600.1986 Electronic filing system fee; collection; waiver; governmental entity as party; automated payment service fee.

Sec. 1986.

    (1) Beginning March 1, 2016, if a fee for commencing a civil action is authorized or required by law, in addition to that fee, the clerk shall also collect an electronic filing system fee, subject to section 1993, as follows:

    (a) For civil actions filed in the supreme court, court of appeals, circuit court, probate court, and court of claims, $25.00.

    (b) Except as provided in subdivisions (c) and (d), for civil actions filed in the district court, including actions filed for summary proceedings, $10.00.

    (c) For civil actions filed in district court if a claim for money damages is joined with a claim for relief other than money damages, $20.00.

    (d) For civil actions filed in the small claims division of district court, $5.00.

    (2) Subject to section 1991, the clerk shall collect the electronic filing system fee listed under subsection (1) from the party at the time the civil action is commenced, whether or not the document commencing the civil action was filed electronically.

    (3) If the court waives payment of a fee for commencing a civil action because the court determines that the party is indigent or unable to pay the fee, the court shall also waive payment of the electronic filing system fee.

    (4) A party that is a governmental entity is not required to pay an electronic filing system fee.

    (5) The clerk may accept automated payment of any fee being paid to the court. If the bank or other electronic commerce business charges the court or court funding unit a merchant transaction fee, the clerk may charge the person paying the fee an additional automated payment service fee as authorized by the state court administrative office. The amount of the automated payment service fee shall not exceed the actual merchant transaction fee to be charged to the court or court funding unit for accepting an automated payment by a bank or other electronic commerce business, or 3% of the automated payment, whichever is less.