SENATE, No. 1832
STATE OF NEW JERSEY
INTRODUCED JANUARY 29, 1997
By Senator MARTIN
An Act concerning the fees charged in the Special Civil Part of Superior Court and amending P.L.1991, c.177.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 14 of P.L.1991, c.177 (C.22A:2-37.1) is amended to read as follows:
14. a. In all civil actions and proceedings in the Special Civil Part of the Superior Court, Law Division, only the following fees shall be charged by the clerk and no service shall be performed until the specified fee has been paid:
(1) Filing of small claim, one defendant........... $12.00
Each additional defendant.................... $ 2.00
(2) Filing of complaint in tenancy, one defendant.........$20.00
Each additional defendant................... $ 2.00
(3) (a) Filing of complaint[,]or other initial preceeding containing a counterclaim, cross-claim or third party complaint
in all other civil actions, whether
commenced without process or by summons,
capias, replevin or attachment where
the amount exceeds [$1,000.00]
the small claims monetary limit................. $45.00
Each additional defendant........................ $ 2.00
(b) Filing of complaint[,] or other initial
pleading containing a counterclaim,
cross-claim or third party complaint
in all other civil actions, whether
commenced without process or by
summons, capias, replevin or
attachment where the amount does not
exceed [$1,000.00] the small claims monetary
limit............................. $27.00
Each additional defendant........................ $ 2.00
(4) Filing of appearance or answer to a
complaint or third party complaint in all
matters except small claims.................... $10.00
(5) Service of Process:
Summons by mail, each defendant.............. $ 3.00
Summons by mail, each defendant at
place of business or employment with
postal instructions to deliver to
addressee only, additional fee............... $ 3.00
Reservice of summons by mail, each defendant..... $ 3.00
Reservice of summons or other original
process by court officer, one defendant...... $ 3.00
plus mileage
Each additional defendant........................ $ 2.00
plus mileage
Substituted service of process by the clerk
upon the Director of the Division of
Motor Vehicles............................... $10.00
Plus postage................... $ 3.00
(6) Mileage of court officer in serving or executing any process, writ, order, execution, notice, or warrant, the distance to be computed by counting the number of miles in [or] and out, by the most direct route from the place where process is issued, at the same rate per mile set by the [county governing body for other county] State for other State employees and the total mileage fee rounded upward to the nearest dollar
(7) Jury of six persons........................ $50.00
(8) Warrant for possession in tenancy.......... $15.00
(9) Warrant to arrest, commitment or writ
of capias ad respondendum, each
defendant.................................. $15.00
(10) Writ of execution or an order in the
nature of execution, writs of replevin
and attachment issued subsequent to
summons.................................... $ 5.00
Wage execution by mail to a federal agency
additional fee............................ $ 3.00
(11) For advertising property under execution
or any order............................... $10.00
(12) For selling property under execution or
any order....... $10.00
(13) Exemplified copy of judgment (two pages)... $ 5.00
each additional page........................ $ 1.00
b. Except as provided in subsection c., the clerk shall pay over to the treasurer of the county in which the action is filed all fees collected pursuant to this section. After December 31, 1994, the clerk shall pay over to the State all fees collected pursuant to this section, including the entire fee collected pursuant to paragraph (3) of subsection a.
c. From July 1, 1991 to June 30, 1993, the clerk shall pay over to the treasurer of the county in which the action is filed $12.00 of each fee paid to the clerk pursuant to paragraph (3) of subsection a., with the balance made available for use by the State.
(cf: P.L.1996, c.52, s.5.)
2. Section 15 of P.L.1991, c.177 (C.22A:2-37.2) is amended to read as follows:
15.a. From the fees set forth in section 14 of P.L.1991, c.177 (C.22A:2-37.1), the clerk of the Special Civil Part of the Superior Court, Law Division, shall pay to officers designated by the Assignment Judge to serve process the following fees:
(1) Serving summons, notice or third party
complaint on one defendant............. $3.00
on every additional defendant............. $2.00
(2) Reserving summons or other original process
on any defendant............................ $3.00
(3) Warrant to arrest, capias, or commitment,
for each defendant served...................... $15.00
(4) Serving writ and summons in replevin, taking
bond and any inventory, against one defendant... $6.00
on every additional defendant............. $2.00
(5) Serving writ in replevin when issued subsequent
to service of summons, against one defendant.... $5.00
on every additional defendant............. $2.00
(6) Serving order for possession in replevin... $4.00
(7) Serving writ of attachment and making inventory,
one defendant............................. $4.00
on every additional defendant............. $2.00
(8) Serving and executing warrant for possession
in tenancy.................................. $10.00
(9) Every execution, or any order in the nature
of an execution, on a judgment, for each
defendant................................. $ 2.00
(10) Every wage execution to a federal agency,
additional fee........................... $3.00
b. For every mile of travel in serving or executing any process, writ, order, execution, notice or warrant, the distance to be computed by counting the number of miles in and out, by the most direct route from the place where process is issued, at the same rate per mile set by the [county governing body for other county] State for other State employees and the total mileage fee rounded upward to the nearest dollar.
c. In addition to the foregoing, the following fees for officers of the Special Civil Part shall be taxed in the costs and collected on execution, writ of attachment or order in the nature of any execution on any final judgment, or on a valid and subsisting levy of an execution or attachment which may be the effective cause in producing payment or settlement of a judgment or attachment:
(1) For advertising property under execution
or any order.............................. $10.00
(2) For selling property under execution or
any order ..................................... $10.00
(3) On every dollar [of the first $5,000.00] collected on execution, writ of attachment, or any order, $0.10[, and on every dollar of any amount in excess thereof, $0.05].
(cf: P.L.1991, c.177, s.15.)
3. This act shall take effect 30 days following enactment.
STATEMENT
This bill would implement several changes with regard to court fees recommended by the Supreme Court’s Committee on the Special Civil Part. Those recommendations are as follows:
1. Presently, the filing fee for complaints in the Special Civil Part is $38.00, if the case involves $1,000.00 or more. If the case involves $1,000.00 or less the filing fee is $22.00. In 1992, the monetary limit for small claims cases was raised from $1,000.00 to $1,500.00. This bill would clarify that the $38.00 is applicable in cases exceeding the small claims limit and the $22.00 fee is applicable in small claims cases. The bill also clarifies that these fees apply both to complaints and to any other initial pleading containing a counterclaim, cross claim or third party claim.
2. The bill changes language referring to the mileage paid to court officers to reflect that the State has taken over responsibility for the funding of the trial courts.
3. Presently, persons designated by assignment judges to serve process are entitled to $.10 on every dollar of the first $5,000.00 collected on an execution, writ of attachment or court order issued by the Special Civil Part. On every dollar in excess of $5,000.00 court officers are entitled to $.05. This bill would eliminate the over $5,000.00 rate and provide that a court officer would be entitled to $.10 of every dollar collected pursuant to a Special Civil Part execution, writ of attachment or court order.
4. Federal law was recently amended to permit the garnishment of the wages of federal employees. The execution must, however, be forwarded to the central payroll location for the agency which may be located in another state. This bill would establish a $3.00 fee to cover the cost to the Special Civil Part of mailing executions on wages of federal employees.
5. The bill clarifies that the total fee to be collected for substituted service on the Director of the Division of Motor Vehicles is $13.00 consisting of the Director’s fee of $10.00 and $3.00 to cover mailing costs.
Proposes a series of amendments to laws dealing with court fees in the Special Civil Part of Superior Court.