Payments to the Fund From Fees Collected in Certain Civil Actions and for Recording of Instruments Pertaining to Real Estate; Records; Audit of Records; Use of Sums Remitted; Failure of Clerk to Remit

  1. Law
  2. Georgia Code
  3. Retirement and Pensions
  4. Superior Court Clerks' Retirement Fund of Georgia
  5. Revenues Collected From Fines, Bonds, and Fees
  6. Payments to the Fund From Fees Collected in Certain Civil Actions and for Recording of Instruments Pertaining to Real Estate; Records; Audit of Records; Use of Sums Remitted; Failure of Clerk to Remit

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  1. In addition to all other legal costs, the sum of $1.00 shall be charged and collected in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk, including, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature, filed in the superior courts or other such courts.
  2. In addition to all other legal costs, the sum of 50› shall be charged and collected in addition to any other fees or costs for the processing of all instruments pertaining to real estate filed in the superior courts.
  3. The clerks shall collect the fees provided for in subsections (a) and (b) of this Code section, and the fees so collected shall be remitted to the board on a monthly basis or at such time as the board may provide. Such amounts shall be due on the first day of the month following the month in which they were collected but shall be deemed timely if received by the board on or before the fifteenth day of the month; provided, however, that for purposes of calculating late payment penalties, the due date shall be the first day of the month. It shall be the duty of the clerks to keep accurate records of the amounts due the board under this Code section, and such records may be audited by the board at any time. The sums remitted to the board under this Code section shall be used for the purposes provided in this chapter.
  4. If the clerk or other authority whose duty it is to collect and remit moneys to the fund under subsection (a) of this Code section fails to remit such moneys within 60 days of the date on which such remittal is due, such moneys shall be delinquent; and there shall be imposed, in addition to the principal amount due, a specific penalty in the amount of 5 percent of the principal amount per month for each month during which the funds continue to be delinquent, provided that such penalty shall not exceed a total of 25 percent of the principal due. In addition to such penalty, interest shall be charged on the delinquent moneys at the rate of 6 percent per annum from the date such moneys became delinquent until they are paid. All moneys which have not been paid to the fund within 60 days of the due date shall be delinquent. By affirmative vote of all members, the board, upon the payment of the delinquent moneys together with interest and for good cause shown, may waive the specific penalty otherwise charged under this subsection.
  5. The sum of $1.00 shall be paid out of the fees charged and collected pursuant to Title 15 in each civil suit, action, case, or proceeding filed in the superior courts or in any other court of this state in which a clerk eligible for membership in this retirement fund is clerk and shall be remitted to the board as provided in subsection (c) of this Code section. Such fees shall include, without limiting the generality of the foregoing, all adoptions, charters, certiorari, applications by a personal representative for leave to sell or reinvest, trade name registrations, applications for change of name, and all other proceedings of a civil nature filed in the superior courts or other such courts.

(Ga. L. 1977, p. 1098, §§ 1, 2; Ga. L. 1983, p. 555, § 1; Ga. L. 2002, p. 470, § 5; Ga. L. 2008, p. 722, § 3/SB 460; Ga. L. 2009, p. 824, § 3/HB 487.)

The 2008 amendment, effective July 1, 2008, in subsection (c), in the first sentence, inserted a comma following "Code section" and substituted "monthly" for "quarterly", added the second sentence, and inserted a comma after "Code section" in the third sentence; and added subsection (d).

The 2009 amendment, effective May 5, 2009, added subsection (e).

OPINIONS OF THE ATTORNEY GENERAL

Time for charging additional sum.

- Additional sum of $1.00 authorized by this statute to be paid to the clerks of the superior courts should be charged and collected upon the filing of articles of amendment, articles of merger, and articles of dissolution. 1978 Op. Att'y Gen. No. 78-63 (see O.C.G.A. § 47-14-51).

When clerk of both superior and magistrate courts may collect fee.

- Superior court clerk is authorized to collect a $1.00 fee on each civil action filed in magistrate court for the benefit of the superior court clerks' retirement fund when that superior court clerk also holds the position of clerk of magistrate court. 1983 Op. Att'y Gen. No. U83-49.

Instruments pertaining to real estate.

- For a list of instruments which, along with their cancellation, pertain to real estate within the meaning of subsection (b) of O.C.G.A. § 47-14-51, see 1983 Op. Att'y Gen. No. U83-60.

Cancellation of real estate instrument subject to fee.

- If an original instrument pertains to real estate within the meaning of subsection (b) of O.C.G.A. § 47-14-51, the cancellation authorization also so pertains to real estate. 1983 Op. Att'y Gen. No. U83-60.

Petitions filed under Family Violence Act.

- One dollar fees for the clerks' and sheriffs' retirement funds should be charged in addition to the filing fees for a petition filed under the Family Violence Act (O.C.G.A. § 19-13-1 et seq.). 1988 Op. Att'y Gen. No. U88-11.

RESEARCH REFERENCES

ALR.

- Federal government or agencies of federal government as subject to payment of tax or fee imposed upon, or for, recording or filing instrument, 124 A.L.R. 1267.

ARTICLE 5 RETIREMENT BENEFITS, DISABILITY BENEFITS, AND SPOUSES' BENEFITS


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