Civil actions: filing fees: refunds.
Vote required
Majority
Fiscal committee
No
Appropriation
No
Current location
Chaptered
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Progress
Where this bill stands in the legislative process.
- Introduced
- Passed Assembly
- Passed Senate
- To Governor
- Became Law
Overview
This bill clarifies how filing fees are handled in civil court cases. It states that if a court clerk accepts a payment for a filing fee – whether by check, credit card, electronic funds transfer, or another approved method – and the payment is later returned due to insufficient funds or a dispute, the clerk must notify the payer. The clerk can also suspend proceedings if the payment isn’t received within 20 days, and the clerk can refund the electronic filing service provider if fees remain unpaid after 20 days, applying similar rules to self-represented parties. The bill also expands the application of these refund procedures to electronic filing service providers.
Key provisions
- Applies refund procedures for returned payments (checks, credit cards, electronic funds transfers) to credit card, electronic funds transfer, and other court-approved payment methods.
- Requires the clerk to notify the payer of a returned payment and provide a 20-day window to pay the full fee and administrative charge.
- Allows the court to suspend proceedings if the fee is not paid within the 20-day period.
- Extends refund procedures to electronic filing service providers, including sanctions for unpaid fees.
- Applies the 20-day timeframe for refunding electronic filing service providers to self-represented parties.
- Adds Section 411.11 to the Code of Civil Procedure, defining terms like ‘electronic funds transfer’ and ‘automated clearinghouse’.
- Specifies administrative charges for providing notices related to returned payments.
- Addresses the handling of partial payments, including remitting them to the State Treasurer when appropriate.
Bill text
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1 on record
Primary sponsor
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