Senate Bill No. 407
(By Senators Kessler and Jenkins)
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[Introduced March 2, 2009; referred to the Committee on the
Judiciary; and then to the Committee on Finance.]
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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.