9-15-4. Deposit prior to filing by clerk; exception if affidavit of indigence filed; repayment of excess; exemptions.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

(a)
A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of indigence to pay the fee and the party files with the clerk an affidavit to such effect.#
(b)
The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section.#
(c)
Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Ga. L. 1890-91, p. 100, § 1; Civil Code 1895, § 5398; Civil Code 1910, § 5986; Code 1933, § 24-3406; Ga. L. 1945, p. 207, § 1; Ga. L. 1957, p. 405, § 2; Ga. L. 1958, p. 398, § 1; Ga. L. 1970, p. 497, § 4; Ga. L. 1971, p. 214, § 2; Ga. L. 1972, p. 664, § 5; Ga. L. 1981, p. 1396, § 2; Ga. L. 1986, p. 1002, § 4; Ga. L. 1991, p. 1051, § 2; Ga. L. 2019, p. 683, § 1/HB 288.

Amendments

The 2019 amendment, effective January 1, 2020, in subsection (a), deleted “and Code Section 15-6-77.2” following “15-6-77” in the first sentence and deleted “his” following “because of” in the middle of the second sentence.

Law reviews

For article, “2019 Legislative Review,” see 24 Ga. St. B.J. 28 (June 2019). For annual survey on real property, see 71 Mercer L. Rev. 241 (2019).

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t9-ch12-17-(v7a)-pdf.pdf, Volume V7A, 2015 edition, 2025 supplement, page 39; merge action: replaced; file SHA-256 3ebff39d34dd.

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