formerly known as the Civil and Criminal Court of DeKalb County, approved February 14, 1951 (Ga. L. 1951, p. 2401), as amended, particularly by an Act approved May 28, 2010 (Ga. L. 2010, p. 3677), is amended by revising Section 11B and substituting in lieu thereof a new Section 11B to read as follows:

"SECTION 11B.

Each party filing a suit or proceeding of any character in the state court, for the services rendered by the clerk, shall deposit with the clerk of said court, except as provided for in this section, the costs, which includes the first judgment, fi. fa., and recording of same, for all suits or proceedings of any character, irrespective of how they shall be terminated, which shall be $65.00, plus all applicable fees. The sums provided in this section are exclusive of cost for service of process or other additional sums as may be provided by law. Cost for filing dispossessory and distress warrants shall be $57.00, plus all applicable fees, plus $10.00 for each defendant more than one which includes service. Each time a case is checked or continued and is stipulated back to the trial calendar, there shall be a fee of $10.00 as a stipulation fee, and the same shall be charged as part of the cost. Each time the case is stipulated to the calendar, said $10.00 is to accompany the letter of stipulation and in addition thereto shall be a certificate of service attached to said letter notifying the opposing party or the attorney of record.

In addition to the foregoing costs, the clerk of said court shall charge and collect costs as follows:

For filing and docketing each third-party

0. $10.00

For filing all motions subsequent to any

complaint in any case 1.00

For filing and docketing scire facias

each defendant 10.00

For verdict rendered more than one

and docketing same 1.00

For each judgment more than one and

docketing same 8.00

For affidavit to obtain alias fi fa

and issuing same 8.00

For affidavit where no cause is pending 5.00

For certified copy 5.00

For taking and approving supersedeas bond 5.00

For answering each writ of certiorari 3.00

For filing and docketing each appeal, civil or

criminal, and such fee shall be paid at the

time of filing the notice of appeal 25.00

For preparation of record and transcript to the

Supreme Court and Court of Appeals,

per page 1.50

Where a transcript of the evidence and proceedings is

filed with the clerk and does not require recopying, the

clerk shall not receive the fee herein prescribed with

respect to such transcript but shall receive, for filing

and transmission of such transcript, a fee of 5.00

For entering judgment or remittitur from

Supreme Court or Court of Appeals 3.00

For certification or exemplification of record,

including certificates and seals 5.00

For clerk´s certificate 1.00

For court seal 1.00

For issuing subpoena, signed and sealed 1.00

For filing and docketing each

writ of possession 10.00

For filing and docketing each

additional summons of garnishment 10.00

For filing and docketing each traverse to

answer of garnishment 10.00

For preparing Department of Public

Safety Letter 3.00

For providing uncertified computer or photocopies

of documents, per page .50

For uncertified copies, if transmitted telephonically or

electronically, first page 2.50

For each page, after the first 1.00

MARSHAL

To provide for the services of the marshal, the following fees shall be charged:

For serving copy of process or other pleading and

returning original, per copy $35.00

For serving action from another county, including

second original 35.00

For backing order 13.00

For serving subpoena 35.00

For each levy or writ of fieri facias 35.00

For settling fi fa before sale of property 13.00

For search and return of nulla bona 20.00

For serving summons of garnishment or

plaintiff´s traverse of garnishee 35.00

For each arrest in civil cases 35.00

For taking and approving bond in any civil case,

including forthcoming bond 13.00

Commission on sales of property:

On sums of $50.00 or less 8%

On excess above $50.00 up to $550.00 6%

For all sums exceeding $550.00, on excess 3%

No commission shall be charged unless property is actually sold.

For removing or storing or removing and storing property and

keeping and feeding animals, the cost shall be actual expense incurred.

For making out and executing titles to land 25.00

If presented by purchaser 13.00

For executing bill of sale to personal property, when

demanded by purchaser 13.00

For dispossessing tenant or intruder 75.00

Provided, however, that the cost for serving any paper or proceeding not provided for in this Act shall be $35.00.

All costs provided for under this section shall be paid to the clerk's office at the time of filing."

SECTION 2.

This Act shall become effective on July 1, 2012, and shall apply to requests for services made on or after such date.

SECTION 3.

All laws and parts of laws in conflict with this Act are repealed.