Effective - 28 Aug 1997
488.020. Collection of court costs, when, how. — Except as otherwise provided by law, all court costs are payable prior to the time the service is rendered; provided that if the amount of such court cost cannot be readily determined, then the clerk shall collect a deposit based upon the likely amount of such court cost, and the balance of such court cost shall be payable immediately upon ascertainment of the proper amount of said court cost. An official may refuse to perform any service in any action or proceeding, other than a criminal proceeding or when costs are waived as provided by law, until the court costs are paid. Failure to collect the court cost shall not affect the validity of the court cost or service. The supreme court may provide by rule for imposition of interest on any court costs not paid within thirty days of when due. If any court cost is not paid when due, the following actions may be taken:
(1) Upon notification by the court or clerk to the party from whom the court cost is due or such party's attorney, and upon the failure to pay the court cost after such notice, the court may dismiss the action or any claim by the defaulting party which is part of the action, without prejudice to the party;
(2) The court may refuse to enter any order or judgment in favor of the defaulting party, or if within the time period allowed by law before the order or judgment is final, may withdraw such order or judgment;
(3) Upon notification to the party from whom the court cost is due, and upon failure to pay the fee after such notice, the court may inform the office of administration of any delinquencies in excess of twenty-five dollars. Upon receiving such notice, and without further notice by the office of administration to the defaulting party, the office of administration shall deduct the amount of unpaid court costs from any payment by the state to the defaulting party under any provision of law. The office of administration shall transmit the amount set off to the court, and shall send the excess amount to the payee, with a notice that the remainder of the refund was transmitted to the court in satisfaction of all or part of the unpaid court costs. The office of administration and its officials and employees shall not be liable to any person for any action taken in accordance with the requirements of this subdivision. Any proceeding contesting any action taken by a court or the office of administration pursuant to this subdivision shall be brought in the court which certified such unpaid fees to the office of administration, and shall be deemed ancillary to the proceeding for which such unpaid fees were assessed. No appearance, responsive pleading or discovery shall be due from the office of administration in such proceeding except upon order of the court;
(4) Upon notification to the party from whom the fee is due, a failure to pay the fee after such notice, and a showing of the party's ability to pay the fee, the court may hold the party in contempt.
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(L. 1996 S.B. 869 § 514.015 subsec. 9, A.L. 1997 S.B. 248)
Structure Missouri Revised Statutes
Section 488.005 - Clerk not to collect surcharge, when.
Section 488.006 - Infraction charges imposed same as misdemeanor charges.
Section 488.010 - Definitions.
Section 488.012 - Clerk to collect — supreme court to set amount — amount prior to adjustment.
Section 488.014 - Overpayment of court costs, no duty to refund, when.
Section 488.016 - Veterans, waiver of costs, when.
Section 488.018 - Disbursement of court costs.
Section 488.020 - Collection of court costs, when, how.
Section 488.024 - Assessment of surcharge, exceptions — remittance to sheriffs' retirement fund.
Section 488.027 - Statewide court automation fund fee, amount, disposition.
Section 488.031 - Additional fees for civil and criminal actions and proceedings, collection of.
Section 488.032 - Fees of witnesses — examination on oath.
Section 488.035 - Witness in criminal proceedings, mileage allowance and per diem.
Section 488.045 - Costs for impaneling jury to be paid, when.
Section 488.064 - Handling fee for child support payments, paid to clerk, when (Marion County).
Section 488.200 - Centralized bureau funds.
Section 488.315 - Surcharge for juvenile justice preservation fund — contingent expiration.
Section 488.432 - Party filing suit may recover deposit.
Section 488.435 - Sheriff to receive charges for civil cases.
Section 488.474 - Utility right of access, wrongful action — recovery of costs.
Section 488.605 - Circuit clerk, duties — (child support).
Section 488.610 - Victim of domestic assault, stalking, or domestic violence not to pay costs.
Section 488.627 - Dispositional hearing for juvenile, witness fee and mileage allowance.
Section 488.635 - Surcharge collected, deposit into domestic relations resolution fund.
Section 488.650 - Expungement cases under section 610.140, surcharge, amount, waiver.
Section 488.1005 - Fee to accompany request for notice of final or partial distribution.
Section 488.1010 - Fee required for will deposit.
Section 488.2206 - Circuit No. 37, additional surcharge for a county or municipal judicial facility.
Section 488.2230 - Municipal ordinance violations, additional court costs (Kansas City).
Section 488.2235 - Kansas City, additional surcharge for municipal courthouses.
Section 488.2245 - City of Florissant, additional surcharge for a municipal courthouse.
Section 488.2250 - Fees for appeal transcript of testimony — judge may order transcript, when.
Section 488.2253 - Fees, amount, payment.
Section 488.5017 - Surcharge in criminal and infraction cases, exceptions.
Section 488.5025 - Judgments paid on time-payment basis, additional assessment for.
Section 488.5028 - Court cost delinquencies, income tax setoff may be requested, procedure.
Section 488.5320 - Charges in criminal cases, sheriffs and other officers — MODEX fund created.
Section 488.5334 - Reimbursement of costs of arrest, when — limitations.
Section 488.5342 - Appointment of substitute prosecutor, when — fees.
Section 488.5345 - Cost of necessary clothing for prisoner, how paid.
Section 488.5356 - Change of venue, costs allowed when.
Section 488.5358 - Treatment court operations, surcharge for, exceptions (Jackson County).
Section 488.5375 - Additional cost, certain felony sexual offenses with electronic devices seized.
Section 488.6697 - Recording of order of consolidation — fee.