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Introduced Version House Bill 2759 History

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Key: Green = existing Code. Red = new code to be enacted
H. B. 2759


(By Delegates Wooton, Frazier, Webster,

Perry, Kominar and Varner)

[Introduced February 23, 2009; referred to the

Committee on the Judiciary then Finance.]




A BILL to amend and reenact §50-3-1 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate court clerks to collect a fee for preparing an abstract of judgement in civil matters.

Be it enacted by the Legislature of West Virginia:

That §50-3-1 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:

ARTICLE 3. COSTS, FINES AND RECORDS.

§50-3-1. Costs in civil actions. The following costs shall be charged in magistrate courts in civil actions and shall be collected in advance:
(a) For filing and trying any civil action and for all services connected therewith, but excluding services regarding enforcement of judgment, the following amounts dependent upon the amount of damages sought in the complaint:Where the action is for $500 or less......................$30 Where the action is for more than $500
but not more than $2,000....................................... $35 Where the action is for more than $1,000
but not more than $2,000....................................... $40 Where the action is for more than $2,000................. $50 Where the action seeks relief other than money damage ..... $30 $5 from each of the filing fees listed above shall be deposited in the Court Security Fund created by the provisions of section fourteen, article three, chapter fifty-one of this code.
$5 from each of the filing fees listed above shall be deposited in the Courthouse Facilities Improvement Fund created by section six, article twenty-six, chapter twenty-nine of this code.
(b) For each service regarding enforcement of a judgment including execution, suggestion, garnishment and suggestee execution...................................................... $5 (c) For each bond filed in a case.......................... $1
(d) For taking deposition of witness for each hour or portion thereof .........................................................$1
(e) For taking and certifying acknowledgment of a deed or other writing or taking oath upon an affidavit..................... $.50
(f) For mailing any matter required or provided by law to be mailed by certified or registered mail with return receipt...... $1
(g) For filing and trying any civil action............... $20(h) For Preparing an abstract of judgement.................$5 Costs incurred in a civil action shall be reflected in any judgment rendered thereon. The provisions of section one, article two, chapter fifty-nine of this code, relating to the payment of costs by poor persons, shall be are applicable to all costs in civil actions.


NOTE: The purpose of this bill is to authorize magistrate court clerks to collect a $5 fee for preparing an abstract of judgement in civil cases.

Strike-throughs indicate language that would be stricken from the present law, and underscoring indicates new language that would be added.
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