Jefferson Circuit Court Filing Fees and Waivers

Fee

$25

Applies to

Possessory or attachment hearing

A $25 hearing-and-report fee is assessed for a possessory or attachment matter under KRS Chapter 425 and must be paid to the Master Commissioner before the hearing.

E. When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25.00 fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

Fee

$125

Applies to

Warning order or military attorney matter

For a Warning Order or Military Attorney matter involving only one letter and report, the Court shall assess $125.00 plus postage per defendant.

A. In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a fee of $125.00 plus postage per Defendant.

Applies to

Mortgage foreclosure or real estate lien enforcement case

For every mortgage foreclosure or real-estate lien-enforcement case filed in Jefferson County, the Jefferson Circuit Clerk must collect the required Judicial Sale Administrative Fee with the original filing fee.

In all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee.

Applies to

Judicial sale

A tiered judicial-sale fee is assessed on the final bid or aggregate final bids, capped at $5,000.

A sale fee shall be assessed for each judicial sale, which shall be a percentage, set forth below, ofthe final bid, or in the case of several lots sold at the same time under the same judgment, the aggregate of the final bids. The sale fee shall be as follows : 5% of the first $5,000 2% of the next $20,000 1 1/2 % of the next $175,000 %2% of the excess over $200,000 However, the fee shall never exceed $5,000 .

Applies to

Unconfirmed judicial sale

The entire sale fee is assessed when property is sold but the sale is not confirmed.

Ifthe property is sold, but the sale is not confirmed, the entire sale fee shall be assessed.

Applies to

JRP 502D Statement of Amount to be Raised

A deposit sufficient to cover the sale's direct costs must accompany the Master's JRP 502D Statement of Amount to be Raised.

A deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale. The deposit must be submitted with the Master Commissioner's copy ofthe JRP 502D Statement of Amount to be Raised.

Fee

$5000

Applies to

Money payout or estate settlement

The Master Commissioner or Receiver payout or estate-settlement fee is capped at $5,000.

The fee shall never exceed $5,000 .

Fee

$25

Applies to

Possessory or attachment hearing and report

A $25 hearing-and-report fee is assessed for KRS Chapter 425 possessory or attachment matters and must be paid before the hearing.

When the Master Commissioner hears a possessory or attachment matter pursuant to KRS Chapter 425, a $25 fee shall be assessed for the hearing and report. This fee shall be paid to the Master Commissioner prior to the hearing.

Fee

$60

Applies to

Hearing without sale settlement or receivership

Other hearings without a sale, settlement, or receivership are charged at $60 per hour in quarter-hour increments, due on the fifth working day after the hearing.

For any other hearing in which there is no 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 ofthe hearing .

Fee

$600

Applies to

Hearing fees

Hearing fees are capped at $600 per case regardless of hearing number or length unless the Circuit Judge recommends and the Chief Judge approves extraordinary circumstances.

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

Applies to

Mortgage foreclosure or real estate lien enforcement case

In mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF must be collected with the original filing fee and transmitted quarterly as requested.

Beginning January 1, 2007, in all mortgage foreclosure or real estate lien enforcement cases filed in Jefferson County, the JSAF (Judicial Sale Administrative Fee) required by Part IV, Sec. 1(9) of the Administrative Procedures of the Court of Justice shall be collected by the Jefferson Circuit Clerk along with the original filing fee. The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts on a quarterly basis as requested.

The Master Commissioner assesses report fees under Part IV, and the court may authorize sanction fees for repeated corrective action or repeated attorney or firm errors, payable to the Circuit Court Clerk.

B. The Master Commissioner shall assess all report fees in accordance with Part IV of the Administrative Procedures of the Court of Justice. Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office. Any sanction fee assessed shall be paid to the Jefferson· Circuit Court Clerk.

Fee

$25

Applies to

Deed

A $25 deed fee for review and execution applies when there is no Master Commissioner sale and the Master Commissioner does not draft the deed.

C. The Master Commissioner shall assess all deed fees in accordance with Part IV of the Administrative Procedures of the Court of Justice. In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25.00 deed fee shall be assessed for review and execution.

Fee

$600

Applies to

Hearing

For other hearings without a sale, settlement, or receivership, fees are assessed under Part IV and paid to the Master Commissioner; hearing fees ordinarily may not exceed $600, subject to the specified extraordinary-circumstances approval process.

F. For any other hearing in which there is no sale, settlement, or receivership, a fee shall be assessed in accordance with Part IV of the Administrative Procedures of the Court of Justice. These fees shall be paid to the Master Commissioner. 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. If a case is reopened, additional fees totaling no more than $200 may be assessed.

Fee

$200

Applies to

Reopened case additional fees

If a case is reopened, additional fees totaling no more than $200 may be assessed.

If a case is reopened, additional fees totaling no more than $200 may be assessed.

Fee

$25

Applies to

Initial bill of discovery

A $25 fee is assessed for the initial Bill of Discovery conducted before the Master Commissioner.

G. A fee of $25.00 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner.

Fee

$25

Applies to

Letter of arrest

A $25 fee is assessed for a Letter of Arrest.

A fee of $25.00 shall be assessed for a Letter of Arrest.

Fee

$100

Applies to

Real estate appraisal

A $100 fee for each appraiser is assessed and taxed as costs when an appraisal is required for a real-estate sale under judgment or court decree.

A. In all sales of real estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100.00 and taxed as costs.

Applies to

Commercial or multiparcel real estate appraisal

For commercial or industrial real estate, multiple-apartment property, or multiple parcels, the court may order an appraiser fee exceeding $100 based on the time, labor, and skill involved.

B. However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting of multiple apartments or multiple parcels, the Court may order a fee of more than $100 for each appraiser taking into consideration the time, labor and skill involved.

Applies to

Personal property appraisal

For a court-directed personal-property appraisal, the court determines each appraiser's fee from evidence concerning the property, number of items, value, and time, labor, and skill required.

C. Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal.

Applies to

Garnishment enforcement action

Garnishment-enforcement actions under KRS 425.501 et seq. may be instituted by paying the fee set by JRP 508 and are docketed for the same day and time as Bills of Discovery.

All actions in enforcement of garnishment pursuant to KRS 425.501, et seq., shall be brought before the Commissioner. They may be instituted by payment of the fee set forth in JRP 508 and will be docketed for the same day and time as Bills of Discovery.

Applies to

Warning order or military attorney matter

In exceptional circumstances, the Warning Order or Military Attorney may petition the Court to set a fee exceeding $125.00 plus postage per defendant.

B. In exceptional circumstances, the Warning Order or Military Attorney may petition the Court to set a fee in excess of the amount specified above.

Fee

$100

Applies to

Cancelled judicial sale

A cancelled judicial sale is charged 50% of the proposed sale fee based on appraised value, or $100 if the property is unappraised, capped at $2,500.

The fee for each cancelled judicial sale shall be 50% of the proposed judicial sale fee, based upon the appraised value ofthe property, or a flat fee of $100 ifthe property has not been appraised. In no case shall the fee for a cancelled sale exceed $2,500 .

Applies to

Master commissioner case expenses

Direct case expenses, including copies, advertising, printed bills, and appraisals, must be assessed.

Direct expenses attributable to the case shall be assessed, including copies, advertising, printed bills and appraisals.

Applies to

Withdrawn sale expenses

Incurred expenses are not refundable if the sale is withdrawn.

If a sale is withdrawn, incurred expenses will not be refunded .

Fee

$50

Applies to

Report on tendered judgment

A $50 fee is assessed for each recommendation on a tendered judgment regardless of the recommendation's outcome.

A $50 report fee shall be assessed for each recommendation on a tendered judgment, whether the report should recommend in favor or against the tendered judgment .

Applies to

Sanction fee

The court may authorize sanction fees for repeated corrective action or repeated attorney or firm errors, payable to the Jefferson Circuit Court Clerk.

Sanction fees may be authorized by the court in cases where repeated corrective action is required, or where individual attorneys or firms repeat the same mistakes causing cases to be reviewed repeatedly by the Master Commissioner's office. Any sanction fee assessed shall be paid to the Jefferson Circuit Court Clerk.

Fee

$50

Applies to

Master commissioner deed

A $50 fee is assessed when the Master Commissioner drafts and executes a deed.

A $50 deed fee shall be, assessed for the Master Commissioner to draft and execute a deed.

Fee

$25

Applies to

Deed review and execution

A $25 deed fee is assessed for review and execution when no Master Commissioner sale is involved and the Master Commissioner does not draft the deed.

In cases which do not involve a Master Commissioner sale and the Master Commissioner does not draft the deed, a $25 deed fee shall be assessed for review and execution.

Applies to

Money payout or estate settlement

A tiered fee is assessed when the Master Commissioner or Receiver pays out money or settles an estate.

The Master Commissioner or Receiver shall assess the following fees when paying out money or settling estates : 3% ofthe first $2,000 2 1/2 % for the next $3,000 ; and ===== PAGE 30 ===== 1 1/2% for the excess over $5,000

Applies to

Insolvent estate account settlement

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

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

Fee

$200

Applies to

Reopened case hearing fees

If a case is reopened, additional fees totaling no more than $200 may be assessed.

If a case is reopened, additional fees totaling no more than $200 may be assessed.

Fee

$7.5

Applies to

Initial bill of discovery

A $7.50 fee is assessed for an initial Bill of Discovery conducted before the Master Commissioner.

A fee of $7.50 shall be assessed for the initial Bill of Discovery conducted before the Master Commissioner.

Fee

$7.5

Applies to

Letter of arrest

A $7.50 fee is assessed for a Letter of Arrest.

A fee of $7.50 shall be assessed for a Letter of Arrest .

Fee

$100

Applies to

Real estate appraisal

When an appraisal is required for a real-estate sale under judgment or court decree, each appraiser receives a $100 fee taxed as costs.

In all sales ofreal estate under judgment or decree of Court where an appraisal is required, the fee for each appraiser shall be $100 .00 and taxed as costs.

Applies to

Specialized real estate appraisal

For commercial, industrial, multiple-apartment, or multiple-parcel real-estate appraisals, the court may award each appraiser more than $100 based on time, labor, and skill.

However, in sales of real estate under judgment or decree of Court involving an appraisal of commercial, industrial real estate or real estate consisting ofmultiple apartments or multiple parcels, the Court may order a fee ofmore than $100 for each appraiser taking into consideration the time, labor and skill involved .

Applies to

Personal property appraisal

For court-directed personal-property appraisals, the court determines each appraiser's fee based on evidence about the property type, number of items, value, and appraisal work.

Where an appraisal of personal property is directed by a judgment or decree of sale, the fee of each appraiser shall be determined by the Court on evidence as the Court may require showing the kind of property appraised, the number of items of property involved, its value, and the time, labor and skill involved in making the appraisal .

Fee

$100

Applies to

Warning order or military attorney matter

The Court assesses a $100 fee for a Warning Order or Military Attorney matter involving one letter and report.

A. In any Warning Order or Military Attorney matter involving only one (1) letter and report, the Court shall assess a $100 fee. For each additional Defendant, the Court shall assess a $50 fee.

Applies to

Warning order or military attorney matter

Only in exceptional circumstances may the Warning Order or Military Attorney petition to set a fee exceeding the specified amounts.

B. In exceptional circumstances only, the Warning Order or Military Attorney may petition the Court to set a fee in excess ofthe amount(s) specified above.

Applies to

Report on tendered distribution or confirmation order

No fee is assessed for reports on tendered distribution and confirmation orders.

A fee shall not be assessed for any reports upon tendered distribution and confirmation orders.

Applies to

Money payout or estate settlement

The money-payout or estate-settlement fee is not assessed when a sale fee applies.

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

Applies to

Master commissioner fees

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

The fees charged by the Master Commissioner are subject to a schedule promulgated in Part IV ofthe Administrative Procedures of the Court of Justice.