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HB 629 - Magistrate courts; certain fees; amend provisions

Wiles, John J (34th)	Hammontree, James A (4th)

Status Summary	HC:	Judy	SC:		FR:	02/12/99	LA:	02/15/99	H - Read 2nd Time

First Reader Summary

A BILL to amend Article 5 of Chapter 10 of Title 15 of the Official Code of Georgia Annotated, relating to fees and costs in the magistrate courts, so as to change the filing fee for filing a civil action; to change the fee for issuance of a writ of fieri facias; to authorize the magistrate courts to charge additional fees for certain specific services; and for other purposes.

Code Sections - 15-10-80/ 15-10-84.1/ 15-10-84.2

HB 629                                             LC 10 2750 
 
 
 
 
 
 
                        A BILL TO BE ENTITLED 
                               AN ACT 
 
 
  1- 1  To amend Article 5 of Chapter 10 of Title 15 of the Official 
  1- 2  Code of Georgia Annotated, relating to fees and costs in the 
  1- 3  magistrate courts, so as to change the filing fee for filing 
  1- 4  a civil action; to change the fee for issuance of a writ of 
  1- 5  fieri facias; to authorize the magistrate courts to charge 
  1- 6  additional fees for certain specific services;  to provide 
  1- 7  that a magistrate court by local rule may provide for fees 
  1- 8  in an amount less than certain authorized or scheduled fees; 
  1- 9  to prohibit the magistrate court from charging fees in 
  1-10  excess of certain authorized or scheduled amounts or from 
  1-11  charging any fees not authorized or scheduled; to provide an 
  1-12  effective date; to repeal conflicting laws; and for other 
  1-13  purposes. 
 
  1-14       BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: 
 
  1-15                           SECTION 1. 
 
  1-16  Article 5 of Chapter 10 of Title 15 of the Official Code of 
  1-17  Georgia Annotated, relating to fees and costs in the 
  1-18  magistrate courts, is amended by striking Code Section 
  1-19  15-10-80, relating to filing fee, service of process costs, 
  1-20  writ of fieri facias, and costs taxed to losing party, and 
  1-21  inserting in lieu thereof a new Code Section 15-10-80 to 
  1-22  read as follows: 
 
  1-23    "15-10-80. 
 
  1-24    (a) Upon filing any civil action the plaintiff shall pay a 
  1-25    filing deposit as established by local court rule not to 
  1-26    exceed $20.00 $25.00 which shall cover all costs of the 
  1-27    action except service of process. 
 
  1-28    (b) Upon filing any civil action the plaintiff shall pay 
  1-29    the actual cost of serving each party required to be 
  1-30    served but not more than the amount of the fee charged by 
  1-31    sheriffs for serving process for each party to be served. 
 
  1-32    (c) For issuing a writ of fieri facias the fee charged 
  1-33    shall be $2.00 $5.00 which shall be paid by the person 
 
 
 
                                 -1- 
 
 
 
  2- 1    requesting the same.  Such fee shall be charged and 
  2- 2    collected contemporaneously with or prior to the issuance 
  2- 3    of the writ of fieri facias but not before the entry of 
  2- 4    judgment in the action. 
 
  2- 5    (d) As between the parties, costs shall be taxed against 
  2- 6    the losing party." 
 
  2- 7                           SECTION 2. 
 
  2- 8  Said article is further amended by adding between Code 
  2- 9  Sections 15-10-84 and 15-10-85 two new Code sections to be 
  2-10  designated 15-10-84.1 and 15-10-84.2 to read as follows: 
 
  2-11    "15-10-84.1. 
 
  2-12    In addition to any other fees authorized in this article, 
  2-13    the magistrate court shall be authorized to charge the 
  2-14    following fees for the following specific services: 
 
  2-15      (1) Filing of interrogatories ...................$ 25.00 
 
  2-16      (2) Stipulation of case back to trial calendar 
  2-17      (resets) for civil and criminal cases ...........  10.00 
 
  2-18      (3) Uncertified copies of documents, each page ..   1.00 
 
  2-19      (4) Certification or exemplification of record, 
  2-20      including certificates and seals ................   5.00 
 
  2-21      (5) Clerk's certificate .........................   1.00 
 
  2-22      (6) Court's seal ................................   1.00 
 
  2-23      (7) Issuing certificate of pending unsatisfied 
  2-24      or satisfied judgment ...........................   3.00 
 
  2-25      (8) Issuing subpoena, signed and sealed .........   1.00 
 
  2-26      (9) Preparation of record and transcript to the 
  2-27      superior court or to the state court, per page ..   1.50 
 
  2-28      (10) Filing and docketing each writ of 
  2-29      possession ......................................  10.00 
 
  2-30      (11) For affidavit to obtain alias fi fa 
  2-31      (includes cost of recording in superior court) ..  10.00 
 
  2-32      (12) Preparing Department of Public Safety 
  2-33      letter ..........................................   5.00 
 
  2-34      (13) Filing of dispossessory ....................  25.00 
 
  2-35      (14) Filing of garnishment ......................  25.00 
 
 
 
 
                                 -2- 
 
 
 
  3- 1    15-10-84.2. 
 
  3- 2    The magistrate court may charge less than the fees 
  3- 3    authorized or scheduled in Code Sections 15-10-80 through 
  3- 4    15-10-84.1 by local rule. No magistrate court shall charge 
  3- 5    in excess of the fees authorized or scheduled in Code 
  3- 6    Sections 15-10-80 through 15-10-84.1 or charge any fees 
  3- 7    not authorized or scheduled." 
 
  3- 8                           SECTION 3. 
 
  3- 9  This Act shall become effective upon its approval by the 
  3-10  Governor or upon its becoming law without such approval. 
 
  3-11                           SECTION 4. 
 
  3-12  All laws and parts of laws in conflict with this Act are 
  3-13  repealed. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                 -3-