CIVIL AND FAMILY CASES

Transcription

1 ================================================================ CIVIL AND FAMILY CASES FILING AND SERVICE FEES Effective September 1, 2015 (updated) Page 1 of 21

2 TABLE OF CONTENTS ======================================================== I. CIVIL FEES A. Fees due at the time of filing a new civil suit...page 3 B. Fees due when the service is performed or requested...page 4-6 II. FAMILY FEES A. Fees due at the time of filing a new family suit...page 7-8 B. Fees due when the service is performed or requested...page 9-11 III. HARRIS COUNTY CIVIL PROCESS SERVICE FEES...Page ========================================================= HOW TO USE THE SCHEDULE OF COURT COST This schedule separates the fees for filing of pleadings; issuance of citations, notices and writs; and the service of process/issuance. To determine the amount of cost, please calculate: Applicable Filing Fee + Process Issuance Fee + Fee for Serving Process = Total Fee Please see our website at for further information Page 2 of 21

3 ========================================================================= FEES DUE AT THE TIME OF FILING NEW SUIT - CIVIL CASE ========================================================================= District Clerk filing fee code 100 (51.317(b)1 Gov t Code) Judicial Fund filing fee code 450 (Local Gov t Code (a)( 2)) Judiciary Support fee code 453(Local Gov t Code ) Law Library fee code 475 (Local Gov t Code (a)) (does not include tax suits) Dispute Resolution Fund Fee Code 601 (Civil Practice and Remedies Code ) (does not include tax suits) Appellate Judicial Fund Fee Code 775 (does not apply to suit filed by County or Tax Suit) (V.T.C.A (b)) Records Management and Preservation Fee Code 198/199 (Gov t Code (b)(4)) Security Service fee code 195 (Local Gov t Code (a)) Court Reporter service fee code 525 (does not apply to Tax Suit) (Gov t Code ) State Bar Indigent Legal Fee Code 452 (Gov t Code (a) (2) District Clerk Records Archive Fee Code 175 (SB1685 and Gov t Code ) District Clerk Records Digital Record Preservation Fee Code 176 (HB 3637 and Gov t Code (a) Electronic Filing Fee Code 178 (HB 2302) FILING FEE NEW SUIT (CIVIL ONLY, NO SERVICE) Electronic Filing DCO Fee Code 179 (HB 2302) 2.00 (b1) The fees for filing a suit, including an appeal from an inferior court are: , for a suit with at least 11 but not more than 25 plaintiffs; , for a suit with at least 26 but not more than 100 plaintiffs; , for a suit with at least 101 but not more than 500 plaintiffs; , for a suit with at least 501 but not more than 1,000 plaintiffs; and , for a suit with 1,001 or more plaintiffs Page 3 of 21

4 Case Category Code Case Type Codes and Fee Fees For New Case Filings Civil is unless otherwise specified. Civil Contract Debt/Contract - Consumer/DTPA Debt/Contract - Debt/Contract Debt/Contract - Fraud/Misrepresentation Debt/Contract - Other Foreclosure - Home Equity-Expedited Foreclosure - Other Franchise Insurance Landlord/Tenant Non-Competition Partnership Other Contract Civil - Employment Discrimination Retaliation Termination Workers' Compensation Other Employment Civil Injury or Damage Assault/Battery Construction Defamation Malpractice - Accounting Page 4 of 21

5 Malpractice Legal Malpractice - Medical Malpractice - Other Professional Liability Motor Vehicle Accident Premises Product Liability - Asbestos/Silica Product Liability - Other Other Injury or Damage Civil Other Civil Administrative Appeal Antitrust/Unfair Competition Bill of Review Code Violations Communicable Disease Foreign Judgment Fraudulent Lien (15.00) Intellectual Property Lawyer Discipline Other Civil Perpetuate Testimony Securities/Stock Tortious Interference Toll Road Civil Related to Criminal Matters Expunction Seizure/Forfeiture Page 5 of 21

6 Sexual Predator (Health & Safety Code 841) Writ of Habeas Corpus - Pre-indictment (no State electronic fees added) Other Civil Real Property Condemnation Eminent Domain Other Property Partition Quiet Title Trespass to Try Title Civil Tax Tax Appraisal Tax Delinquency (217.00) Other Tax (219.00) Application for Garnishment (Before or After) Commission for Deposition or Letter of Rogatory (Gov t Code (b)(2) and ; SB1685) (Does not include subpoena fee of 8.00) Deposition before suit or to investigate claim Petition (Rule 202) (Gov t Code and SB1685) Transfer venue to Harris County (Gov t Code ) (includes State Bar Indigent Legal and District Clerk Records Archive Fee) (SB1685 and Gov t Code ) Page 6 of 21

7 ========================================================================== FEES DUE AS SERVICE IS PERFORMED OR REQUESTED ========================================================================== Abstracting a judgment (Gov t Code (b)(5)) Bond approval (Gov t Code (b)(10)) Certified copy of a record, judgment, order, pleading, or paper on file, or, of record in the District Clerk s Office, including certificate and seal, for each page or part of a page (Gov t Code (b)(11)) 1.00 Certified or registered mail service (Citation) (Gov t Code (2)) Certified or registered mail service (Writ) (Gov t Code (2)) Citation (include one copy) (Gov t Code (b)(4) and (b)(2)) Citation (with 2 copies) for each defendant served by and through the Commissioner of Insurance, Secretary of State, or Texas Highway Commission Cross-action/Counterclaim (Gov t Code (b)(2)) (includes security,legal service fee, electronic filing fee, records management and preservation fees) (Gov t Code (b)(4); and SB1685) Expunction of records notice (Order Setting Hearing and Final Order, per agency) Notice by Certified Mail Electronic Notification 3.00 Fraudulent Court Record, Fraudulent Lien or Claim Filed Against Real or Personal Property (New Suit) (Chapter 12, Civil Practice and Remedies Code) (Fee for Service of Notice of an action under this section is 20 if the notice is delivered in person; or, the cost of postage if the service is by registered or certified mail) Habeas Corpus (as an additional filing) (no State electronic fees have been added) Interpleader (as an additional filing) As a new suit Page 7 of 21

8 Intervention (Gov t Code (b)(2)) (includes security, State Bar Indigent Legal, records management and preservation and archives fees) (Gov t Code (b)(4); and SB1685) Jury fee (Gov t Code (a)) Motion for Contempt Motion for new trial (Gov t Code (b)(2)) (Gov t Code (b)(4); and SB1685) Noncertified copy of a record, judgment, order, pleading, or paper on file, or, of record in the District Clerk s Office, including certificate and seal, for each page or part of a page (Gov t Code (b) (7)) Notice of an action of Fraudulent Court Record, Fraudulent Lien or Claim filed against Real or Personal Property delivered in person Notice of an action of Fraudulent Court Record, Fraudulent Lien or Claim filed against Real or Personal Property delivered by registered or certified mail... Cost of Postage Occupational/Restricted driver s license petition (includes State Bar Indigent Legal Fee) Order of sale (Gov t Code (b) (2)) File with Civil/Family Post Judgment Department Other writ or process not otherwise provided for, including one copy (Gov t Code (b)(4) and (b)(2)) Searching files or records to ascertain the existence of an instrument or record in the District Clerk s Office (Gov t Code (b) (4)) Searching files or records to locate a cause when case number or SPN is not provided (Gov t Code (b)(3)) Security fee on additional filings (Local Gov t Code (d)) Service by Constable, Civil Process Fees: See Attached Listing of Harris County Civil Process Service Fees Effective January 1, 2015 as Approved by Commissioners Court. Statement of cost (Gov t Code )(3)) Subpoena, including one copy (Gov t Code (b)) Page 8 of 21

9 Third party action (V.T.C.A (b)(2) (Gov t Code (b)(4)) Writ of attachment (Gov t Code (b)(2)) Writ of error (plus 1 per page per petition) Writ of execution (Gov t Code (b)(2)) Writ of garnishment (Gov t Code (b)(2)) Writ of injunction (Gov t Code (b)(2)) Writ of possession (Gov t Code (b)(2)) Writ of procedendo Writ of sequestration (Gov t Code (b)(2)) Writ of turnover (Gov t Code (b)(2)) Page 9 of 21

10 ========================================================================== FEES DUE AT THE TIME OF FILING A NEW SUIT DIVORCE/ANNULMENT (Unless otherwise noted) ========================================================================== District Clerk filing fee (Gov t Code (b)1) Judicial Fund filing fee (Local Gov t Code (a)(1)) Judiciary Support fee (Local Gov t Code ) Law Library fee (Local Gov t Code (a)) Family Protection Fee (Gov t Code ) Domestic Relations Fee (Texas Family Code (a)1) Court reporter service fee (Gov t Code ) Child Support Fee (Texas Family Code (a) 2) Dispute Resolution Fee (Civil Practice and Remedies Code ) Records Management and Preservation Fund (Gov t Code ) Appellant Judicial Fund (V.T.C.A (b)) Security Service Fee (Local Gov t Code ) State Bar Indigent Legal Fee (Gov t Code (a) (3)) Certified Copy to Bureau of Vital Statistics (Health & Safety Code Ch. 191) District Clerk Records Archive Fee (SB1685 and Gov t Code ) Digital Record Preservation Fee (Govt. Code (a)) Electronic Filing Fee (as of September 1, 2015) Electronic Filing DCO Fee Code 179 (HB 2302) 2.00 Page 10 of 21

11 ========================================================================== FEES DUE AT THE TIME OF FILING A NEW SUIT OTHER FAMILY MATTERS ========================================================================== CUSTODY DECLARATORY JUDGMENT (to electronically file use Category-Other Family Law/Case Type- Other) PARTITION SUIT AFFECTING THE PARENT CHILD RELATIONSHIP TRANSFER OF VENUE TO HARRIS COUNTY Case Category Code Family Family/Juvenile Marriage Relationship Case Type Codes Annulment with Children Annulment No Children -Includes Child Support and DRO Fees; Excludes 2 Certified Copy Judgment Fee Declare Marriage Void - Includes Child Support and DRO Fees; Excludes 2 Certified Copy Judgment Fee Divorce with Children Divorce No Children- Includes Child Support and DRO Fees; Excludes 2 Certified Copy Judgment Fee Page 11 of 21

12 Family/Juvenile - Other Family Law Adult Adoption Register Foreign Judgment Garnishment (Before and After) Habeas Corpus Filed as Additional Habeas Corpus (State electric efiling fee not charged) Name Change Minor and Adult Protective Order Removal of Disabilities of Minority Unaccompanied Alien Child Other Family/Juvenile - Parent-Child Relationship Adoption/Adoption with Termination- One child - Includes 15 Central Adoption Registry fee, and 2 Certified SDPW Fee. Add 1 for each additional child.) 2 Child Protection Child Protection (Gov. Code ) Child Support Custody or Visitation Gestational Parenting Grandparent Access Parentage/Paternity/Voluntary Legitimation Termination of Parental Rights Other Parent-Child Page 12 of 21

13 Family/Juvenile Post-judgment Actions Enforcement Modification Custody Modification Other Family/Juvenile - Title IV-D (OAG Use Only) (Title IV-D OAG Use Only) Establishment (Title IV-D OAG Use Only) Paternity (Title IV-D OAG Use Only) Interstate No TX Cause (Title IV-D OAG Use Only) Interstate Existing TX Cause (Title IV-D OAG Use Only) Enforcement (Title IV-D OAG Use Only) Intervention (Title IV-D OAG Use Only) Other Billed (Title IV-D OAG Use Only) Other Not Billed (Title IV-D OAG Use Only) Capias/Writ (Title IV-D OAG Use Only) Service Documents New Case Affidavit of Indigency Application Petition Transfer (County Use Only) (Title IV-D OAG Use Only) Establishment Subsequent Filings Affidavit of Indigency Amended Filing Answer/Contest/Response/Waiver Bond Counter Claim/Cross Action/Intervention/ Third Party Page 13 of 21

14 (Title IV-D OAG Use Only) Paternity (Title IV-D OAG Use Only) Interstate No TX Cause (Title IV-D OAG Use Only) Interstate Existing TX Cause (Title IV-D OAG Use Only) Enforcement (Title IV-D OAG Use Only) Intervention (Title IV-D OAG Use Only) Other Billed (Title IV-D OAG Use Only) Other Not Billed (Title IV-D OAG Use Only) Capias/Writ (Title IV-D OAG Use Only) Service Documents Motion (No Fee) Motion for Contempt Motion for Enforcement Motion for New Trial Motion to Modify Motion to Modify and Enforce Motion to Reinstate Motion to Revoke/Suspend/Withhold Motion to Stay Motion to Terminate Wage Withholding Motion to Transfer Notice Notice of Appeal Notice of Delinquency No Fee Documents Proposed Order Request (Title IV-D OAG Use Only) Establishment (Title IV-D OAG Use Only) Paternity (Title IV-D OAG Use Only) Interstate No TX Cause (Title IV-D OAG Use Only) Interstate Existing TX Cause (Title IV-D OAG Use Only) Enforcement (Title IV-D OAG Use Only) Intervention Page 14 of 21

15 (Title IV-D OAG Use Only) Other Billed (Title IV-D OAG Use Only) Other Not Billed (Title IV-D OAG Use Only) Capias/Writ (Title IV-D OAG Use Only) Service Documents PARTY TYPES For any case that is a Title IV-D case, the court will require one (1) Petitioner and two (2) Respondents as party types. ADDITIONAL FEES PLEADINGS ========================================================================= Cross-action/Counterclaim (Gov t Code (b)(2) includes security, State Bar Indigent Legal and record management and preservation fees) Intervention (Gov t Code (b)(2) includes security, State Bar Indigent Legal and record management and preservation fees) ADDITIONAL FEES PLEADINGS AFTER JUDGMENT ========================================================================= Motion for Enforcement of an Order w/children (Texas Family Code & ; includes Security and DRO Fee) Motion to Modify a Decree w/children (Texas Family Code and ; includes Security and DRO Fee) Motion for New Trial (Gov t Code (b)(2); includes security, State Bar Indigent Legal and record management and preservation fees) Motion to Transfer Venue Out of Harris County (Texas Family Code ; includes Security Fee) Motion for Suspension of License (Family Code (a) includes Security Fee) Page 15 of 21

16 Motion to Revoke a Stay of License Suspension (Family Code (a) includes Security Fee) ADDITIONAL FEES SERVICE ========================================================================= Citation (include one copy) (Gov t Code (b)(3)) & (b)(2) Precept (Gov t Code (b)(3) & (b)(2)) Other writ or process not otherwise provided for (including one copy, Gov t Code (b)(2)) Subpoena, including one copy (Gov t Code (b)) Writ of attachment (Gov t Code (b)(2)) Writ of injunction, temporary restraining order (Gov t Code (b)(2)) Writ of garnishment (Gov t Code (b)(2)) Notice of order suspending license, order vacating or staying an order suspending license (for each order mailed; Family Code (c) & (b)) Certified or registered mail service (Gov t Code (2)) Citation Certified or registered mail service (Gov t Code (2)) Writ ADDITIONAL FEES MISCELLANEOUS =========================================================================== Jury Fee (Gov t Code (a)) Writ of withholding earnings for child support (Family Code ) Notice of application of judicial writ of withholding (Family Code (a), includes Security Fee) Certificate of No Appeals Certified copy of a record, judgment, order, pleading, or paper on file, or of record in the District Clerk s Office, including certificate and seal, 1 for each page or part of a page (Gov t Code (b)(11)) Non-certified copy of a record, judgment, order, pleading, or paper on file, or of record in the District Clerk s Office, including certificate and seal, 1for each page or part of a page (Gov t Code (b)(11)) Page 16 of 21

17 Name Change Application and Certificate (Family Code 3.64 & ) Searching files or records to ascertain the existence of an instrument or record in the District Clerk s Office (Gov t Code (b)(4)) Searching files or records to locate a cause when docket number is not provided (Gov t Code (b)(3)) Abstracting a judgment (Gov t Code (b)(5)) Bond approval (Gov t Code (b)(6)) Order of sale (Gov t Code (b)(2)) Writ of execution (Gov t Code (b)(2)) Writ copy filed w/ District Clerk (Family Code , includes Security Fee) Writ request filed w/ District Clerk (Family Code , includes Security Fee) Page 17 of 21

18 Service by Constable, Civil Process Fees: See attached listing of Harris County Civil Process Service Fees Effective January 1, 2015 as approved by Commissioners Court efiling Category Filing Type Filing Fee Constable - Service by LEA (OAG only) Constable - Posting Constable - Publication Constable - Certified Mail Constable - All Other Constable - All Other Constable - Writ Title IV-D - Service of Process by LEA (OAG use only) Certiorari Citation Citation - Tax Harris County Citation - Tax Suit Out of County Deposition Subpoena Expedited Service (added to any other fee) Notice Posting Writ of Citation Precept Publication of Citation Scire Facias Show Cause Subpoena Summons Summons and Complaint Requesting Certified Mail Garnishment Writ Fee Title IV-D - Capias Apprehension Attachment Page 18 of 21

19 Constable - Writ Constable - Order of Sale Constable - Order of Sale Constable - Writ Constable - Tax Publication Constable - Writ Constable - Writ Constable - Writ Constable - Writ Constable - Tax Sale Constable - Tax Sale Civil Capias Execution (Writ) Execution and Order of Sale (Writ) Possession Publication of Tax Sale Retraining Order Title IV-D - Capias Services Through 1st Attempt Turnover Order Writ-Any Other (includes non-oag Title IV-D capias) Tax Sale - Sold or Cancelled Tax Warrant Page 19 of 21

20 Harris County Civil Process Service Fees HARRIS COUNTY CIVIL PROCESS SERVICE FEES (FOR SERVICE WITHIN HARRIS COUNTY) Effective January 1, 2015 ATTACHMENT POSSESSION ANY OTHER PROCESS POSTING OF CITATION CERTIORARI PRECEPT CHILD CUSTODY WARRANET PUBLICATION OF CITATION CIVIL CAPIAS REPLEVY BOND CITATION RESTRAINING ORDER CITATION-TAX SUIT-HARRIS COUNTY SCIRE FACIAS CITATION-TAX SUIT-OUT OF COUNTY SEQUESTRATION COMMITMENT SERVICE BY MAIL-ADDED TO FEES LISTED CONSTABLE SALE POSTING (EA.) SHOW CAUSE DEED OR BILL OF SALE (EA.) SMALL CLAIMS DELIVERY BOND SUBPOENA DEPOSITION SUBPOENA SUMMONS DISTRESS WARRANT SUMMONS AND COMPLAINT EXECUTION(Writ) TAX RESALE Sold or Cancelled EXECUTION AND ORDER OF SALE TAX SALE - Sold or Cancelled EXPEDITED SERVICE (Added To TAX WARRANT Any Other Fee) TAX SUIT PULICATION FINGERPRINTING TEMPORARY RESTRAINING ORDER FORCIBLE (EVICTION) TITLE IV-D CAPIAS- SERVICE THROUGH FIRST ATTEMPT GARNISHMENT TITLE IV-D CAPIAS- APPREHENSION FEE (2) GARNISHMENT APPLICATION TRUSTEE SALE POSTING (EA.) HABEAS CORPUS TURNOVER ORDER INJUNCTION TURNOVER ORDER W/LEVY FOR RECEIVER WRIT OF REENTRY Misc Letters Per Page 2.00/PG WRIT OF RESTORATION OF UTILITY SERVICE LOCAL BACKGROUND CHECK w/letter WRIT ANY OTHER MENTAL HEALTH TRANSPORT FEE WRITS ADDITIONAL FESS PER HOUR/PER DEPUTY AFTER THREE HOURS Page 20 of 21

21 NOTICE Service fees shall be charged for multiple parties or process for each party. Sales of real property including multiple tracts shall be charged the corresponding type of sale fee for each tract or parcel. Constable s commission on an execution or an order of sale, in addition to the fees above, when the same is made by a sale, for the first One Hundred Dollars (100) or less, ten percent (10%); for the second One Hundred Dollars (100), seven percent (7%); for all sums over Two Hundred Dollars (200) and not exceeding One Thousand Dollars (1000), four percent (4%); for all sums over One Thousand Dollar (1000) and not exceeding Five Thousand Dollars (5000) two percent (2%); for all sums over Five Thousand Dollars (5000), one percent (1%). For Writs and Orders that do not go to final sale but Constable has made demand on the defendant, one-half (1/2) of the above commission will be collected. Tax sales Sold or Cancelled and Tax Resale s Sold or Cancelled shall include fees and commissions necessary to effectuate a sale (including all required notices, constable sale posting, preparation of a tax deed, additional tax deeds will be charged at a rate of each for preparation and/or review), and execution and order of sale fees, if any, regardless of whether the sale takes place or is cancelled. FOR SERVICE OF PROCESS OUT OF HARRIS COUNTY THE ABOVE FEES ALONG WITH THE FEE SCHEDULE TITLED HARRIS COUNTY CONSTABLES EXPENSE FOR OUT OF COUNTY PROCESS /WRITS OF ATTACHMENT EFFECTIVE JANUARY 1, 2011 SHALL BE COMBINED. Page 21 of 21