Rule 4-304. Assessment and collection of filing fees in matters not commenced by the filing of a complaint or petition.

Intent:

To establish a filing fee for the state, its agencies, or political subdivisions in all matters not commenced by the filing of a civil complaint or petition.

To establish a procedure for collecting fees from persons indebted to the state, its agencies, or political subdivisions in those matters.

Applicability:

This rule shall apply to the District Courts and the state, its agencies or political subdivisions except the Office of Recovery Services. This rule shall apply to all administrative judgments, warrants, liens, or similar documents (except as amended) which are filed with the clerk in matters not commenced by the filing of a complaint or petition and to all subsequent documents which are filed for the purpose of enforcing the judgment, warrant or lien. For purposes of this rule, the term complaint shall include affidavits commencing small claims actions.

Statement of the Rule:

(1) Supplemental fees. All fees established by statute for the filing of documents or the provision of services for the subsequent enforcement of a debt shall be added to the amount of the administrative judgment, warrant, lien or similar document which is filed by the state, its agencies or political subdivisions with the clerk of the court.

(2) Installment payments. If the debt is paid in installments or in amounts less than the full amount due, the monies received shall be applied first to the amount of the debt and second to the fees.

(3) Accounting and reporting. The entity commencing the action shall establish a procedure for accounting for those amounts received in satisfaction of the filing fees. No later than 30 days after the end of each fiscal year, a report shall be submitted to the Administrative Office which identifies the number of actions filed, the amount of fees imposed, the amounts determined uncollectible, and the amount of fees collected. No report is required when the state, agency or political subdivision did not commence any civil matters during that year.

(4) Responsibility of the court. In all matters governed by this rule which are calendared for hearing or review, the court shall add the appropriate fees to the judgment, warrant, lien or document establishing the amount to be paid by the judgment debtor if not included in the judgment.

(5) Responsibility of the clerk of the court. In all matters governed by this rule, the clerk of the court shall:

(A) Ensure that the appropriate fees are incorporated in or added to such judgments, warrants, liens or similar documents.

(B) Refuse to accept any judgment, warrant, lien, or similar document which does not include the appropriate fees or otherwise fails to conform with the provisions of this rule.

(C) Ensure that an order of dismissal or final satisfaction of judgment is not entered until the fees have been remitted to the court or state treasurer.

(6) Responsibility of the state, its agencies and political subdivisions. In all matters governed by this rule, the state, its agencies or political subdivisions shall:

(A) Add to or incorporate in the administrative judgment, warrant, lien, or similar document the appropriate fees as provided by this rule.

(B) Make reasonable efforts to collect the fees from the debtor and transmit to the clerk of the court or deposit fees received with the state treasurer not less frequently than quarterly.

(C) Withhold submission of an order of dismissal or final satisfaction of judgment until the fees have been paid.

(D) Refuse to waive the recovery of appropriate fees as part of any settlement or compromise of a disputed claim.