Civil actions: filing fees: refunds.

Plain English Breakdown

The bill text does not provide details about administrative charges imposed by clerks or specific enforcement mechanisms for self-represented parties.

Civil Actions: Filing Fees Refunds

This law modifies how courts handle unpaid or partially paid filing fees for civil actions, including electronic payments and refunds to service providers.

What This Bill Does

• It requires court clerks to notify parties who do not pay the full amount of a filing fee within 20 days that their filing will be voided.
• These rules apply to payments made by credit card, electronic funds transfer, or any other method approved by the court.
• If an attorney does not pay fees to an electronic filing service provider after being notified, they can face sanctions from the court.
• The law also applies similar penalties for self-represented parties who do not pay their fees on time.
• It requires clerks to refund any unpaid fees to electronic filing service providers and follow specific procedures.

Who It Names or Affects

• People who file civil actions in court
• Attorneys representing clients in court cases
• Self-represented parties in court cases
• Electronic filing service providers

Terms To Know

Filing fee

The money paid to the court when a case is started or documents are filed.

Voided filing

When a court does not accept a document because the required fees were not paid correctly.

Limits and Unknowns

• The bill does not specify what happens if an electronic filing service provider is refunded but still has outstanding fees.
• It's unclear how this law will be enforced for self-represented parties who do not pay their fees on time.

Official Summary Text

AB 1951, as amended, Dixon.
Civil actions: filing fees: refunds.
Existing law provides that a civil action is commenced by filing a complaint by the court. Existing law provides that if a court clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made in an amount less than the required fee or by check that is later returned without payment, the clerk must notify the party who tendered the check that (1) the check was made out for an amount less than the required filing fee or has been returned without payment, whichever is applicable, (2) an administrative charge has been imposed to reimburse the court for the costs of processing the partial payment or returned check and for providing the specified notice, and (3) the party has 20 days from the date of mailing of the notice to pay the filing fee and administrative charge, except as specified. Existing law requires the clerk to void the filing if the
party who tendered the returned check or the check in less than the required filing fee has not paid the full amount of the fee and the administrative charge within the 20-day period described above. Existing law provides that if the clerk performs a service or issues a document for which a fee is required and payment is made by check that is later returned without payment, the court may order further proceedings suspended as to the party for whom the check was tendered, and shall notify the party who tendered the check that proceedings have been suspended until receipt of payment of the required fee and the administrative charge by specified methods, but not by personal check or traveler’s check.
This bill would additionally apply the provisions described above to filing fees paid by credit card, electronic funds transfer, as defined, or any other means approved by the court.
Existing law provides that if an electronic
filing is made to the clerk by an electronic filing service provider acting as the agent of the court for purposes of collecting and remitting filing fees, and fees owed to the electronic filing service provider remain unpaid for 5 days after notice to the attorney of record, the court clerk may notify the attorney of record that the attorney of record may be sanctioned for nonpayment of fees. Existing law authorizes the court to sanction the attorney of record if fees to the electronic service provider remain unsatisfied 20 days after notice by the clerk.
This bill
would additionally apply the provisions described above, relating to electronic filing service providers and sanctions, to a self-represented party.
would, if the fees to the electronic filing service provider remain unsatisfied 20 days after notice by the clerk, require the clerk to instead refund the electronic filing service provider, and to follow the procedures described above, as specified.

Current Bill Text

Download Bill PDF