South Carolina General Assembly
105th Session, 1983-1984

Bill 2097

                    Current Status

Bill Number:               2097
Ratification Number:       242
Act Number                 139
Introducing Body:          House
Subject:                   Fee and cost schedule of clerks of court
                           and registers
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(Text matches printed bills. Document has been reformatted to meet World Wide Web specifications.)

(A139, R242, H2097)

AN ACT TO AMEND SECTION 8-21-310, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE FEE AND COST SCHEDULE OF CLERKS OF COURT AND REGISTERS OF MESNE CONVEYANCES, SO AS TO PROVIDE A FEE FOR RECORDING ASSIGNMENTS WHICH ARE NOT PART OF THE ORIGINAL MORTGAGE; AND TO INCREASE FROM FIFTEEN TO TWENTY-FIVE DOLLARS THE FEE FOR FILING A FIRST COMPLAINT OR PETITION AND DELETE LANGUAGE ALLOWING A FEE TO BE CHARGED FOR ENTRY OF FILING JUDGMENT, ORDER, OR DECREE IN THE ACTION.

Be it enacted by the General Assembly of the State of South Carolina:

Fee

SECTION 1. Item (3) of Section 8-21-310 of the 1976 Code, added by Section 1 of Act 164 of 1979, is amended to read:

"(3) For recording an instrument which assigns, transfers, or affects a single real estate mortgage or other instrument affecting title to real property or lien for the payment of money, unless it is part of the original instrument when initially filed, four dollars; and if the instrument assigns, transfers, or affects more than one real estate mortgage, instrument, or lien, four dollars for each mortgage, instrument, or lien assigned, transferred, or affected and referred to therein and an additional one dollar for each page for any instrument exceeding three pages;".

Fee

SECTION 2. Subitem (a) of item (11) of Section 8-21-310 of the 1976 Code, added by Act 164 of 1979, is amended to read:

"(11) (a) For filing first complaint or petition, including application for a remedial and prerogative writ and bond on attachment or other bond, in a civil action or proceeding, in a court of record, twenty-five dollars. There may be no further fee for filing an amended or supplemental complaint or petition, nor for filing any other paper in the same action or proceeding. An original application for postconviction relief may be filed without fee upon permission of the court to which such application is addressed. There may be no further fee for entering

and filing any verdict, judgment, final decree or order of dismissal and enrolling a judgment thereon, for signing, sealing, and issuanceof execution, for entering satisfaction or partial satisfaction on a judgment;".

Time effective

SECTION 3. This act shall take effect after approval by the Governor.