REVISED JUDICATURE ACT OF 1961
Act 236 of 1961
600.4803 Penalty, fee, or costs; failure to pay as subject to late penalty; waiver; disposition of late penalty; "funding unit" defined.
Sec. 4803.
(1) Except as otherwise provided in subsection (3), a person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed. The court shall inform a person subject to a penalty, fee, or costs that the late penalty will be applied to any amount that continues to be unpaid 56 days after the amount is due and owing. Penalties, fees, and costs are due and owing at the time they are ordered unless the court directs otherwise. The court shall order a specific date on which the penalties, fees, and costs are due and owing. If the court authorizes delayed or installment payments of a penalty, fee, or costs, the court shall inform the person of the date on which, or time schedule under which, the penalty, fee, or costs, or portion of the penalty, fee, or costs, will be due and owing. A late penalty may be waived by the court upon the request of the person subject to the late penalty.
(2) Within 30 days after receiving a late penalty, the clerk of the court shall transmit the amount received to the treasurer or chief financial officer of the funding unit of the court, for deposit in the general fund of the funding unit.
(3) This section does not apply to a juvenile or a parent, guardian, or legal custodian of a juvenile within the jurisdiction of the court under section 2 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2.
(4) As used in this section, "funding unit" means 1 of the following as applicable:
(a) For the circuit court, each county in the circuit.
(b) For the recorder's court of the city of Detroit, the county.
(c) For the district court, the district funding unit of the district, as defined in section 8104.
(d) For a municipal court, the political unit where the municipal court is located.
History: Add. 1993, Act 317, Eff. Jan. 1, 1994 ;-- Am. 1996, Act 374, Eff. Oct. 1, 1996 ;-- Am. 2023, Act 292, Eff. Oct. 1, 2024
Notes of Decisions
Cited in
32
cases (
2 in the last 5 years), 2008–2024 · leading case:
People v. Jackson, 769 N.W.2d 630 (Mich. 2009).
People v. Jackson, 769 N.W.2d 630 (Mich. 2009).
· cites it 3× “4801 and MCL 600.4803 may be imposed for fees that were not paid within 56 days of their due date.”
In re James, 821 N.W.2d 144 (Mich. 2012).
· cites it 2× “205(A); Code of Judicial Conduct, Canons 1,2(A) through (C), 3(A)(1) and (2), 3(B)(1), and 6(B); MCL 600.4803; MCL 600.8379; MCL 750.174; *559 MCL 750.”
People v. Jackson, 759 N.W.2d 401 (Mich. 2009).
“ld govern a trial court’s determination whether a defendant should be responsible for the repayment of attorney fees and when repayment should begin, including what consideration, if any, should be given to a defendant’s other financial obligations (such as restitution or child…”
People v. Ransom, 751 N.W.2d 35 (Mich. 2008).
· cites it 2× “The 20 percent late fee arises from MCL 600.4803(1), which provides: A person who fails to pay a penalty, fee, or costs[ [5] ] in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed.”
People of Michigan v. Ryan David Devellis (Mich. Ct. App. 2016).
· cites it 5× “[5] Defendant’s argument is essentially that in relation to the class of indigent defendants, the late penalty under MCL 600.4803 is subject to the same equal-protection and due-process principles outlined in Jackson that were applicable to the initial assessment of attorney…”
People of Michigan v. Jerry Damone Cole (Mich. Ct. App. 2017).
· cites it 5× “MCL 600.4803(1) provides for the imposition of a 20% late payment penalty when a defendant fails to pay fees or costs in full within 56 days of the due date.”
People of Michigan v. Jerry Damone Cole (Mich. Ct. App. 2017).
· cites it 5× “MCL 600.4803(1) provides for the imposition of a 20% late payment penalty when a defendant fails to pay fees or costs in full within 56 days of the due date.”
People v. Rounsoville, 751 N.W.2d 25 (Mich. 2008).
· cites it 2× “The 20 percent late fee arises from MCL 600.4803(1), which provides: A person who fails to pay a penalty, fee, or costs[ [5] ] in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed.”
People of Michigan v. Nicholas Matthew Ross (Mich. Ct. App. 2018).
· cites it 4× “MCL 600.4803(1) provides: A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed.”
People of Michigan v. Nicholas Matthew Ross (Mich. Ct. App. 2018).
· cites it 4× “MCL 600.4803(1) provides: A person who fails to pay a penalty, fee, or costs in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed.”
People of Michigan v. Phillip Edward Shenoskey (Mich. Ct. App. 2017).
· cites it 3× “Defendant’s second argument is that the provision of MCL 600.4803 that imposes a 20% penalty for failure to pay a penalty, fee or cost within 56 days that it is due is unconstitutional.”
— Mich. Comp. Laws § 600.4803(1) — 29 cases
People v. Jackson, 769 N.W.2d 630 (Mich. 2009).
“4801 and MCL 600.4803 may be imposed for fees that were not paid within 56 days of their due date.”
People v. Jackson, 759 N.W.2d 401 (Mich. 2009).
“ld govern a trial court’s determination whether a defendant should be responsible for the repayment of attorney fees and when repayment should begin, including what consideration, if any, should be given to a defendant’s other financial obligations (such as restitution or child…”
People v. Ransom, 751 N.W.2d 35 (Mich. 2008).
“The 20 percent late fee arises from MCL 600.4803(1), which provides: A person who fails to pay a penalty, fee, or costs[ [5] ] in full within 56 days after that amount is due and owing is subject to a late penalty equal to 20% of the amount owed.”
People of Michigan v. Jerry Damone Cole (Mich. Ct. App. 2017).
“MCL 600.4803(1) provides for the imposition of a 20% late payment penalty when a defendant fails to pay fees or costs in full within 56 days of the due date.”
People of Michigan v. Jerry Damone Cole (Mich. Ct. App. 2017).
“MCL 600.4803(1) provides for the imposition of a 20% late payment penalty when a defendant fails to pay fees or costs in full within 56 days of the due date.”
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