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House Engrossed
forcible entry; detainer; filing fee |
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State of Arizona House of Representatives Fifty-fifth Legislature Second Regular Session 2022
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CHAPTER 97
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HOUSE BILL 2484 |
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An Act
amending sections 12-301 and 22-281, Arizona Revised Statutes; relating to court fees.
(TEXT OF BILL BEGINS ON NEXT PAGE)
Be it enacted by the Legislature of the State of Arizona:
Section 1. Section 12-301, Arizona Revised Statutes, is amended to read:
12-301. Time of payment of fees; effect of failure to collect; alternative payment methods
A. All fees are payable at the time the service is rendered, unless otherwise provided by law. An officer may refuse to perform any service in any action or proceeding, criminal proceedings excepted, until the fees are paid.
B. Failure to collect the fee shall not affect the validity of the act or service.
C. The court may allow fees to be paid by alternative methods, including credit cards, charge cards, debit cards and electronic funds transfers.
D. No court shall either impose or collect a fee for filing an answer to a complaint for forcible entry or detainer.
Sec. 2. Section 22-281, Arizona Revised Statutes, is amended to read:
22-281. Fees and deposits
A. Justices of the peace shall receive fees established and classified as follows in civil actions:
Class Description Fee
A Initial case filing fee
Civil filing fees $ 73.00
B Subsequent case filing fee
Civil filing fees — defendant $ 40.00
C Initial case filing fee
Forcible entry and detainer filings $ 35.00
Small claims filing 25.00
D Subsequent case filing fee
Small claims answer $ 15.00
Forcible entry and detainer
filings – defendant 18.00
E Minimum clerk fee
Document and transcript transfer on appeal $ 28.00
Certification of any documents 28.00
Issuance of writs 28.00
Filing any paper or performing any act
for which a fee is not specifically
prescribed 28.00
Subpoena (civil) 28.00
Research in locating a document 28.00
Seal a court file 28.00
Reopen a sealed court file 28.00
Record duplication 28.00
F Per page fee
Copies of any documents per page $ 0.50
G Special fees
Small claims service by mail $ 8.00
B. This section does not deprive the parties to the action of the privilege of depositing amounts with the justice, in addition to those set forth in this section, for use in connection with the payment of constable's and sheriff's fees for service of process, levying of writs and other services for which fees are otherwise provided by law.
C. Excluding the monies that are kept by the court pursuant to subsection D of this section, justices of the peace shall transmit monthly to the county treasurer all monies collected pursuant to subsection A of this section. The county treasurer shall distribute or deposit all of the monies received pursuant to this subsection as follows:
1. To the state treasurer for deposit in the judicial collection enhancement fund established by section 12-113, in the following percentages:
(a) 14.80 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 16.23 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
2. To the state treasurer for deposit in the alternative dispute resolution fund established by section 12-135, in the following percentages:
(a) 1.69 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 1.89 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
3. To the elected officials' retirement plan fund established by section 38-802, either of the following percentages, which shall be distributed to the fund pursuant to section 38-810:
(a) 21.91 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 14.09 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
4. To the county general fund, in the following percentages:
(a) 49.95 percent if the county treasurer is serving in a county with a population of more than five hundred thousand persons.
(b) 55.51 percent if the county treasurer is serving in a county with a population of five hundred thousand persons or less.
5. 6.00 percent to the elected officials' retirement plan fund established by section 38-802 for the purpose of funding a portion of the employers' contributions required pursuant to section 38-810.
D. In counties with a population of more than five hundred thousand persons, 5.65 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B.
E. In counties with a population of five hundred thousand persons or less, 6.28 percent of the monies transmitted pursuant to subsection C of this section shall be kept and used by the court collecting the fees in the same manner as the seven dollars $7 of the time payment fee prescribed by section 12-116, subsection B.
F. The supreme court may increase the fees prescribed in subsection A of this section in an amount not to exceed the per cent percent of change in the average consumer price index as published by the United States department of labor, bureau of labor statistics between that figure for the latest calendar year and the calendar year in which the last fee increase occurred.
APPROVED BY THE GOVERNOR MARCH 30, 2022.
FILED IN THE OFFICE OF THE SECRETARY OF STATE MARCH 30, 2022.