Bellevue Municipal Court, Ohio Filing Fees and Waivers

CRITICAL

Applies to

Fax filing

The fax filer bears transmission costs, owes any applicable filing fee within five days of receipt, and may have the document struck for failure to pay; there is no separate fax-filing charge.

The party filing a document by facsimile transmission shall be responsible for all costs of the transmission. There is no separate charge for filing a document by facsimile transmission. The party is still responsible, however, for all filing fees associated with the filing of the document. The filing fee is required to be paid within five (5) days of the receipt of the document filed by facsimile transmission. Failure to timely pay the filing fees may result in the Clerk's striking the document from the record.

CRITICAL

The filing fee in the court's cost schedule must be deposited before an action or proceeding is accepted, unless the Clerk investigates and confirms a representation of indigency, in which case the security for costs is waived.

No action or proceeding shall be accepted for filing by the Clerk of this Comi unless there first be deposited the filing fee required by this court in its schedule of costs, except that upon representation of indigency, the Clerk of this court shall investigate the accuracy of such representation and upon finding that such indigency does exist, the security for cost shall be waived.

CRITICAL

Applies to

Satisfaction of judgment

All court costs must be paid before the Clerk enters a satisfaction of judgment.

(A) No satisfaction ofjudgment shall be entered by the Clerk of Court unless and until all court costs have been paid.

CRITICAL

Applies to

Alias order

An alias order is allowed only after service of the writ has failed and an additional deposit is made with the Clerk.

No alias order shall be allowed unless there has been failure of service on the writ after an additional deposit is made with the Clerk.

CRITICAL

Applies to

Jury demand

A deposit set by the Court's cost schedule is due when a civil jury demand is filed unless otherwise ordered; failure to pay waives jury trial, an indigent person may petition for a waiver, and criminal cases require no deposit.

For j ury trials in civil cases, a deposit, as set out in the Court's cost schedule, shall be made at the time the jury demand is filed with the Court, unless otherwise ordered by the Court The failure to make the deposit as required by court order or Rules of Court shall be deemed a waiver of the right to a trial by jury. A person to be indigent may petition the Court for a waiver of the jury deposit requirement. In criminal cases, no deposit shall be required.

CRITICAL

Applies to

Small claim transfer

A small claim is transferred to the regular docket only after the required motion and affidavit are filed and the required costs are paid.

Upon filing of motion and affidavit, as required by Ohio Revised Section 1 925. 1 0, and upon payment of the required cost, the small claim will be transferred to the regular docket. No transfer will be granted until the filing costs are paid.

CRITICAL

Applies to

Affidavit in aid of execution

The required schedule-of-fees deposit must be paid to the Clerk when the affidavit is filed.

The deposit required by the Comt schedule of fees and deposits, shall be made with the Clerk at the time of the filing of the affidavit.

CRITICAL

Applies to

Affidavit in aid of execution

The statutory fee for each garnishee must accompany the affidavit.

The garnishee fee as required by statute per garnishee shall accompany the affidavit.

WARNING

Applies to

New action or proceeding

The Clerk may refuse to accept a new action or proceeding from a party with unpaid costs until those costs are paid, unless the Court orders otherwise.

When a judgment for costs appears against a party unsatisfied, the Clerk may refuse to accept for filing any new action or proceeding instituted by such party, unless otherwise ordered by the Court, without first making payments to the Clerk of such unpaid costs.

WARNING

Failure to file the materials required by subdivision (D) does not void the proceeding, but the resulting cost is assessed against the party who failed to comply.

Failure to comply with the requirements of subdivision (D) hereof shall not render the proceeding void; but shall affect the taxing of the cost only. Said cost shall be assessed the party fail ing to comply with this Rule.

WARNING

Deposits and advance fee or cost payments may be returned only by court order and only if paid by the party against whom the court assessed them.

Deposits and advance payments of fees and costs shall be returned only by order of court and only when the same have been paid by the party against whom they are assessed by the court.

WARNING

When the bailiff must perform services connected with property, a deposit sufficient to cover the probable charge is required in each case.

In cases where it becomes necessary for the bailiff to perform services in connection with property, the bailiff shall require a deposit sufficient to secure the probable charge in each case.

WARNING

Fee

100 $

Applies to

Post judgment garnishment of wages update

The fee for a post-judgment wage-garnishment update is $100 when the judgment balance is $3,000 or less.

Post-Judgment garnishment of wages up-date on fees: Balance due on judgment of $3 ,000.00 or l ess: $ 1 00.00 Balance due on judgment greater than $3,000.00 $ 1 60.00 These costs were revised, effective as of February 1, 20 12.

WARNING

A reasonable Court-approved charge may be taxed as costs, and property seized under a writ or Court process need not be released until the charge is approved and paid.

Any reasonable charge when approved by the Court shall be taxed as part of the costs of the action and any property seized under any writ or process of the Court need not to be released until said charges are approved and paid.

WARNING

Applies to

Court costs

The revised court-cost schedule applies to proceedings filed on or after November 6, 2023.

it is the rule of this Court and hereby ORDERED that the revised schedule of costs be effective November 6, 2023. Costs will herein be effective for all proceedings filed on or after November 6, 2023 .