§ 15-6-77 - Fees; construction of other fee provisions
O.C.G.A. 15-6-77 (2010)
15-6-77. Fees; construction of other fee provisions
(a) The clerks of the superior courts of this state shall be entitled to charge and collect the sums enumerated in this Code section.
(b) All sums as provided for in this Code section shall be inclusive of the sums that the clerks of the superior courts may be required to collect pursuant to Code Section 36-15-9 and Code Section 15-6-77.4. The sums provided in this Code section are exclusive of costs for service of process or other additional sums as may be provided by law.
(c) In all counties in this state where the clerk of the superior court is paid or compensated on a salary basis, the fees provided for in this Code section shall be paid into the county treasury less and except such sums as are otherwise directed to be paid pursuant to Code Section 15-6-61 and such sums as are collected pursuant to Code Section 36-15-9 and Code Section 15-6-77.4, which sums shall be remitted to such authorities as provided by law. Fees, sums, or other remuneration for the performance of duties provided for under the laws of the United States or regulations promulgated pursuant to such laws shall be as provided in such laws or regulations as personal compensation to the clerk of the superior court for the performance of such duties.
(d) Except for the filing of civil cases in which the filing party is indigent as provided in subsection (e) of this Code section, all sums specified in this Code section shall be paid to the clerk at the time of filing or other service.
(e) Costs in civil cases:
(1) As used in this subsection, the term "civil cases" shall include all actions, cases, proceedings, motions, or filings civil in nature, including but not limited to actions for divorce, domestic relations actions, modifications on closed civil cases, adoptions, condemnation actions, and actions for the validation and confirmation of revenue bonds. Any postjudgment proceeding filed more than 30 days after judgment or dismissal in an action shall be considered as a new case for the purposes of this Code section.
(2) Except as provided in paragraphs (3) and (4) of this subsection, the total sum for all services rendered by the clerk of the superior court through entry of judgment in civil cases shall be $58.00. Such sum shall not be required if the party desiring to file such case or proceeding is unable, because of indigence, to pay such sum and such party files with the clerk an affidavit to such effect, as provided by law. Nothing contained in this subsection shall be deemed to require advance payment of such sum by the state, its agencies, or political subdivisions.
(3) In all cases involving condemnations or the validation and confirmation of revenue bonds, the following additional sums shall be charged at the conclusion of the action:
(A) Validation and confirmation of revenue bonds pursuant to Code
Section 36-82-79, first 500 bonds, each................$ 1.00
All bonds over 500, each................................... .50
(B) Recording on final record, per page...........................1.50
(4) No fee or cost shall be assessed for any service rendered by the clerk of superior court through entry of judgment in family violence cases under Chapter 13 of Title 19 or in connection with the filing, issuance, registration, or service of a protection order or a petition for a prosecution order to protect a victim of domestic violence, stalking, or sexual assault. A petitioner seeking a temporary protective order or a respondent involved in a temporary protective order hearing under the provisions of Code Section 19-13-3 or 19-13-4 shall be provided with a foreign language or sign language interpreter when necessary for the hearing on the petition. The reasonable cost of the interpreter shall be paid by the local victim assistance funds as provided by Article 8 of Chapter 21 of this title. The provisions of this paragraph shall control over any other conflicting provisions of law and shall specifically control over the provisions of Code Sections 15-6-77.1, 15-6-77.2, and 15-6-77.3.
(5) Nothing contained in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform. Nothing contained in this Code section shall be construed to affect in any way the power and authority of the superior courts from taxing costs in accordance with law, but no costs shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
(f) Until July 1, 2014, sums for filing documents, instruments, etc., pertaining to real estate or personal property, such sums to include recording and returning where applicable, shall be as follows:
(1)(A)(i) Filing all instruments pertaining to real estate including
deeds, deeds of trust, affidavits, releases, notices and
certificates, and cancellation of deeds, first page....$ 9.50
Each page, after the first...............................2.00
(ii) Filing all instruments pertaining to real estate and personal
property including liens on real estate and personal
property, notice filings for Uniform Commercial Code related
real estate, tax liens, hospital liens, writs of fieri
facias, notices of lis pendens, written information on
utilities, cancellations of liens, and writs of fieri
facias, first page.......................................4.50
Each page, after the first..................................2.00
(B) Filing and indexing financing statements, amendments to financing
statements, continuation statements, termination statements,
release of collateral, or other filing pursuant to Article 9
of Title 11, first page.................................10.00
Each page, after the first..................................2.00
(2) Filing maps or plats, each page..................................7.50
(3) For processing an assignment of a security deed, for each deed
assigned....................................................4.50
(f.1) On and after July 1, 2014, sums for filing documents, instruments,
etc., pertaining to real estate or personal property, such sums to include
recording and returning where applicable, shall be as follows:
(1)(A) Filing all instruments pertaining to real estate and personal
property except as otherwise specified in this Code section,
including but not limited to the filing of deeds, deeds of
trust, affidavits, releases, notices, certificates, liens on
real estate and personal property, notice filings for
Uniform Commercial Code related real estate, tax liens,
hospital liens, writs of fieri facias, notices of lis
pendens, written information on utilities, and cancellation
of deeds, liens, and writs of fieri facias, first page.$ 4.50
Each page, after the first...............................2.00
(B) Filing and indexing financing statements, amendments to financing
statements, continuation statements, termination statements,
release of collateral, or other filing pursuant to Part 4 of
Article 9 of Title 11, first page.......................10.00
Each page, after the first..................................2.00
(2) Filing maps or plats, each page..................................7.50
(3) For processing an assignment of a security deed, for each deed
assigned....................................................4.50
(g) Miscellaneous fees:
(1) Recording any instrument or writing, fee not otherwise specified,
first page................................................$ 5.00
Each page, after the first.....................................2.00
(2) Uncertified copies of documents, if no assistance is required from
the office of the clerk of superior court, per page........ .50
Uncertified copies, if assistance is required..................1.00
Uncertified copies, if transmitted telephonically or
electronically, first page..................................2.50
Each page, after the first.....................................1.00
(3) Uncertified copies of documents, drawings, or plats, copy larger
than 8.5 x 14 inches........................................2.00
(4) Certification or exemplification of record, including certificates
and seals, first page.......................................2.50
Each page, after the first.................................... .50
(5) Clerk's certificate..............................................1.00
(6) Court's seal.....................................................1.00
(7) The clerk may provide computer data or computer generated printouts
of public records subject to disclosure maintained on computer
by, or available to, the clerk, for each page or partial page
of printed data or copies of such or its equivalent.........2.50
Nothing in this paragraph shall be construed to require any clerk
to provide computer generated reports nor shall any clerk be
required to prepare custom or individualized computer
compilations or reports for any person or entity which would
require preparation of a computer program which is not a
standard existing computer program in use by the clerk. The
clerk shall not be required to permit access to, or to provide
copies of, copyrighted computer programs or any other computer
programs in violation of any software license agreement or
containing confidential records otherwise excluded or exempted
by this Code section or any other applicable law.
(8) Issuing certificate of pending or unsatisfied judgment, as provided
in Code Section 40-9-40.....................................3.00
(9) Issuing certificate of appointment and reappointment to notaries
public, as provided by Code Section 45-17-4................20.00
(10) Registering and filing trade names pursuant to Code Section 10-1-490
..........................................................................15.00
(11) Issuing subpoena, signed and sealed, notwithstanding subsection (e)
of this Code section, each..................................5.00
(12) Preparation of record and transcript to the Supreme Court and Court
of Appeals, per page.......................................10.00
Where a transcript of the evidence and proceedings is filed with
the clerk and does not require recopying, the clerk shall not
receive the fee herein prescribed with respect to such
transcript but shall receive, for filing and transmission of
such transcript, a fee of..................................35.00
(13) Reserved.
(14) Reserved.
(15) For performing the duties required of them by Article 2 of Chapter
2 of Title 44, the clerks shall receive the same sums as in
civil cases.
(16) For performing the duties required of them by Article 1 of Chapter
9A of Title 14, the "Uniform Limited Partnership Act," and for
filing statements of partnership pursuant to Code Section
14-8-10.1, the clerks shall receive the sums as in civil cases.
(h) Fees in criminal cases:
(1) Entering and docketing bills of indictment, presentments, no-bills,
accusations...............................................$ 3.00
(2) Reserved.
(3) Reserved.
(4) Reserved.
(5) Reserved.
(6) Preparation and furnishing copy of the record of appeal in criminal
cases where accused was convicted of capital felony, in
accordance with Code Section 5-6-43, per page...............5.00
Clerk's certificate............................................1.00
The clerk shall not receive compensation for the transcript of
evidence and proceedings.
(7) When costs are assessed by the court the minimum amount assessed as
court costs in the disposition of any criminal case in the
superior court shall be $100.00. Any surcharge provided for by
law shall be in addition to such sum.
(i) No fees shall be charged for the following:
(1) Recording discharge certificates of veterans, as provided in Code Section 15-6-78;
(2) Recording and certifying documents in connection with admission to practice law; and
(3) Costs associated with the filing of criminal charges by an alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or an alleged victim of any domestic violence offense or for the issuance or service of a warrant, protective order, or witness subpoena arising from the violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or the incident of domestic violence.
(j) All laws in force in this state which provide compensation for clerks of the superior courts for the discharge of duties not enumerated in this Code section nor in conflict with this Code section shall remain in full force and effect.
(k) No fees, assessments, or other charges may be assessed or collected except as authorized in this Code section or some other general law expressly providing for same.
(l) The clerk of superior court may provide such additional services for which there is no fee specified by statute in connection with the operation of the clerk's offices as may be requested by the public and agreed to by the clerk. Any charges for such additional services shall be as agreed to between the clerk and the party making the request. Nothing in this subsection shall be construed to require any clerk to provide any such service not otherwise required by law.
(m) The sheriffs of this state shall not be required to pay recording fees for criminal bonds and writs of fieri facias issued on criminal bond forfeitures.
(n) The clerk of superior court shall not be required to refund excess sums tendered to the clerk as payment of costs or fees enumerated in this Code section when such payment exceeds the amount required by this Code section by less than $15.00.
(o) In addition to the fees required by this Code section:
(1) When any instrument that is statutorily required to be cross-indexed, canceled, satisfied, or released or when a party requests the clerk to cross-index an instrument that is not otherwise required by law to be cross-indexed to any other previously recorded or affected document, the clerk of superior court shall charge an additional fee of $2.00 for each additional cross-indexed entry;
(2) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(i) of this Code section, the filing fee specified in division (f)(1)(A)(i) of this Code section shall be charged for each such instrument which is to be canceled, satisfied, or released;
(3) For recording any instrument that includes a request for cancellation, satisfaction, or release of more than one instrument as described in division (f)(1)(A)(ii) of this Code section, the filing fee specified in division (f)(1)(A)(ii) of this Code section shall be charged for each such instrument which is to be canceled, satisfied, or released;
(4) For any instrument that includes a request for the clerk to cross-index the instrument to a previously recorded or affected instrument but for which cross-indexing is not otherwise required by law, the clerk shall file, index, record, and cross-index each such instrument for which a request has been made upon receiving payment from the requesting party as specified by paragraph (1) of this subsection and written information specifying accurately the instrument to be cross-indexed;
(5) With respect to any instrument that includes a request for cancellation, satisfaction, or release of any instrument described in division (f)(1)(A)(i) or (f)(l)(A)(ii) of this Code section, the clerk shall file, index, and record the cancellation of each such instrument identified and requested to be canceled provided that the requesting party pays the filing fee specified by paragraph (2) or (3) of this subsection, as applicable, and that such instrument accurately identifies the recording information for such instrument to be canceled, satisfied, or released; and
(6) For the purposes of this subsection and any other Code section requiring the clerk of superior court to cross-index, cross-reference, or make any other notation affecting any instrument filed in the clerk's office, including, but not limited to, real estate, personal property, liens, plats, and any other instruments, the clerk shall be authorized to make such entry or notation through electronic or automated means in lieu of entering such information manually in paper books or dockets.