Iowa Code 602.8105 – Fees for civil cases and other services — collection and disposition
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Terms Used In Iowa Code 602.8105
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- clerk: means clerk of the court in which the action or proceeding is brought or is pending; and the words "clerk's office" mean the office of that clerk. See Iowa Code 4.1
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Lien: A claim against real or personal property in satisfaction of a debt.
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- seal: shall include an impression upon the paper alone, or upon wax, a wafer affixed to the paper, or an official stamp of a notarial officer as provided in chapter 9B. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
602.8105 Fees for civil cases and other services — collection and disposition.
1. The clerk of the district court shall collect the following fees:
a. Except as otherwise provided in this subsection, for filing and docketing a petition, one hundred ninety-five dollars. In counties having a population of ninety-eight thousand or over, an additional five dollars shall be charged and collected to be known as the journal publication fee and used for the purposes provided for in § 618.13.
b. For filing and docketing a petition for dissolution of marriage, which includes the docketing of any dissolution decree, two hundred sixty-five dollars. It is the intent of the general assembly that twenty percent of the funds generated from these fees be appropriated and used for sexual assault and domestic violence centers and eighty percent of the funds generated from these fees be appropriated to the general fund of the state.
c. For filing and docketing a petition pursuant to chapter 598 other than a dissolution of marriage petition, one hundred ten dollars.
d. For filing and docketing an application for modification of a dissolution decree to which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, one hundred ten dollars.
e. For filing and docketing a petition for adoption pursuant to chapter 600, zero dollars. f. For filing and docketing a small claims action, the amounts specified in § 631.6. g. For an appeal from a judgment in small claims or for filing and docketing a writ of error,
one hundred ninety-five dollars.
h. For a motion to show cause in a civil case, sixty dollars.
i. For filing and docketing a transcript of the judgment in a civil case, sixty dollars.
j. For filing a tribal judgment, one hundred ten dollars.
k. For a civil claim for reimbursement under § 356.7, zero dollars.
2. The clerk of the district court shall collect the following fees for miscellaneous services:
a. For filing and entering any other statutory lien, sixty dollars.
b. For a certificate and seal, thirty dollars. However, there shall be no charge for a certificate and seal to an application to procure a pension, bounty, or back pay for a member of the armed services or other person.
c. For certifying a change in title of real estate, sixty dollars.
d. For filing a praecipe to issue execution under chapter 626, thirty-five dollars. The fee shall be recoverable by the creditor from the debtor against whom the execution is issued. A fee payable by a political subdivision of the state under this paragraph shall be collected by the clerk of the district court as provided in § 602.8109. However, the fee shall be waived and shall not be collected from a political subdivision of the state if a county attorney or county attorney’s designee is collecting a delinquent judgment pursuant to § 602.8107, subsection 4.
e. For filing a praecipe to issue execution under chapter 654, sixty dollars.
f. For filing a confession of judgment under chapter 676, sixty dollars if the judgment is five thousand dollars or less, and one hundred ten dollars if the judgment exceeds five thousand dollars.
g. For filing a lis pendens, sixty dollars.
h. For applicable convictions under § 692A.110 on or after June 25, 2020,* a civil penalty of two hundred sixty dollars.
i. Other fees provided by law.
3. The clerk of the district court shall pay to the treasurer of state all fees which have come into the clerk’s possession and which are unclaimed pursuant to § 556.8 accompanied by a form prescribed by the treasurer. Claims for payment of the moneys must be filed pursuant to chapter 556.
4. The clerk of the district court shall collect a civil penalty assessed against a retailer pursuant to § 126.23B. Any moneys collected from the civil penalty shall be distributed to the city or county that brought the enforcement action for a violation of § 126.23A.
83 Acts, ch 186, §9105, 10201; 83 Acts, ch 204, §14; 85 Acts, ch 175, §11; 85 Acts, ch 195,
§54; 85 Acts, ch 197, §20 – 23; 86 Acts, ch 1011, §1; 86 Acts, ch 1238, §24; 87 Acts, ch 98, §5;
87 Acts, ch 234, §312; 88 Acts, ch 1258, §1; 89 Acts, ch 83, §81; 89 Acts, ch 207, §1; 89 Acts, ch 287, §7; 91 Acts, ch 48, §1; 91 Acts, ch 116, §11 – 13; 91 Acts, ch 218, §21 – 24; 91 Acts, ch
§602.8105, JUDICIAL BRANCH 2
1. The clerk of the district court shall collect the following fees:
a. Except as otherwise provided in this subsection, for filing and docketing a petition, one hundred ninety-five dollars. In counties having a population of ninety-eight thousand or over, an additional five dollars shall be charged and collected to be known as the journal publication fee and used for the purposes provided for in § 618.13.
b. For filing and docketing a petition for dissolution of marriage, which includes the docketing of any dissolution decree, two hundred sixty-five dollars. It is the intent of the general assembly that twenty percent of the funds generated from these fees be appropriated and used for sexual assault and domestic violence centers and eighty percent of the funds generated from these fees be appropriated to the general fund of the state.
c. For filing and docketing a petition pursuant to chapter 598 other than a dissolution of marriage petition, one hundred ten dollars.
d. For filing and docketing an application for modification of a dissolution decree to which a written stipulation is attached at the time of filing containing the agreement of the parties to the terms of modification, one hundred ten dollars.
e. For filing and docketing a petition for adoption pursuant to chapter 600, zero dollars. f. For filing and docketing a small claims action, the amounts specified in § 631.6. g. For an appeal from a judgment in small claims or for filing and docketing a writ of error,
one hundred ninety-five dollars.
h. For a motion to show cause in a civil case, sixty dollars.
i. For filing and docketing a transcript of the judgment in a civil case, sixty dollars.
j. For filing a tribal judgment, one hundred ten dollars.
k. For a civil claim for reimbursement under § 356.7, zero dollars.
2. The clerk of the district court shall collect the following fees for miscellaneous services:
a. For filing and entering any other statutory lien, sixty dollars.
b. For a certificate and seal, thirty dollars. However, there shall be no charge for a certificate and seal to an application to procure a pension, bounty, or back pay for a member of the armed services or other person.
c. For certifying a change in title of real estate, sixty dollars.
d. For filing a praecipe to issue execution under chapter 626, thirty-five dollars. The fee shall be recoverable by the creditor from the debtor against whom the execution is issued. A fee payable by a political subdivision of the state under this paragraph shall be collected by the clerk of the district court as provided in § 602.8109. However, the fee shall be waived and shall not be collected from a political subdivision of the state if a county attorney or county attorney’s designee is collecting a delinquent judgment pursuant to § 602.8107, subsection 4.
e. For filing a praecipe to issue execution under chapter 654, sixty dollars.
f. For filing a confession of judgment under chapter 676, sixty dollars if the judgment is five thousand dollars or less, and one hundred ten dollars if the judgment exceeds five thousand dollars.
g. For filing a lis pendens, sixty dollars.
h. For applicable convictions under § 692A.110 on or after June 25, 2020,* a civil penalty of two hundred sixty dollars.
i. Other fees provided by law.
3. The clerk of the district court shall pay to the treasurer of state all fees which have come into the clerk’s possession and which are unclaimed pursuant to § 556.8 accompanied by a form prescribed by the treasurer. Claims for payment of the moneys must be filed pursuant to chapter 556.
4. The clerk of the district court shall collect a civil penalty assessed against a retailer pursuant to § 126.23B. Any moneys collected from the civil penalty shall be distributed to the city or county that brought the enforcement action for a violation of § 126.23A.
83 Acts, ch 186, §9105, 10201; 83 Acts, ch 204, §14; 85 Acts, ch 175, §11; 85 Acts, ch 195,
§54; 85 Acts, ch 197, §20 – 23; 86 Acts, ch 1011, §1; 86 Acts, ch 1238, §24; 87 Acts, ch 98, §5;
87 Acts, ch 234, §312; 88 Acts, ch 1258, §1; 89 Acts, ch 83, §81; 89 Acts, ch 207, §1; 89 Acts, ch 287, §7; 91 Acts, ch 48, §1; 91 Acts, ch 116, §11 – 13; 91 Acts, ch 218, §21 – 24; 91 Acts, ch
§602.8105, JUDICIAL BRANCH 2
219, §15, 16; 92 Acts, ch 1240, §20; 94 Acts, ch 1074, §5; 95 Acts, ch 91, §4; 95 Acts, ch 124,
§23, 26; 2000 Acts, ch 1188, §3; 2002 Acts, ch 1126, §1; 2003 Acts, ch 44, §102; 2004 Acts, ch
1127, §2; 2005 Acts, ch 15, §5, 14; 2005 Acts, ch 171, §5; 2006 Acts, ch 1052, §1; 2006 Acts, ch
1144, §7, 8; 2007 Acts, ch 71, §3; 2007 Acts, ch 196, §8; 2009 Acts, ch 119, §44; 2009 Acts, ch
179, §54 – 60, 72; 2010 Acts, ch 1159, §9; 2011 Acts, ch 34, §135; 2013 Acts, ch 90, §170; 2020
Acts, ch 1074, §28, 63, 64, 93; 2021 Acts, ch 145, §2, 11, 12
Referred to in §126.23B, 582.4, 602.9104A, 626A.5, 626C.6, 626D.3, 674.10, 692A.110
*2021 amendment to subsection 2, paragraph h applies retroactively to July 15, 2020; 2021 Acts, ch 145, §12