17.1-275 - Fees collected by clerks of circuit courts; generally.
§ 17.1-275. Fees collected by clerks of circuit courts; generally.
A. A clerk of a circuit court shall, for services performed by virtue of hisoffice, charge the following fees:
1. [Repealed.]
2. For recording and indexing in the proper book any writing and all matterstherewith, or for recording and indexing anything not otherwise provided for,$16 for an instrument or document consisting of 10 or fewer pages or sheets;$30 for an instrument or document consisting of 11 to 30 pages or sheets; and$50 for an instrument or document consisting of 31 or more pages or sheets.Whenever any writing to be recorded includes plat or map sheets no largerthan eight and one-half inches by 14 inches, such plat or map sheets shall becounted as ordinary pages for the purpose of computing the recording fee duepursuant to this section. A fee of $15 per page or sheet shall be chargedwith respect to plat or map sheets larger than eight and one-half inches by14 inches. Only a single fee as authorized by this subdivision shall becharged for recording a certificate of satisfaction that releases theoriginal deed of trust and any corrected or revised deeds of trust. Onedollar and fifty cents of the fee collected for recording and indexing shallbe designated for use in preserving the permanent records of the circuitcourts. The sum collected for this purpose shall be administered by TheLibrary of Virginia in cooperation with the circuit court clerks.
3. For appointing and qualifying any personal representative, committee,trustee, guardian, or other fiduciary, in addition to any fees for recordingallowed by this section, $20 for estates not exceeding $50,000, $25 forestates not exceeding $100,000 and $30 for estates exceeding $100,000. No feeshall be charged for estates of $5,000 or less.
4. For entering and granting and for issuing any license, other than amarriage license or a hunting and fishing license, and administering an oathwhen necessary, $10.
5. For issuing a marriage license, attaching certificate, administering orreceiving all necessary oaths or affidavits, indexing and recording, $10.
6. For making out any bond, other than those under § 17.1-267 or subdivisionA 4, administering all necessary oaths and writing proper affidavits, $3.
7. For all services rendered by the clerk in any garnishment or attachmentproceeding, the clerk's fee shall be $15 in cases not exceeding $500 and $25in all other cases.
8. For making out a copy of any paper, record, or electronic record to go outof the office, which is not otherwise specifically provided for herein, a feeof $0.50 for each page or, if an electronic record, each image. From suchfees, the clerk shall reimburse the locality the costs of making out thecopies and pay the remaining fees directly to the Commonwealth. The funds torecoup the cost of making out the copies shall be deposited with the countyor city treasurer or Director of Finance, and the governing body shall budgetand appropriate such funds to be used to support the cost of copies pursuantto this subdivision. For purposes of this section, the costs of making outthe copies shall include lease and maintenance agreements for the equipmentused to make out the copies, but shall not include salaries or relatedbenefits. The costs of copies shall otherwise be determined in accordancewith § 2.2-3704. However, there shall be no charge to the recipient of afinal order or decree to send an attested copy to such party.
9. For annexing the seal of the court to any paper, writing the certificateof the clerk accompanying it, the clerk shall charge $2 and for attaching thecertificate of the judge, if the clerk is requested to do so, the clerk shallcharge an additional $0.50.
10. In any case in which a person is convicted of a violation of anyprovision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or issubject to a disposition under § 18.2-251, the clerk shall assess a fee of$150 for each felony conviction and each felony disposition under § 18.2-251which shall be taxed as costs to the defendant and shall be paid into theDrug Offender Assessment and Treatment Fund.
11. In any case in which a person is convicted of a violation of anyprovision of Article 1 (§ 18.2-247 et seq.) of Chapter 7 of Title 18.2 or issubject to a disposition under § 18.2-251, the clerk shall assess a fee foreach misdemeanor conviction and each misdemeanor disposition under §18.2-251, which shall be taxed as costs to the defendant and shall be paidinto the Drug Offender Assessment and Treatment Fund as provided in §17.1-275.8.
12. Upon the defendant's being required to successfully complete trafficschool or a driver improvement clinic in lieu of a finding of guilty, thecourt shall charge the defendant fees and costs as if he had been convicted.
13. In all civil actions that include one or more claims for the award ofmonetary damages the clerk's fee chargeable to the plaintiff shall be $100 incases seeking recovery not exceeding $49,999; $200 in cases seeking recoveryexceeding $49,999, but not exceeding $100,000; $250 in cases seeking recoveryexceeding $100,000, but not exceeding $500,000; and $300 in cases seekingrecovery exceeding $500,000. Ten dollars of each such fee shall beapportioned to the Courts Technology Fund established under § 17.1-132. A feeof $25 shall be paid by the plaintiff at the time of instituting acondemnation case, in lieu of any other fees. There shall be no fee chargedfor the filing of a cross-claim or setoff in any pending action. However, thefees prescribed by this subdivision shall be charged upon the filing of acounterclaim or a claim impleading a third-party defendant. The feesprescribed above shall be collected upon the filing of papers for thecommencement of civil actions. This subdivision shall not be applicable tocases filed in the Supreme Court of Virginia.
13a. For the filing of any petition seeking court approval of a settlementwhere no action has yet been filed, the clerk's fee, chargeable to thepetitioner, shall be $50, to be paid by the petitioner at the time of filingthe petition.
14. In addition to the fees chargeable for civil actions, for the costs ofproceedings for judgments by confession under §§ 8.01-432 through 8.01-440,the clerk shall tax as costs (i) the cost of registered or certified mail;(ii) the statutory writ tax, in the amount required by law to be paid on asuit for the amount of the confessed judgment; (iii) for the sheriff forserving each copy of the order entering judgment, $12; and (iv) for docketingthe judgment and issuing executions thereon, the same fees as prescribed insubdivision A 17.
15. For qualifying notaries public, including the making out of the bond andany copies thereof, administering the necessary oaths, and entering theorder, $10.
16. For each habeas corpus proceeding, the clerk shall receive $10 for allservices required thereunder. This subdivision shall not be applicable tosuch suits filed in the Supreme Court of Virginia.
17. For docketing and indexing a judgment from any other court of thisCommonwealth, for docketing and indexing a judgment in the new name of ajudgment debtor pursuant to the provisions of § 8.01-451, but not whenincident to a divorce, for noting and filing the assignment of a judgmentpursuant to § 8.01-452, a fee of $5; and for issuing an abstract of anyrecorded judgment, when proper to do so, a fee of $5; and for filing,docketing, indexing and mailing notice of a foreign judgment, a fee of $20.
18. For all services rendered by the clerk in any court proceeding for whichno specific fee is provided by law, the clerk shall charge $10, to be paid bythe party filing said papers at the time of filing; however, this subdivisionshall not be applicable in a divorce cause prior to and including the entryof a decree of divorce from the bond of matrimony.
19, 20. [Repealed.]
21. For making the endorsements on a forthcoming bond and recording thematters relating to such bond pursuant to the provisions of § 8.01-529, $1.
22. For all services rendered by the clerk in any proceeding pursuant to §57-8 or 57-15, $10.
23. For preparation and issuance of a subpoena duces tecum, $5.
24. For all services rendered by the clerk in matters under § 8.01-217relating to change of name, $20; however, this subdivision shall not beapplicable in cases where the change of name is incident to a divorce.
25. For providing court records or documents on microfilm, per frame, $0.50.
26. In all divorce and separate maintenance proceedings, and all civilactions that do not include one or more claims for the award of monetarydamages, the clerk's fee chargeable to the plaintiff shall be $60, $10 ofwhich shall be apportioned to the Courts Technology Fund established under §17.1-132 to be paid by the plaintiff at the time of instituting the suit,which shall include the furnishing of a duly certified copy of the finaldecree. The fees prescribed by this subdivision shall be charged upon thefiling of a counterclaim or a claim impleading a third-party defendant.However, no fee shall be charged for the filing of a cross-claim or setoff inany pending suit. In divorce cases, when there is a merger of a divorce ofseparation a mensa et thoro into a decree of divorce a vinculo, the abovementioned fee shall include the furnishing of a duly certified copy of bothsuch decrees.
27. For the acceptance of credit cards in lieu of money to collect and secureall fees, including filing fees, fines, restitution, forfeiture, penaltiesand costs, the clerk shall collect from the person presenting such creditcard a reasonable convenience fee not to exceed four percent of the amountpaid.
28. For the return of any check unpaid by the financial institution on whichit was drawn or notice is received from the credit card issuer that paymentwill not be made for any reason, the clerk shall collect, if allowed by thecourt, a fee of $20 or 10 percent of the amount to be paid, whichever isgreater, in accordance with § 19.2-353.3.
29. For all services rendered, except in cases in which costs are assessedpursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, or 17.1-275.4, in anadoption proceeding, a fee of $20, in addition to the fee imposed under §63.2-1246, to be paid by the petitioner or petitioners. For each petition foradoption filed pursuant to § 63.2-1201, except those filed pursuant tosubdivisions 5 and 6 of § 63.2-1210, an additional $50 filing fee as requiredunder § 63.2-1201 shall be deposited in the Putative Father Registry Fundpursuant to § 63.2-1249.
30. For issuing a duplicate license for one lost or destroyed as provided in§ 29.1-334, a fee in the same amount as the fee for the original license.
31. For the filing of any petition as provided in §§ 33.1-124, 33.1-125 and33.1-129, a fee of $5 to be paid by the petitioner; and for the recordationof a certificate or copy thereof, as provided for in § 33.1-122, as well asfor any order of the court relating thereto, the clerk shall charge the samefee as for recording a deed as provided for in this section, to be paid bythe party upon whose request such certificate is recorded or order is entered.
32. For making up, certifying and transmitting original record pursuant tothe Rules of the Supreme Court, including all papers necessary to be copiedand other services rendered, except in cases in which costs are assessedpursuant to § 17.1-275.1, 17.1-275.2, 17.1-275.3, 17.1-275.4, 17.1-275.7,17.1-275.8, or 17.1-275.9, a fee of $20.
33. [Repealed.]
34. For filings, etc., under the Uniform Federal Lien Registration Act (§55-142.1 et seq.), the fees shall be as prescribed in that Act.
35. For filing the appointment of a resident agent for a nonresident propertyowner in accordance with § 55-218.1, a fee of $10.
36. [Repealed.]
37. For recordation of certificate and registration of names of nonresidentowners in accordance with § 59.1-74, a fee of $10.
38. For maintaining the information required under the Overhead High VoltageLine Safety Act (§ 59.1-406 et seq.), the fee as prescribed in § 59.1-411.
39. For lodging, indexing and preserving a will in accordance with § 64.1-56,a fee of $2.
40. For filing a financing statement in accordance with § 8.9A-505, the feeshall be as prescribed under § 8.9A-525.
41. For filing a termination statement in accordance with § 8.9A-513, the feeshall be as prescribed under § 8.9A-525.
42. For filing assignment of security interest in accordance with § 8.9A-514,the fee shall be as prescribed under § 8.9A-525.
43. For filing a petition as provided in §§ 37.2-1001 and 37.2-1013, the feeshall be $10.
44. For issuing any execution, and recording the return thereof, a fee of$1.50.
45. For the preparation and issuance of a summons for interrogation by anexecution creditor, a fee of $5. If there is no outstanding execution, andone is requested herewith, the clerk shall be allowed an additional fee of$1.50, in accordance with subdivision A 44.
B. In accordance with § 17.1-281, the clerk shall collect fees undersubdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A29 and A 31 to be designated for courthouse construction, renovation ormaintenance.
C. In accordance with § 17.1-278, the clerk shall collect fees undersubdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A29 and A 31 to be designated for services provided for the poor, withoutcharge, by a nonprofit legal aid program.
D. In accordance with § 42.1-70, the clerk shall collect fees undersubdivisions A 7, A 13, A 16, A 18 if applicable, A 20, A 22, A 24, A 26, A29 and A 31 to be designated for public law libraries.
E. The provisions of this section shall control the fees charged by clerks ofcircuit courts for the services above described.
(Code 1950, § 14-123, p. 614; 1952, c. 146; 1954, c. 138; 1956, c. 217; 1964,c. 386, § 14.1-112; 1966, c. 217; 1970, c. 522; 1971, Ex. Sess., c. 95; 1972,cc. 626, 627, 647; 1973, c. 159; 1974, cc. 370, 523; 1975, c. 226; 1976, c.344; 1977, cc. 449, 463; 1978, c. 502; 1980, c. 145; 1983, c. 103; 1984, cc.225, 356; 1985, cc. 94, 201; 1986, c. 538; 1988, cc. 49, 52; 1989, c. 595;1990, cc. 88, 738, 971; 1992, c. 784; 1993, cc. 95, 299, 386; 1994, cc. 64,432, 498, 842; 1995, cc. 51, 371, 440, 463, 525, § 14.1-111.1; 1996, cc. 344,976; 1997, cc. 215, 921; 1998, cc. 783, 840, 872; 1999, cc. 9, 1003; 2000,cc. 826, 830; 2001, cc. 481, 496, 501, 836; 2002, cc. 831, 832; 2004, c.1004; 2005, cc. 373, 681; 2006, cc. 318, 623, 718, 825; 2007, cc. 548, 626,646; 2009, c. 594; 2010, c. 874.)