§ 10-193. Filing costs for suits and proceedings.  


Latest version.
  • (a)

    Except as otherwise provided in this article, the filing cost, including the first judgment and fi. fa., for all suits or proceedings of any character, except garnishment and proceedings against [a] tenant holding over, irrespective of how they shall be terminated, shall be $55.00, plus $8.00 for each defendant more than one. In addition, there shall be a $25.00 per copy charge for serving [a] copy of process and returning [the] original by the marshal.

    (b)

    The filing cost for a garnishment proceeding, irrespective of how it shall be terminated, shall be $55.00, plus $8.00 for each party more than one. There shall be a $13.00 charge for serving [a] summons of garnishment or rule against [a] garnishee, plus $6.00 for serving each copy more than one, including [the] defendant's copy, and returning [the] original by the marshal. The filing cost for a plaintiff's or defendant's traverse to a garnishment proceeding shall be $20.00. The filing cost for each additional summons filed on a regular garnishment shall be $25.00.

    (c)

    The filing cost for a proceeding against [a] tenant holding over, except as otherwise provided in this article or where the writ of possession is executed, shall be $55.00, plus $8.00 for each defendant more than one. In addition, there shall be a $25.00, per copy, charge for serving [a] copy of process and returning [the] original by the marshal. Where it is necessary to apply for, execute, or apply for and execute the writ of possession there shall be a $20.00 charge for the application, execution, or application and execution.

    (d)

    In addition to the foregoing costs, the clerk of said court shall charge and collect as follows:

    (1)

    Cost[s] in civil proceeding:

    a.

    For issuing writ in proceeding against tenant holding over ..... $ 1.00

    b.

    For issuing scire facias each defendant including service ..... 5.00

    c.

    For each judgment more than one and docketing same ..... 3.00

    d.

    For affidavit to obtain and issue fi. fa. ..... 2.50

    e.

    For filing and docketing each appeal to the appellate division, including filing all briefs ..... 3.00

    f.

    For entering judgment or remittitur from Court of Appeals or Supreme Court ..... 3.00

    g.

    For exemplification of records, per 100 words ..... 0.30

    h.

    For certificate and seal of court ..... 1.00

    i.

    For certified copy under O.C.G.A. § 24-7-24 ..... 2.50

    j.

    For filing and docketing each traverse to answer of garnishment, including service ..... 5.00

    Provided, however, that the clerk shall not be required to file a traverse to answer of garnishment unless the cost is paid at the time of filing.

    (2)

    Costs in criminal cases:

    a.

    For each warrant including affidavit ..... $ 2.50

    b.

    For docketing each warrant ..... 0.75

    c.

    For arrest ..... 8.00

    d.

    For return of officer ..... 1.00

    e.

    For keeping prisoner, per diem ..... 15.00

    f.

    For taking bond ..... 6.00

    g.

    For order of commitment or discharge or dismissal ..... 1.00

    h.

    For issuing commitment ..... 0.75

    i.

    For entering any order ..... 1.00

    j.

    For docketing any order ..... 0.75

    k.

    For motion to withdraw or dismiss warrant ..... 1.00

    l.

    For docketing same ..... 0.75

    m.

    For certified copy under O.C.G.A. § 24-7-24 ..... 2.50

    (3)

    Costs for marshal's office:

    a.

    For each search and return of nulla bona ..... $ 4.00

    b.

    For each arrest in civil cases ..... 5.00

    c.

    For each levy or seizure on personal property, except foreclosures and trovers under $300.00 ..... 5.00

    $300.00 and over ..... 10.00

    d.

    For each levy and sale on foreclosure under $300.00 ..... 5.00

    $300.00 and over ..... 10.00

    e.

    For taking and approving bond in civil cases ..... 5.00

    f.

    For settling fi. fa. or attachment before levy or sale:

    Under $300.00 ..... 5.00

    $300.00 and over ..... 10.00

    g.

    For backing fi. fa. or writ from another court ..... 5.00

    h.

    For marshal's deed or bill of sale ..... 5.00

    i.

    For serving subpoenas, motions, orders and certified copies from other courts or any pleading after judgment in this court ..... 10.00

    j.

    For serving second originals ..... 10.00

    k.

    For serving second and third party complaints ..... 10.00

    l.

    For commission on sale of personal property:

    Up to $1,000.00 ..... 7 percent

    Over $1,000.00 ..... 5 percent

    m.

    For commission on sale of real estate property:

    Up to $100.00 ..... 10 percent

    Over $100.00 ..... 2 percent

    n.

    For removing and/or storing property and keeping and feeding animals—the actual expense incurred after authorization by the court.

    o.

    To provide for an additional $10.00 service fee to be collected by the marshal for each legal document received for execution where an insufficient or incorrect address has been furnished to the marshal for execution of said document.

    p.

    To provide for an additional $10.00 service fee and for actual expenses incurred by the marshal for each legal document executed outside the territorial limits of Fulton County, Georgia.

(1913 Ga. Laws (Act No. 276), page 145, § 49; 1920 Ga. Laws (Act No. 473), page 307, § 1; 1946 Ga. Laws (Act No. 545), page 287, § 1; 1952 Ga. Laws (Act No. 606), page 2298, § 2; 1956 Ga. Laws (Act No. 373), page 3271, § 14; 1966 Ga. Laws (Act No. 434), page 3295, § 3; 1971 Ga. Laws (Act No. 712), page 3802, § 2; 1975 Ga. Laws (Act No. 733), page 4651, § 2; 1980 Ga. Laws (Act No. 786), page 3309, § 2; 1981 Ga. Laws (Act No. 145), page 3264, §§ 2, 3; 1982 Ga. Laws (Act No. 1013), page 4154, §§ 1, 2; 1985 Ga. Laws (Act No. 89), page 3773, § 1; 1989 Ga. Laws (Act No. 63), page 3894, § 1; 1990 Ga. Laws (Act No. 732), page 3558, § 1; 1992 Ga. Laws (Act No. 916), page 6045, § 1)