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4-304Rule 4-304. Assessment and collection of filing fees in mattersnot commenced by the filing of a complaint or petition.

Intent:

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

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

Applicability:

This rule shall apply to the District Courts and the state, its agenciesor political subdivisions except the Office of Recovery Services. Thisrule shall apply to all administrative judgments, warrants, liens, or similardocuments (except as amended) which are filed with the clerk in mattersnot commenced by the filing of a complaint or petition and to all subsequentdocuments which are filed for the purpose of enforcing the judgment, warrantor lien. For purposes of this rule, the term complaint shall include affidavitscommencing small claims actions.

Statement of the Rule:

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

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

(3) Accounting and reporting. The entity commencing the action shallestablish a procedure for accounting for those amounts received in satisfactionof the filing fees. No later than 30 days after the end of each fiscalyear, a report shall be submitted to the Administrative Office which identifiesthe number of actions filed, the amount of fees imposed, the amounts determineduncollectible, and the amount of fees collected. No report is requiredwhen the state, agency or political subdivision did not commence any civilmatters during that year.

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

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

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

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

(C) Ensure that an order of dismissal or final satisfaction of judgmentis not entered until the fees have been remitted to the court or statetreasurer.

(6) Responsibility of the state, its agencies and political subdivisions.In all matters governed by this rule, the state, its agencies or politicalsubdivisions 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 andtransmit to the clerk of the court or deposit fees received with the statetreasurer not less frequently than quarterly.

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

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