Notice To Tenant Of Payment Required To Avoid Eviction Template Page 2
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4Rule 15. Fees and
cCosts.
(a) FEESees. Fees
mustshall
be in accordance with the schedule set out in
Civil
Rule
of Civil
Procedure
202.
(b) COSTSosts. UpOn entry of judgment, the prevailing party
mustshall
be
awarded,
as a matter
of
course,
all taxable costs in the action including
the filing fee, notary fee, postage, and
a
maximum
fee
of
$10.00 8.50per defendant
to cover the costs incurred for service by a special
process server. Notwithstanding
Civil
Rule
of Civil Procedure
54(d),
any court filing fee and
U.S. Marshals Service administrative feefees
for any writ of restitution, including alias writs,
mustshall
be awarded as
a
cost without further action by the Ccourt.
Any other fee associated
with any writ of restitution must be awarded as a cost if the United States Marshals Service
appears on the premises to execute the writ, regardless of whether the writ is executed. The clerk
must tax
Ccosts
shall be taxed by the Clerk
upon the filing of the writ of restitution pursuant to
Landlord and Tenant
Rule 16(a) and payment of the required fees.
The Clerk shall enter on the
case jacket the costs so taxed.
Other costs may, in the Ccourt's discretion, be awarded to the
prevailing party or any other party, as appropriate, and costs may be awarded so as to discourage
the filing of frivolous, vexatious, or premature actions or defenses.
COMMENT
The fee for a writ of restitution includes a filing fee charged by the court, and an
administrative fee and an execution fee charged by the U.S. Marshals Service. The court’s filing
fee and U.S. Marshals Service’s administrative fee are awarded as costs upon payment by the
plaintiff to the clerk. The execution fee must be paid by the plaintiff to the court upon filing of a
writ of restitution, but is awarded as a cost only if charged by the U.S. Marshals Service.
In many instances, the plaintiff does not seek to schedule an eviction after a judgment for
possession is obtained because the tenant redeems the tenancy, or vacates the premises, or for
other reasons. If the U.S. Marshals Service does not appear on the premises to conduct an
eviction, then the U.S. Marshals Service generally does not charge the execution fee and the
court returns the fee to the plaintiff. The fee is returned approximately 90 days after the writ of
restitution expires or is quashed, including any alias or reissued writ, or earlier if the plaintiff
files a praecipe stating that the plaintiff will not be seeking re-issuance of the writ. In some
instances, the U.S. Marshals Service may appear on the premises to supervise an eviction that
does not take place, for example, because the writ of restitution is quashed or stayed before the
eviction is concluded. In those circumstances, as well as in circumstances where the writ is
executed, the U.S. Marshals Service does charge the execution fee, and that fee therefore is
taxable as a cost.
In the past, the court has required the defendant to include the execution fee in the amount
required to redeem the tenancy. Based on the amended rule, the execution fee will be required as
part of the amount the tenant must pay to redeem the tenancy only if the redemption is taking
place when the U.S. Marshals Service has appeared on the premises to execute the writ.
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