ARTICLE 2
CLERKS OF SUPERIOR COURTS
15-6-77.2. Costs for clerk's services in counties with populations of 640,000 or more; time for payment of costs; disposition of such costs.
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This Code section shall apply to all counties of this state having a population of 640,000 or more according to the United States decennial census of 1990 or any future such census.
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For purposes of this Code section, the term "domestic civil cases" means:
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Divorce cases;
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Alimony cases;
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Annulment cases;
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Separate maintenance cases; or
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A modification of decree in any of the matters specified in paragraphs (1) through (4) of this subsection.
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In all counties specified in subsection (a) of this Code section, the total costs for all services rendered by the clerk of superior court in domestic civil cases through judgment or dismissal shall be $58.00, plus $8.00 for each party other than the original plaintiff and defendant.
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In all civil cases other than those specified in subsection (c) of this Code section and those in which there is no adversary party against whom costs may be taxed, the total cost for all services rendered by the clerk of superior court through judgment or dismissal shall be $58.00, plus $8.00 for each party or intervenor other than one defendant and one plaintiff.
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The sums specified by subsections (c) and (d) of this Code section shall be paid to the clerk of superior court at the time of the filing of the original complaint except such sums as shall be due by reason of the addition of parties, which sums shall be paid to the clerk at the time such parties are added or a motion to add parties is filed, whichever event occurs first.
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The sums specified in subsections (c) and (d) of this Code section shall be in lieu of all other costs for the clerk in the civil cases specified in such subsections, but nothing in this Code section shall be construed so as to prohibit the collection of any other costs authorized by law for postjudgment proceedings or for any other services which the clerk or the sheriff shall perform.Nothing in this Code section shall be construed to affect in any way the power and authority of the superior courts of counties described in subsection (a) of this Code section from taxing costs in accordance with law, but no costs collected under this Code section shall be refunded by the clerk unless and until the same have been paid to the clerk by the losing party.
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All sums charged and collected by the clerks of superior court pursuant to this Code section shall be paid into the county treasury.
(Code 1933, § 24-2727B, enacted by Ga. L. 1979, p. 507, § 2; Ga. L. 1981, p. 532, § 1; Code 1981, §15-6-77.2, enacted by Ga. L. 1982, p. 2107, § 7; Ga. L. 1984, p. 500, § 1; Ga. L. 1992, p. 2046, § 1.)
JUDICIAL DECISIONS
Clerk of court may refuse to file a complaint
until the proper fees have been paid. Orr v. Culpepper, 161 Ga. App. 801, 288 S.E.2d 898 (1982).
Cited in
McKenzie v. Seaboard Sys. R.R., 173 Ga. App. 402, 326 S.E.2d 502 (1985); McFarland & Assocs., P.C. v. Hewatt, 242 Ga. App. 454, 529 S.E.2d 902 (2000).