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Bill to require clerks to confirm service fees advances after sponsor calls it a protection against "gotcha" moments
Summary
Senate Bill 475 would require clerks to provide filers a confirmation of receipt and an initial statement of fees for requested service of citation (with a period to pay additional fees); sponsor said the bill will reduce surprises when defendants are not served; committee reported the bill favorably.
Senate Bill 475 was presented as a response to a procedural problem in civil litigation: filers sometimes request service of citation within the 90‑day statutory window but later learn additional fees were owed and the service was not completed.
The sponsor told the committee the bill would require the clerk, upon receipt of a request for service, to provide a confirmation and an initial statement of required fees to be paid within the 90‑day period; if additional fees are later identified, the clerk must provide a statement of those fees and allow payment within the longer of the 90‑day request period or 30 days from the clerk’s notice. The sponsor called the change a protection against a "gotcha" that can lead to dismissal when service was not properly perfected.
Committee members asked how the bill would apply when clerk website records or prior prepayments are inconsistent with actual fees. The sponsor and members said the bill is intended to protect filers who reasonably rely on clerk information, while still ensuring service is paid for and completed.
The sponsor moved to report SB 475 favorably; the motion carried without objection and the bill was reported favorably.
