Plain English Breakdown
The official summary does not provide a specific effective date despite the bill being enacted.
Civil Actions: Filing Fees Refunds
This law extends rules for handling unpaid court filing fees to credit cards and electronic transfers, requiring refunds to service providers instead of sanctions when payments fail.
What This Bill Does
- Applies existing rules about returned checks or partial payments to failed payments made by credit card, electronic funds transfer, or other approved methods.
- Requires the clerk to notify a party if their payment is less than required or fails after being accepted for filing.
- Mandates that an administrative charge be added to cover costs when processing partial or failed payments.
- Gives parties 20 days from the notice date to pay the full fee and any extra charges before the filing is voided.
- Requires court clerks to refund electronic filing service providers if fees remain unpaid after a set time, instead of sanctioning attorneys.
Who It Names or Affects
- People or parties who file civil actions in court using credit cards or electronic transfers.
- Court clerks responsible for processing filings and collecting fees.
- Electronic filing service providers that collect and send money to the courts on behalf of attorneys.
Terms To Know
- Civil action
- A legal case started by filing a complaint with the court.
- Administrative charge
- An extra fee added to cover costs when processing partial payments or returned checks.
- Electronic funds transfer
- A digital method of moving money between bank accounts, approved by the court for fees.
Limits and Unknowns
- The official text does not specify an effective date.
- The exact amount of administrative charges is determined by existing rules and not defined in this bill summary.
- Specific procedures for refunds to service providers are referenced but detailed steps depend on other laws.