HB999: HB999 Magistrate courts; collecting sums and fees authorized by law; revise provisions

26 HB 999/AP House Bill 999 (AS PASSED HOUSE AND SENATE) By: Representatives Leverett of the 123rd, Oliver of the 84th, Evans of the 57th, Gunter of the 8th, New of the 40th, and others A BILL TO BE ENTITLED AN ACT To amend Article 5 of Chapter 10 of Title 15 the Official Code of Georgia Annotated,1 relating to fees and costs of magistrate courts, so as to revise provisions related to magistrate2 courts collecting sums and fees authorized by law; to amend an Act to amend Chapter 10 of3 Title 15 of the Official Code of Georgia Annotated, relating to magistrate courts, so as to4 provide for nonpartisan election of magistrates, approved May 1 4, 2025 (Ga. L. 2025, p.5 780), so as to correct a scrivener's error in the automatic rep ealer in said Act related to a6 constitutional amendment for the nonpartisan election of judges of the probate court; to7 provide legislative intent; to amend Code Section 15-10-2 of the Official Code of Georgia8 Annotated, relating to general jurisdiction and authority of magistrates to act, so as to revise9 the limitation on civil claims that may be considered by a magi strate court; to provide for10 related matters; to provide for effective dates and applicabili ty; to repeal conflicting laws;11 and for other purposes.12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:13 SECTION 1.14 Article 5 of Chapter 10 of Title 15 the Official Code of Georgia Annotated, relating to fees15 and costs of magistrate courts, is amended by revising Code Sec tion 15-10-80, relating to16 H. B. 999 - 1 - 26 HB 999/AP filling fees, service of process costs, writ of fieri facias fees, and costs taxed to losing party,17 as follows: 18 "15-10-80.19 (a) Upon filing any civil action, the plaintiff shall pay a filing deposit as established by20 local court rule not to exceed $22.00 which shall cover all costs of the action except service21 of process.22 (b) Upon filing any civil action, the plaintiff shall pay the actual cost of serving each party23 required to be served but not more than the amount of the fee c harged by sheriffs for24 serving process for each party to be served.25 (c) For issuing a writ of fieri facias, the fee charged shall be $4.00 which shall be paid by26 the person requesting the same. Such fee shall be charged and collected27 contemporaneously with or prior to the issuance of the writ of fieri facias but not before the28 entry of judgment in the action.29 (d) As between the parties, costs shall be taxed against the losing party.30 (e) All sums that may be collected pursuant to Code Section 15-23-7 and all other sums31 required by law shall be in addition to the fees provided for in this Code section, and this32 article shall not affect the collection of such other sums or fees as authorized by law."33 SECTION 2.34 (a) It is the intention of the General Assembly to correct a scrivener's error in the automatic35 repealer in an Act to amend Chapter 10 of Title 15 of the Offic ial Code of Georgia36 Annotated, relating to magistrate courts, so as to provide for nonpartisan election of37 magistrates, approved May 14, 2025 (Ga. L. 2025, p. 780), so as to revise the section38 providing that the entire Act shall be automatically repealed i f an amendment to the39 Constitution of Georgia providing that all judges of the probat e court shall be elected in40 nonpartisan elections is not ratified prior to January 1, 2027, shall only apply to the section41 of the bill amending Code Section 21-2-139, relating to nonpartisan elections authorized and42 H. B. 999 - 2 - 26 HB 999/AP conduct, as effective on January 1, 2027, by making conforming changes required by the43 approval of such constitutional amendment.44 (b) An Act to amend Chapter 10 of Title 15 of the Official Cod e of Georgia Annotated,45 relating to magistrate courts, so as to provide for nonpartisan election of magistrates,46 approved May 14, 2025 (Ga. L. 2025, p. 780), is amended by revi sing subsection (b) of47 Section 5 as follows:48 "(b) Section 4 of this Act shall become effective on January 1, 2027, following the49 ratification of an amendment to the Constitution of Georgia providing that all judges of the50 probate court shall be elected in nonpartisan elections; provided, however, that to the extent51 this Act conflicts with law in effect at the time of ratification, this Act and such amendment52 shall control, and to the extent such law is not in conflict, t he law in effect at the time of53 ratification shall control and shall remain in full force and effect. If such amendment is not54 so ratified, then Section 4 of this Act shall stand automatically repealed."55 SECTION 3.56 Code Section 15-10-2 of the Official Code of Georgia Annotated, relating to general57 jurisdiction and authority of magistrates to act, is amended by revising paragraph (5) as58 follows:59 "(5) The trial of civil claims including garnishment and attachment in which exclusive60 jurisdiction is not vested in the superior court and the amount demanded or the value of61 the property claimed does not exceed $15,000.00 $25,000.00 , provided that no62 prejudgment attachment may be granted;"63 SECTION 4.64 (a) Except as provided for in subsection (b) of this section, this Act shall become effective65 on July 1, 2026.66 H. B. 999 - 3 - 26 HB 999/AP (b) Section 3 of this Act shall become effective on January 1, 2027, and shall apply to any67 actions filed on or after such date.68 SECTION 5.69 All laws and parts of laws in conflict with this Act are repealed.70 H. B. 999 - 4 -