Legislation	Clerk's Office	Members	Committees	Meetings	Home	Senate

HB 1312 - Atlanta, City of; municipal court; costs and fees

Martin, Jim (47th)

Status Summary	HC:	LLeg	SC:	SLGO	FR:	02/02/00	LA:	03/20/00	S - Passed/Adopted (CS ) (FA )

First Reader Summary

A BILL to amend an Act establishing a municipal court of the City of Atlanta (now a division of the State Court of Fulton County), so as to revise certain costs and service fees charged by the clerk and marshall of said court; and for other purposes.

HB 1312                                           LC 14 7459S 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend an Act establishing a municipal court of the City 
  1- 2  of Atlanta (now a division of the State Court of Fulton 
  1- 3  County), approved August 20, 1913 (Ga. L. 1913, p. 145), as 
  1- 4  amended, particularly by an Act approved April 13, 1992 (Ga. 
  1- 5  L. 1992, p. 6045), so as to revise certain costs and service 
  1- 6  fees charged by the clerk and marshal of said court; to 
  1- 7  provide an effective date; to repeal conflicting laws; and 
  1- 8  for other purposes. 
 
  1- 9       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-10                           SECTION 1. 
 
  1-11  An Act establishing a municipal court of the City of Atlanta 
  1-12  (now a division of the State Court of Fulton County), 
  1-13  approved August 20, 1913 (Ga. L. 1913, p. 145), as amended, 
  1-14  particularly by an Act approved April 13, 1992 (Ga. L. 1992, 
  1-15  p. 6045), is amended by striking in their entirety 
  1-16  subsections (a), (b), and (c) of Section 49 and substituting 
  1-17  in lieu thereof new subsections (a), (b), (c), and (d) to 
  1-18  read as follows: 
 
  1-19    "(a) Except as otherwise provided in this Act, the filing 
  1-20    cost, including the first judgment and fi. fa., for all 
  1-21    suits or proceedings of any character, except garnishment 
  1-22    and proceedings against tenant holding over, irrespective 
  1-23    of how they shall be terminated, shall be $55.00 plus 
  1-24    $8.00 for each defendant more than one.  In addition, 
  1-25    there shall be a $25.00, per copy, charge for serving copy 
  1-26    of process and returning original by the marshal, said fee 
  1-27    to include the processing, entry, and docketing of the 
  1-28    service type, service, and return of service information, 
  1-29    however the same is accomplished by the clerk of court. 
 
  1-30    (b) The filing cost for a garnishment proceeding, 
  1-31    irrespective of how it shall be terminated, shall be 
  1-32    $55.00 plus $8.00 for each party more than one.  There 
  1-33    shall be a $13.00 charge for serving summons of 
  1-34    garnishment or rule against garnishee, plus $6.00 for 
 
 
 
                                 -1- 
 
 
 
  2- 1    serving each copy more that one, including defendant's 
  2- 2    copy, and returning original by the marshal, said fee to 
  2- 3    include the processing, entry, and docketing of the 
  2- 4    service type, service, and return of service information, 
  2- 5    however the same is accomplished by the clerk of court. 
  2- 6    The filing cost for a plaintiff's or defendant's traverse 
  2- 7    to a garnishment proceeding shall be $20.00.  The filing 
  2- 8    cost for each additional summons filed on a regular 
  2- 9    garnishment shall be $25.00. 
 
  2-10    (c) The filing cost for a proceeding against tenant 
  2-11    holding over, except as otherwise provided in this Act or 
  2-12    where the writ of possession is executed, shall be $55.00 
  2-13    plus $8.00 for each defendant more than one.  In addition, 
  2-14    there shall be a $25.00, per copy, charge for serving copy 
  2-15    of process and returning original by the marshal, said fee 
  2-16    to include the processing, entry, and docketing of the 
  2-17    service type, service, and return of service information, 
  2-18    however the same is accomplished by the clerk of court. 
  2-19    Where it is necessary to apply for, execute, or apply for 
  2-20    and execute the writ of possession, there shall be a 
  2-21    $20.00 charge for the application, execution, or 
  2-22    application and execution. 
 
  2-23    (d) Where service is attempted, made, or perfected by any 
  2-24    means other than by the marshal or deputy sheriff, as such 
  2-25    service may be allowed, or by discretion of the court may 
  2-26    be allowed, under Code Section 9-11-4 or 15-10-43 of the 
  2-27    O.C.G.A., there shall be a $20.00 charge for the 
  2-28    processing, entry, and docketing of the service type, 
  2-29    service, and return of service information, however the 
  2-30    same is accomplished by the clerk of court." 
 
  2-31                           SECTION 2. 
 
  2-32  This Act shall become effective on the first day of the 
  2-33  month following the month in which it is approved by the 
  2-34  Governor or in which it becomes law without such approval. 
 
  2-35                           SECTION 3. 
 
  2-36  All laws and parts of laws in conflict with this Act are 
  2-37  repealed. 
 
 
 
 
 
 
 
 
                                 -2-