506.369. Partial payment of court costs, when. — 1. If the court receiving a motion pursuant to section 506.366 determines that an offender is unable to pay the full amount of court costs due with respect to a case, the court shall assess a partial payment of the twenty percent of the greater of the following:
(1) The average monthly deposits to the offender's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee; or
(2) The average monthly balance in the offender's account for the six-month period immediately preceding the filing of the complaint or notice of appeal requiring the payment of a fee.
2. If a trial court has entered an order pursuant to subsection 1 of this section upon the filing of plaintiff's petition, the determination of the court shall apply to the case until final judgment is entered by either the trial or an appellate court.
Notes of Decisions
Cited in
9
cases, 1999–2019 · leading case:
Davis v. Kempker, 167 S.W.3d 721 (Mo. Ct. App. 2005).
Davis v. Kempker, 167 S.W.3d 721 (Mo. Ct. App. 2005).
· cites it 9× “Sections 506.369 and 506.372 provide for the partial payment of court costs in monthly installments until all the fees are paid in full.”
State ex rel. Nixon v. Moore, 108 S.W.3d 813 (Mo. Ct. App. 2003).
· cites it 7× “The Prisoner Litigation Reform Act, Section 506.369, RSMo.2000, states: 1. If the court .”
State ex rel. Nixon v. Koonce, 173 S.W.3d 277 (Mo. Ct. App. 2005).
· cites it 4× “In Point III, he claims that the trial court erred in ordering him to pay the full filing fee for this appeal because it violated § 506.369, which limits an inmate’s filing fee to a partial assessment based on the activity of his correctional center account for a six-month…”
State ex rel. Francis v. McElwain, 140 S.W.3d 36 (Mo. 2004).
· cites it 8× “The PLRA, and section 506.369 in particular, sets out requirements for the payment or partial payment of filing fees in civil actions brought by persons who are incarcerated.”
Harris v. Munoz, 6 S.W.3d 398 (Mo. Ct. App. 1999).
· cites it 5× “Harris had failed to timely file a partial filing fee as required by the Prisoner Litigation Reform Act, Section 506.369, RSMo Cum.Supp.1997. For the reasons set forth below, we find the trial court improperly dismissed his application for trial de novo, and remand with…”
Roberson v. State, 140 S.W.3d 634 (Mo. Ct. App. 2004).
· cites it 6× “366, section 506.369 provides a procedure for the court to order the indigent offender to make partial payment of court costs due with respect to the ease.”
State ex rel. Nixon v. Koonce, 168 S.W.3d 656 (Mo. Ct. App. 2005).
· cites it 4× “In Point III, he claims that the trial court erred in ordering him to pay the full filing fee for this appeal because it violated § 506.369, which limits an inmate's filing fee to a partial assessment based on the activity of his correctional center account for a six-month…”
State ex rel. Anderson v. Anderson, 186 S.W.3d 924 (Mo. Ct. App. 2006).
“5 However, even if either was brought under this act, the denial of the motions by the trial court on July 18, 2005 was a determination that Appellant was able to pay the full amount of the court costs, and that he was not entitled to the benefits of the act.”
Fredrico Lowe Bey v. Anne Precythe, 586 S.W.3d 781 (Mo. Ct. App. 2019).
· cites it 5× “On September 4, 2018, the court found Bey unable to pay the full amount of the filing fee of $40 and, pursuant to Section 506.369, RSMo 2016, found Bey must make an initial partial payment of $11.”
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.