House of Representatives

HB 2085

courts; fees; waiver and deferral

Sponsors: Representatives Binder, Camarot, Loredo et al

X	Committee on Judiciary
	Caucus and COW
	As Passed the House

HB 2085 clarifies the standards and processes for deferral and waiver of court fees and costs.

History

In 1997, the Legislature revised state law pertaining to the court’s ability to defer or waive specified filing fees and court costs otherwise required to be paid in civil cases. The law prioritizes deferral of fees over waiver and specifies that proof of permanent inability to pay is the sole ground for a waiver of fees. Applicants for a deferral of fees must acknowledge under oath that they understand that a consent judgement will automatically be entered against them for any unpaid fees.

Provisions

· Clarifies statutory language relating to the process by which the courts grant deferrals and waivers of fees and court costs.

· Defines permanent inability to pay.

· Broadens the court’s discretion to enter a consent judgement.

· Expands the class of individuals who are exempt from a consent judgement.

· Requires the applicant to reimburse the county for service by publication and court reporter’s fees if the deferral is granted.

· Stipulates that an individual may be required to submit a new application for a deferral or waiver of fees or costs if a court judgement is appealed.

· Removes language that makes persons filing for specified civil actions ineligible for fee deferrals.

· Specifies which incarcerated individuals may not be granted a fee waiver.

· Defines further deferral.

· Makes technical and conforming changes.

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· 45th Legislature

· First Regular Session 2 February 5, 2001

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