Bourbon County Circuit Court, Kentucky Filing Fees and Waivers

CRITICAL

For other hearings without a sale, settlement, or receivership, fees are $60 per hour in quarter-hour increments and are due to the Master Commissioner on the fifth working day after the hearing concludes.

For any other hearing in which there is not a sale, settlement, or receivership, a fee shall be assessed at $60 per hour in quarter-hour increments. These fees shall be paid to the Master Commissioner and shall be due on the fifth working day following the conclusion of the hearing.

CRITICAL

Fee

$5000

The fee is capped at $5,000.

The fee shall never exceed $5,000.

CRITICAL

Fee

$50

A $50 fee is charged for drafting and executing any necessary deed or title.

Additionally, a fee of $50 shall be charged for drafting any necessary deed or title and executing same.

CRITICAL

Fee

$600

Hearing fees are capped at $600 per case, regardless of the number or length of hearings, unless the Circuit Judge recommends and the Chief Judge approves an increase based on extraordinary circumstances shown.

No more than $600 in hearing fees shall be assessed in any case regardless of the number and length of hearings unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

CRITICAL

Fee

$50

A $50 fee is assessed for each approval of an Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, or Notice of Sale.

A $50 fee shall be assessed for each approval of Order of Sale or Judgment, Report of Sale, Report of Cancelled Sale, and Notice of Sale.

CRITICAL

Applies to

Motion to modify custody timeshare or visitation

Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

Agreed orders to modify child custody, timeshare and visitation may be submitted in Paternity actions. However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

CRITICAL

Applies to

Order or judgment requiring advertisement

When submitting an order or judgment requiring advertisement, the submitting party must deposit the Master Commissioner's estimated advertising and/or appraisal costs for each property before a sale is scheduled or advertising or appraisal occurs.

When any Order or Judgment is submitted to the Master Commissioner requiring advertisement, the submitting party shall deposit with the Master Commissioner an amount sufficient to pay the estimated costs of the proposed advertisement and/or appraisal for each property to be sold as determined in the discretion of the Master Commissioner. The Master Commissioner shall not schedule a sale or cause an advertisement or appraisal to be made until the deposit is paid.

CRITICAL

A fee is assessed for a Master Commissioner’s hearing and report in a possessory or attachment matter under KRS Chapter 425 and must be paid before the hearing.

When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

CRITICAL

All cancelled sale fees must be paid and an Order of Distribution entered before setting a new sale date or dismissing the case.

All cancelled sale fees must be paid, and Order of Distribution entered with the Court before a new sale date is set or a case is dismissed.

CRITICAL

A withdrawn sale incurs a fee based on the appraisal-value sale fee or $400, whichever is greater, subject to a $2,500 cap except for additional properties, parcels, or judgments.

If the sale is withdrawn, a fee of not more than 50% of the sale fee based upon the appraisal value of the property as calculated above, or $400, whichever is greater, shall be assessed. The fee based upon this calculation shall not exceed $2,500 unless the sale involves more than one property, parcel, or judgment. If the sale involves more than one property, parcel, or judgment, then 50% of the $650.00 fee per additional property, parcel, or judgment shall be assessed, in addition to the fee calculated above.

CRITICAL

When an auctioneer is ordered for a real estate sale, the Court determines the fee, which may not exceed 6% of the sale price and is paid from the sale proceeds.

In all sales of real estate where an auctioneer is ordered, the fee for the auctioneer shall be determined by the Court, which sum shall not exceed six percent (6%) of the sale price. The fee shall be paid from the proceeds of the sale.

CRITICAL

Fee

50

Applies to

Motion

The $50 reopening fee does not apply to Title IV-D child-support modification or enforcement motions, but applies to later custody or visitation motions brought by private counsel or a pro se party unless the motion is in forma pauperis.

Pursuant to FCRPP 14(1), a $50.00 reopening fee shall not be paid for motions in cases brought pursuant to Title IV-D of the Social Security Act for child support modification or enforcement. However, where an action is initiated pursuant to Title IV-D but subsequent motions regarding custody and visitation are brought by a private attorney or are filed by a party prose, rather than by Title IV-D counsel, the fee shall be charged unless the motion is brought in forma pauperis.

CRITICAL

Fee

$150

For real estate sales requiring an appraisal, each appraiser’s fee is $150, unless the Court orders otherwise, and is paid from the sale proceeds.

In all sales of real estate where an appraisal is required, the fee of each appraiser shall be $150.00, unless otherwise ordered by the Court. The fee shall be paid from the proceeds of the sale.

CRITICAL

If a property is not sold within six months of its last appraisal filed of record, a new Order of Referral and JSAF must be paid before filing a motion to reschedule or, without a motion, before rescheduling the sale.

For all properties not sold within six (6) months of the date of the last appraisal of the property filed of record, a new Order of Referral and JSAF shall be due and payable before a Motion is filed to reschedule the sale of the property, or in the absence of a motion, before the property can be rescheduled for sale.

CRITICAL

Applies to

Bond

A fee payable to the Circuit Court Clerk must accompany bonds submitted for signature and approval.

All bonds shall be submitted to the Master Commissioner and the Court for signature and approval along with the fee payable to the Circuit Court Clerk.

CRITICAL

When paying out money or settling estates, the Master Commissioner or Receiver assesses 3% on the first $2,000, 2½% on the next $3,000, and 1½% on the excess over $5,000.

The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates: 3% of the first $2,000 2 ½% for the next $3,000 1 ½% for the excess over $5,000

CRITICAL

The Master Commissioner may recover necessary direct sale expenses, a deposit sufficient to cover sale costs must be paid, and expenses already incurred are not refunded if the sale is withdrawn.

In addition to the fee authorized in subsection (1), above, the Master Commissioner may also recover necessary direct expenses attributable to the case referred for judicial sale including the cost of postage, copies, faxes, long distance telephone, advertising, appraisers, a licensed auctioneer pursuant to KRS 426.522, and the cost of the care of the property in his or her possession. As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. If a sale is withdrawn, incurred expenses will not be refunded.

CRITICAL

Applies to

Motion for judgment and order of sale

In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the required JSAF, a separate JSAF is required for each property, and the fee is not due until a Motion for Judgment and Order of Sale is filed.

In all mortgage foreclosure or real estate lien enforcement cases, the Judicial Sale Administrative Fee (JSAF) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Circuit Clerk along with the original filing fee. In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property. The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action.

CRITICAL

Applies to

Motion for judgment and order of sale

The Clerk will not accept a Motion for Judgment and Order of Sale for filing until the JSAF and Order of Referral are received.

The Motion for Judgment and Order of Sale shall not be accepted for filing until the Clerk receives the JSAF and Order of Referral.

CRITICAL

Fee

$400

A sale withdrawn before appraisal incurs a $400 fee, unless the court approves another amount up to $2,500 upon good cause shown by proper motion.

If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some other amount of fee not to exceed $2,500.

CRITICAL

Fee

$650

A fee of $650 is assessed for each additional property, parcel, or judgment.

property, parcel, or judgment, a fee of $650 per additional property, parcel, or judgment shall be assessed in addition to the fee calculated above.

CRITICAL

Fee

$50

A $50 fee is charged for each report and recommendation prepared on a tendered foreclosure judgment in an uncontested mortgage or lien enforcement case.

A fee of $50 shall be charged for each report and recommendation(s) prepared on tendered foreclosure judgments in uncontested cases for enforcement of a mortgage or other lien.

WARNING

Amounts exempt from creditors are excluded when computing the fee for settling insolvent estate accounts.

For settlement of accounts of insolvent estates this computation shall exclude any amounts exempt from creditors.

WARNING

Apportion the total advertising cost among the cases covered by the advertisement.

The total cost of advertising shall be apportioned among each of the various cases to which the advertisement applies.

WARNING

A withdrawn sale rescheduled more than six months after the last sale date is treated as a new referral for sale.

Any withdrawn sale that is re-scheduled after more than six (6) months from the last sale date shall be considered a “new referral for sale.”

WARNING

Master Commissioner fees are governed by the fee schedule in Part IV of the Administrative Procedures of the Court of Justice, including amendments.

The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV of the Administrative Procedures of the Court of Justice and any amendment(s) thereto.

WARNING

Fee

$200

If a case is reopened, additional fees of up to $200 may be assessed, subject to a possible increase recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

If a case is reopened, additional fees totaling no more than $200 may be assessed unless recommended by the Circuit Judge and approved by the Chief Judge for extraordinary circumstances shown.

WARNING

For court-ordered appraisals of personal property, the Court fixes each appraiser’s fee based on evidence it may require about the property and the appraisal work involved.

In sales of personal property under Judgment or Decree of Court directing an appraisal of personal property, the fee of each appraiser shall be fixed by the Court and shall be determined on such evidence as the Court may require regarding the kind and character of the property appraised; the number of items of property involved; its value, and the time, labor and skill involved in making said appraisal.

WARNING

The fee is not assessed when a sale fee is assessed.

The fee shall not be assessed if a sale fee is assessed.

WARNING

Fee

$200

No additional $200 JSAF is charged when a judicial sale withdrawn before its sale date is rescheduled within six months of the previous sale date.

For a judicial sale that is withdrawn prior to the sale date and later re-scheduled for sale within six (6) months of the previous sale date, an additional $200 JSAF shall not be charged.

INFO

Applies to

Copy of emergency custody order

The Circuit Clerk must provide a free copy of the Emergency Custody Order when a person granted emergency custody appears in person and requests one.

If the person(s) to whom emergency custody has been granted appears in person in the Circuit Clerk's office and requests a copy of the ECO, the Circuit Clerk shall provide a copy at no cost.

INFO

For an appraisal of commercial industrial real estate or multiple parcels in a court-ordered real estate sale, the Court may authorize an additional appraisal fee by order based on the time, labor, and skill involved.

In sales of real estate under Judgment or Decree of Court, where an appraisal of commercial industrial real estate or real estate consisting of multiple parcels is required, the Court may, by Order, allow a fee in addition to that set forth above, for the appraisement including the time, labor and skill involved therein.