HB86 Alabama 2012 Session

Updated Feb 27, 2026

Notable

Summary

Primary Sponsor: Paul Beckman
Republican
Session: Regular Session 2012
Title: Court costs, taxing filing fees as costs, Sec. 12-19-49 am'd
Summary: HB86 would tax court filing fees as costs and let those costs be collected from parties, changing who pays filing fees in Alabama courts.
What This Bill Does
It amends the law to treat filing fees as taxable costs in most court proceedings (probate courts are excluded). When costs are assessed against a defendant, prepaid filing fees are added to those costs. A plaintiff may face execution for prepaid costs if a final judgment assigns costs to the defendant, and if collection from the defendant is not possible, execution may be taken against the plaintiff for unpaid fees. The change applies to fees payable to the court clerk at filing time, including administrative or electronic drafting fees.

Who It Affects
Defendants: costs, including prepaid filing fees, can be taxed against them and collected as part of a judgment.
Plaintiffs: may be liable for prepaid costs or for unpaid fees if the defendant cannot pay, potentially leading to execution against the plaintiff.
Clerks of court: filing fees paid to the clerk at filing time (excluding probate court) become taxable as costs.
Probate courts: are exempt from the filing-fee-as-costs rule.

Key Provisions
Amends Section 12-19-49 to allow filing fees to be taxable as costs.
Prepaid filing fees shall be assessed as additional costs when costs are assessed against the defendant.
A plaintiff may have execution against a defendant for prepaid fees assessed as costs by a final judgment.
Execution may be had against a plaintiff when execution against a defendant for unpaid fees results in a sheriff's return indicating 'no property found.'
Any filing fee required for filing a pleading or paper payable to the clerk of the court at filing time (excluding probate court), including administrative costs or electronic draft, shall be taxable as costs.
Effective date: the act becomes law on the first day of the third month following its passage and approval by the Governor.

AI-generated summary using openai/gpt-5-nano on Feb 24, 2026. May contain errors — refer to the official bill text for accuracy.
Subjects: Courts