Defendant Filing Fees in Evictions

Current law establishes a schedule of filing fees for litigants in civil actions in county courts. The act eliminates the fee for a defendant filing an answer in an eviction proceeding.

Current law permits a party to submit and a county court to grant a motion to waive filing fees in a residential eviction action. The act removes the process for securing a waiver of these filing fees. Current law prohibits a county court from assessing fees when indigent parties e-file motions, answers, or documents in connection with evictions. The act removes the reference to indigent parties and instead prohibits a county court from charging defendants fees for filing motions, answers, or other documents in evictions. If a pro se defendant files an answer or other document physically instead of electronically, the act requires a county court, on a defendant's behalf, to timely serve the document on a plaintiff. The act prohibits the court from charging a fee related to the service.

For the 2024-25 state fiscal year, the act appropriates $122,743 to the judicial department from the general fund. The judicial department may use $3,623 for general courts administration and $119,120 for information technology infrastructure.

APPROVED by Governor June 4, 2024

EFFECTIVE November 1, 2024
(Note: This summary applies to this bill as enacted.)