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Chapter 488

previous next Effective - 28 Aug 1997bottom

  488.020.  Collection of court costs, when, how. — Except as otherwise provided by law, all court costs are payable prior to the time the service is rendered; provided that if the amount of such court cost cannot be readily determined, then the clerk shall collect a deposit based upon the likely amount of such court cost, and the balance of such court cost shall be payable immediately upon ascertainment of the proper amount of said court cost.  An official may refuse to perform any service in any action or proceeding, other than a criminal proceeding or when costs are waived as provided by law, until the court costs are paid.  Failure to collect the court cost shall not affect the validity of the court cost or service.  The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due.  If any court cost is not paid when due, the following actions may be taken:

  (1)  Upon notification by the court or clerk to the party from whom the court cost is due or such party's attorney, and upon the failure to pay the court cost after such notice, the court may dismiss the action or any claim by the defaulting party which is part of the action, without prejudice to the party;

  (2)  The court may refuse to enter any order or judgment in favor of the defaulting party, or if within the time period allowed by law before the order or judgment is final, may withdraw such order or judgment;

  (3)  Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars.  Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law.  The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs.  The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision.  Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed.  No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;

  (4)  Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.

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(L. 1996 S.B. 869 § 514.015 subsec. 9, A.L. 1997 S.B. 248)


---- end of effective   28 Aug 1997 ----

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