Scott Circuit Court Filing Fees and Waivers

CRITICAL

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

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

Fee

50

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

CRITICAL

The Court determines an ordered auctioneer’s fee, which may not exceed six percent 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

Hearing fees are capped at $600 per case unless the Circuit Judge recommends and the Chief Judge approves an exception for shown extraordinary circumstances.

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

In mortgage foreclosure and real estate lien enforcement cases, the Circuit Clerk collects the JSAF along with the original filing fee.

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.

CRITICAL

Fee

400

A sale withdrawn before appraisal incurs a $400 fee, unless the Circuit Court approves a different fee of up to $2,500 upon good cause shown by proper motion.

If the sale is withdrawn before an appraisal has been completed, a sale fee of $400.00 shall be assessed; or, upon good cause shown by proper motion, the Circuit Court may approve some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

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

A separate JSAF and Order of Referral are required for each property in an action involving the sale of multiple properties.

In all such actions involving the sale of multiple properties, a separate JSAF and order of referral shall be required for each property.

CRITICAL

Hearing fees must be paid to the Master Commissioner by the fifth working day after the hearing concludes.

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

The fee is capped at $5,000.

The fee shall never exceed $5,000.

CRITICAL

A deposit sufficient to cover the direct cost of the sale must be paid to the Master Commissioner.

As referenced in Rule XXV(F), a deposit shall be paid to the Master Commissioner sufficient to pay the direct cost of the sale.

CRITICAL

Applies to

Motion for judgment and order of sale

The JSAF is not due and payable until a Motion for Judgment and Order of Sale is filed.

The JSAF shall not be due and payable until a Motion for Judgment and Order of Sale is filed in an action.

CRITICAL

If a case is reopened, additional fees may total no more than $200 unless the Circuit Judge recommends and the Chief Judge approves an exception for shown extraordinary circumstances.

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.

CRITICAL

Fee

150

Each appraiser in a real-estate sale where an appraisal is required receives $150 from the sale proceeds, unless the Court orders otherwise.

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

Fee

650

A $650 fee 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

Applies to

Motion to modify child custody

A motion to modify must be filed in a new custody proceeding and requires a filing fee, subject to an exception that is cut off in the provided text.

However, any motions to modify shall be filed in a new custody proceeding and require a filing fee unless the

CRITICAL

When an Order or Judgment requires advertisement, the submitting party must deposit the Master Commissioner's estimated advertising and/or appraisal costs 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

When paying out money or settling estates, the Master Commissioner or Receiver assesses 3% of the first $2,000, 2½% of the next $3,000, and 1½% of 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

Fee

$50

Applies to

Reopening fee

The $50 reopening fee is not paid for motions in Title IV-D cases seeking child support modification or enforcement.

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.

CRITICAL

For other hearings without a sale, settlement, or receivership, a fee of $60 per hour is assessed in quarter-hour increments.

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.

CRITICAL

A withdrawn sale is subject to a fee based on the greater of the stated appraisal-based calculation or $400, capped at $2,500 unless multiple properties, parcels, or judgments are involved, with an additional fee for each additional one.

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

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

A fee is assessed for the hearing and report in a Chapter 425 possessory or attachment matter 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

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 a rescheduling motion is filed or, absent a motion, before the property is rescheduled.

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

Fee

$50

Applies to

Reopening fee

The reopening fee is charged for later custody or visitation motions in a Title IV-D-initiated action when brought by private counsel or a self-represented party rather than Title IV-D counsel, unless the motion is in forma pauperis.

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.

WARNING

Incurred expenses are not refunded if a sale is withdrawn.

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

WARNING

The Court fixes each appraiser’s fee for a court-directed personal-property appraisal based on evidence it may require about the property, item count, value, and appraisal effort.

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

Applies to

Judicial sale

The fee for each judicial sale is 3% of the final bid, with a $400 minimum and $5,000 maximum unless the sale involves more than one property, parcel, or judgment.

The fee for each judicial sale shall be calculated as 3% of the final bid. The fee based upon this calculation shall be no less than $400 and shall not exceed $5,000 unless the sale involves more than one property, parcel, or judgment.

WARNING

The Master Commissioner may recover necessary direct expenses attributable to a case referred for judicial sale, including the listed costs.

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.

WARNING

Fee

200

No additional $200 JSAF is charged when a withdrawn judicial sale 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.

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

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

The Circuit Court Clerk must transmit the fee to the Administrative Office of the Courts as directed by AOC.

The fee shall be transmitted by the Circuit Court Clerk to the Administrative Office of the Courts as directed by AOC.

WARNING

In computing the fee for settling an insolvent estate, exclude amounts exempt from creditors.

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

WARNING

Applies to

Bond

A fee is payable to the Circuit Court Clerk when bonds are 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.

WARNING

Master Commissioner fees are governed by the Part IV fee schedule and its 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.

INFO

Applies to

Emergency custody order copy

The Circuit Clerk must provide a copy of the Emergency Custody Order at no cost 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 qualifying commercial-industrial or multiple-parcel real-estate appraisals, the Court may order an additional fee that accounts for 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.