O.C.G.A.
O.C.G.A.

O.C.G.A. § 9-15-4 (2019)

Deposit prior to filing by clerk; exception if affidavit of indigence filed; repayment of excess; exemptions

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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(a) A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.2, relating to fees of clerks of the superior courts,

has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of his indigence to pay the fee and the party files with the clerk an affidavit to such effect. (b) The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section. (c) Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2.

History

(Ga. L. 1890-91, p. 100, § 1; Civil Code 1895, § 5398; Civil Code 1910, § 5986; Code 1933, § 24-3406; Ga. L. 1945, p. 207, § 1; Ga. L. 1957, p. 405, § 2; Ga. L. 1958, p. 398, § 1; Ga. L. 1970, p. 497, § 4; Ga. L. 1971, p. 214, § 2; Ga. L. 1972, p. 664, § 5; Ga. L. 1981, p. 1396, § 2; Ga. L. 1986, p. 1002, § 4; Ga. L. 1991, p. 1051, § 2.)

Annotations

Law reviews. - For annual survey of law on trial practice and procedure, see 62 Mercer L. Rev. 339 (2010). JUDICIAL DECISIONS Clerk’s filing without deposit or affidavit not waiver of costs. - Clerk’s filing of a complaint without having received a deposit or an affidavit of indigence did not constitute a waiver of assessment of court costs against the complainant. Whitehead v. Lavoie, 176 Ga. 666, 337 S.E.2d 357 (1985). Contempt motion filed more than 30 days after judgment. - Plaintiff ’s motion for contempt for failure to comply with court-ordered postjudgment discovery that was submitted more than 30 days after judgment was considered a new proceeding within the meaning of O.C.G.A. § 15-6-77(e)(1) for purposes of calculating

the costs the superior court clerk was entitled to charge and collect. McFarland & Assocs., P.C. v. Hewatt, 242 Ga. App. 454, 529 S.E.2d 902 (2000). Cited in Harper v. Burgess, 225 Ga. 420, 169 S.E.2d 297 (1969); Hospital Auth. v. Stewart, 226 Ga. 530, 175 S.E.2d 857 (1970); Portis v. Evans, 249 Ga. 396, 291 S.E.2d 511 (1982); Rivergate Corp. v. Atlanta Indoor Adv. Concepts, Inc., 210 Ga. App. 501, 436 S.E.2d 697 (1993); Anderson v. Hardoman, 286 Ga. App. 499, 649 S.E.2d 611 (2007); Newton Timber Co., L.L.L.P. v. Monroe County Bd. of Tax Assessors, 755 S.E.2d 770 (2014).

OPINIONS OF THE ATTORNEY GENERAL Clerk may not be required to file any divorce case until deposit of amount due under former Code 1933, § 24-2727 (see now O.C.G.A. § 15-6-77) was made. 1969 Op. Att’y Gen. No. 69-99. Clerk of superior court may not

demand more than amount due as advance costs deposit under former Code 1933, § 24-2727 (see now O.C.G.A. § 15-6-77) for the filing of a divorce proceeding, although the clerk may accept such additional costs as the party volun-

teers to pay towards the total anticipated court costs of the proceeding. 1969 Op. Att’y Gen. No. 69-111. Appeals to superior court. - Party who files notice of appeal under former Code 1933, § 92-6912 (see now O.C.G.A. § 48-5-311(f )) was party bearing burden of cost deposit under former Code 1933, §§ 24-2727 and 24-3406 (see now O.C.G.A. §§ 9-15-4 and 15-6-77). 1974 Op. Att’y Gen. No. U74-46. Appellants contesting a decision rendered by a county board of equalization in superior court must pay the advance court cost deposit set forth in O.C.G.A. §§ 9-15-4 and 15-6-77. 1985 Op. Att’y Gen. No. U85-17. Taxpayers appealing from decisions of the state revenue commissioner pursuant to O.C.G.A. § 48-2-59 need only comply with the specific requirements of that section with regard to court costs; taxpayers need not pay the advance court cost deposit set forth in O.C.G.A. §§ 9-14-4 and 15-6-77. 1985 Op. Att’y Gen. No. U85-17. Appellants contesting the award of a special master need not pay the advance court cost deposit set forth in O.C.G.A.

§§ 9-15-4 and 15-6-77 if the appellants have properly paid the required costs for filing the initial condemnation petition. 1985 Op. Att’y Gen. No. U85-17. Clerk of superior court must refund portion of advance costs deposit exceeding actual costs. 1976 Op. Att’y Gen. No. U76-61. Advance deposit not increased by increase in sheriffs’ fees. - Increase in sheriffs’ fees under former Code 1933, § 24-2823 (see now O.C.G.A. § 15-16-21) did not serve to increase the amount designated in former Code 1933, § 24-3406 (see now O.C.G.A. § 9-15-4) as advance deposit, but must be collected at the termination of the case as were other costs. 1968 Op. Att’y Gen. No. 68-325. Sheriff ’s fees in addition to deposit. - Sheriff ’s fee set forth in the 1976 amendment to former Code 1933, § 24-2823 (see now O.C.G.A. § 15-16-21) should be paid at the clerk’s office at the time of filing, if required in a particular case; and that payment of the sheriff ’s fees was required in addition to the deposit for the clerk’s fees which were payable at the time of filing appropriate cases. 1976 Op. Att’y Gen. No. U76-37.

RESEARCH REFERENCES ALR. - Exception as regards payments to officers of court to rule preventing recovery back of payments made under mistake of law, 111 ALR 637.

Taxable costs and disbursements as including expenses for bonds incident to steps taken in action, 90 ALR2d 448.

Notes of Decisions
Cited in 10 cases (3 in the last 5 years), 1985–2026 · leading case: Whitehead v. Lavoie, 337 S.E.2d 357 (Ga. Ct. App. 1985).
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Whitehead v. Lavoie, 337 S.E.2d 357 (Ga. Ct. App. 1985). · cites it 8× “OCGA § 9-15-4 (a) authorizes a clerk of the superior court to refuse to file a complaint until such a deposit is paid, but it certainly contains no implicit, corollary authorization for the clerk to waive the county's right to such funds. As indicated above, if a litigant is…”
Fitzpatrick v. Madison Cnty. Bd. of Tax Assessors, 734 S.E.2d 397 (Ga. 2012). · cites it 4× “OCGA § 9-15-4 (a) provides: A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.”
Mckenzie v. Seaboard Sys. R., Inc., 326 S.E.2d 502 (Ga. Ct. App. 1985). · cites it 4× “The affidavit recited that the affiant “is, because of her poverty, unable to pay the advance filing costs as required by Section 24-2727 [OCGA § 15-6-77] of Georgia Code Annotated” and went on to recite, further, that “[t]his pauper’s affidavit is in lieu of payment of costs…”
Anderson v. Hardoman, 649 S.E.2d 611 (Ga. Ct. App. 2007). · cites it 2× “OCGA § 9-15-4 (a) provides: A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 and Code Section 15-6-77.”
McFarland & Assocs., P.C. v. Hewatt, 529 S.E.2d 902 (Ga. Ct. App. 2000). · cites it 2× “2 OCGA § 9-15-4 (a). 3 OCGA § 15-6-77 (d). 4 (Emphasis supplied.”
Newton Timber Co., L.L.L.P. v. Monroe Cnty. Bd. of Tax Assessors, 755 S.E.2d 770 (Ga. 2014). · cites it 2× “OCGA § 9-15-4 (a). *37 Thus, a board of tax assessors’ complete compliance with certification of a tax appeal becomes a matter of practical impossibility in the circumstance in which the required filing fee is not paid.”
CRA Transp., Inc. v. Rolls Royce Motors, Inc., 420 S.E.2d 757 (Ga. Ct. App. 1992). · cites it 2× “Plaintiffs cite OCGA § 9-15-4 and Uniform State Court Rule 36.”
Jennie L. Doyle v. Adon D. Haas (Ga. Ct. App. 2025). · cites it 2× “In granting Haas’ request for fees under OCGA § 9-15-4 (b), the trial court found as follows: 2 Doyle sought discretionary review of the trial court’s order both in this Court and the Georgia Supreme Court.”
The Howard Sch., Inc. v. Adalyn Squires, a Minor, by & Through Her Parents Richard Squirers (Ga. Ct. App. 2022). · cites it 2× “The Civil Practice Act, at OCGA § 9-15-4 (a), provides in part that “[a] clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77 [authorizing the collection of filing fees] .”
Everett B. Slay v. Stacie D. Ross (Ga. Ct. App. 2026). · cites it 2× “Slay next contends the trial court erred in awarding attorney fees against him under OCGA § 19-6-2 because it failed to consider the parties’ financial circumstances, and under OCGA § 9-15-4(b) because there was no evidence of frivolous conduct on his part.”
— 9-15-4(b) — 1 case
Everett B. Slay v. Stacie D. Ross (Ga. Ct. App. 2026). “Slay next contends the trial court erred in awarding attorney fees against him under OCGA § 19-6-2 because it failed to consider the parties’ financial circumstances, and under OCGA § 9-15-4(b) because there was no evidence of frivolous conduct on his part.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.