Fees Not Included — Conflicts

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  1. This chapter listing fees of clerks and other officials is not to be construed to be inclusive of all fees. In cases of conflicts or apparent conflicts, the fees shall be those named in other sections dealing with the particular subject matters.
  2. Fees established for transactions under the Uniform Commercial Code, compiled in title 47, chapters 1-9, shall be exclusively those fees established therein.

    Attorney General Opinions. Court fees for expungements, OAG 12-89, 2012 Tenn. AG LEXIS 89 (9/20/2012).

    1. Accept payment by credit card of a fee, fine, court cost or other charge; and
    2. Collect a fee for processing the payment by credit card.
  3. The clerk shall set the processing fee in an amount that is reasonably related to the expense incurred by the court in processing the payment by credit card. However, the court may not set the processing fee in an amount that exceeds five percent (5%) of the amount of the fee, court cost or other charge being paid.
  4. If a payment by credit card is not honored by the credit card company on which the funds are drawn, the clerk may collect a service charge from the person who owes the fee, fine, court cost or other charge. The service charge is in addition to the original fee, fine, court cost or other charge and is for the collection of that original amount. The amount of the service charge shall be the same amount as the fee charged for the collection of a check drawn on an account with insufficient funds.
  5. The clerk collecting a fee or charge under this chapter shall deposit the fee or charge in the general fund of the clerk's respective governmental unit.
  6. The county clerk collecting a fee or charge under this chapter shall state on any notice to the taxpayer either the percentage of the processing fee or the fee itself.
  7. The county clerk collecting a fee or charge under this chapter shall state on any notice to the taxpayer either the percentage of the processing fee for use of a credit card or the actual fee imposed for the use of a credit card.


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