61-2704. Commencement of action; fees and costs; authorized only by legislative enactment; limit on number of claims.
61-2704
61-2704. Commencement of action; fees and costs;authorized only by legislative enactment; limit on number of claims.(a) An action seeking the recovery of a small claim shall be considered to havebeen commenced at the time a person files a written statement of the person'ssmall claim with the clerk of the court if, within 90 days after the smallclaim is filed, service of process is obtained or the first publication is madefor service by publication. Otherwise, the action is deemed commenced at thetime of service of process or first publication. An entry of appearance shallhave the same effect as service.
(b) Upon the filing of a plaintiff's small claim, the clerk of the courtshall require from the plaintiff a docket fee of $39 on andafter July 1, 2009 through June 30, 2013,and$37 on and after July 1, 2013, if the claim does notexceed $500; or $59 on and after July 1,2009 through June 30, 2013, and $57 onand after July1, 2013, if the claim exceeds $500; unless for good causeshown the judgewaives the fee. The docket fee shall be the only costs required in an actionseeking recovery of a small claim. No person may file more than 20 small claimsunder this act in the same court during any calendar year.
(c) Except as provided further, the docket fee established in thissectionshall be the only fee collected or moneys in the nature of a fee collected forthe docket fee. Such fee shall only be established by an act of the legislatureand no other authority is established by law or otherwise to collect a fee.On andafter July 1, 2009 through June 30, 2010, the supreme court may impose anadditional charge, not to exceed $10 per docketfee, to fund thecostsofnon-judicial personnel.
History: L. 1973, ch. 239, § 4;L. 1974, ch. 242, § 1;L. 1982, ch. 116, § 11;L. 1986, ch. 222, § 2;L. 1990, ch. 202, § 35;L. 1992, ch. 128, § 16;L. 1996, ch. 234, § 17;L. 2000, ch. 177, § 8;L. 2006, ch. 20, § 1;L. 2006, ch. 195, § 19;L. 2007, ch. 195, § 32;L. 2008, ch. 95, § 15;L. 2009, ch. 116, § 25;L. 2009, ch. 143, § 22; July 1.