Title: An act relating to court filing fees.

Brief Description: Changing court filing fee provisions.

Sponsors: Senate Committee on Judiciary (originally sponsored by Senators Shin, Delvin, Fraser, Hargrove and Johnson).

Hearing Date: 2/20/06

Staff: Trudes Tango (786-7384).

Background:

Court clerks collect civil filing fees and other fees for court services. Some of the fees are split with the state. Last year, the Legislature passed E2SSB 5454, which raised civil filing fees in superior and district courts. The bill also added fees when a party files a counterclaim, cross-claim, or third-party claim in a civil action or a small claims action. However, E2SSB 5454 did not specify a filing fee for a counterclaim, cross-claim, or third-party claim in an unlawful detainer action or in an action to modify a dissolution or paternity decree.

A party filing an unlawful detainer action must pay an initial filing fee of $45. If the defendant files an answer, the plaintiff must pay an additional $112 to proceed with the action. A person filing a petition for modification of a dissolution or paternity decree, within the same cause as the original action, must pay a fee of $36.

The filing fee statute provides that a $5 fee be charged for a certification of delinquent taxes by the county auditor. However, the statutes governing certificates of delinquency provide that the county treasurer shall file certificates of delinquency with the court clerk at no cost to the treasurer.

When a person is convicted of a crime, the court may order the payment of legal financial obligations as part of the offender's sentence. Legal financial obligations may include restitution, costs, fines, and other assessments required by law. Legal financial obligations are enforceable for up to 10 years following the offender's release from total confinement or within 10 years of entry of the judgment and sentence, whichever period ends later. For a judgment based on an offense committed before July 1, 2000, the court may extend the judgment an additional 10 years. There is no limit on the court's extension of a legal financial obligation for offenses committed after July 1, 2000. The fee to extend a judgment is $200.

Summary of Bill:

Fees are specifically authorized for filing counterclaims, cross-claims, and third party claims in unlawful detainer actions and modifications of dissolution and paternity decrees. A party filing a counterclaim, cross-claim, or third-party claim in an unlawful detainer action must pay a filing fee of $157, which is equal to the initial filing fee for an unlawful detainer action plus the additional fee if the defendant answers the unlawful detainer action. The fee for a counterclaim, cross-claim, or third-party claim in an action to modify a dissolution or paternity decree is $36.

When the court clerk requests extension of a judgment on an offender's legal financial obligation, the $200 fee may be imposed as court costs to the offender.

The $5 filing fee for certification of delinquent taxes by a county treasurer is removed. Technical changes (cross-references to statutes) are made to the lien statutes.

Appropriation: None.

Fiscal Note: Preliminary fiscal note available.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.