North Carolina § 7A-308 - Miscellaneous fees and commissions.

§ 7A-308. Miscellaneous fees and commissions.

The following miscellaneous fees and commissions shall be collected by the clerk of superior court and remitted to the State for the support of the General Court of Justice: Foreclosure under power of sale in deed of trust or mortgage .............................................................$300.00 If the property is sold under the power of sale, an additional amount will be charged, determined by the following formula: forty-five cents (.45) per one hundred dollars ($100.00), or major fraction thereof, of the final sale price. If the amount determined by the formula is less than ten dollars ($10.00), a minimum ten dollar ($10.00) fee will be collected. If the amount determined by the formula is more than five hundred dollars ($500.00), a maximum five hundred-dollar ($500.00) fee will be collected. (1a) In rem foreclosures conducted under G.S. 105-375, if the property is sold under execution .....................................$300.00 (2) Proceeding supplemental to execution .......................30.00 (3) Confession of judgment .....................................25.00 (4) Taking a deposition ........................................10.00 (5) Execution ..................................................25.00 (6) Notice of resumption of former name ........................10.00 (7) Taking an acknowledgment or administering an oath, or both, with or without seal, each certificate (except that oaths of office shall be administered to public officials without charge) ........................2.00 (8) Bond, taking justification or approving ................... 10.00 (9) Certificate, under seal .................................... 3.00 (10) Exemplification of records ............................... 10.00 (11) Recording or docketing (including indexing) any document - first page ........................................................... 6.00 - each additional page or fraction thereof .................... .25 (12) Preparation of copies - first page (of each document copied) ................................. 2.00 - each additional page or fraction thereof .................... .25 (13) Preparation and docketing of transcript of judgment .......10.00 (14) Substitution of trustee in deed of trust ..................10.00 (15) Execution of passport application - the amount allowed by federal law (16) Repealed by Session Laws 1989, c. 783, s. 2. (17) Criminal record search except if search is requested by an agency of the State or any of its political subdivisions or by an agency of the United States or by a petitioner in a proceeding under Article 2 of General Statutes Chapter 20 ............................................25.00 (18) Filing the affirmations, acknowledgments, agreements and resulting orders entered into under the provisions of G.S. 110-132 and G.S. 110-133 .................................................................6.00 (19) Repealed by Session Laws 1989, c. 783, s. 3. (20) Filing a motion to assert a right of access under G.S. 1-72.1 ........................................................................30.00 (21) In civil matters, except in actions commenced or prosecuted by a child support enforcement agency established pursuant to Part D of Title IV of the Social Security Act, all alias and pluries summons issued and all endorsements issued on an original summons ............................15.00. The fees and commissions set forth in this section are not chargeable when the service is performed as a part of the regular disposition of any action or special proceeding or the administration of an estate. When a transaction involves more than one of the services set forth in this section, only the greater service fee shall be charged. The Director of the Administrative Office of the courts shall issue guidelines pursuant to G.S. 7A-343(3) to be followed in administering this subsection. The fees set forth in subdivisions (9) and (12) of subsection (a) of this section are not chargeable when copies or certificates under seal are requested by an attorney who has been appointed or who is under contract with the Office of Indigent Defense Services to represent an indigent person at State expense, if the request is made in connection with the appointed case or the contract and during the duration of the appointment or the contract. The fees set forth in subdivision (11) of subsection (a) of this section are not chargeable when service is performed or documents are filed pursuant to the provisions of G.S. 14-112.3 or when an attorney is designating a period of secure leave pursuant to rules adopted by the Supreme Court of North Carolina. A person who participates in a program for the collection of worthless checks under G.S. 14-107.2 must pay a fee of sixty dollars ($60.00). The fee collected under this subsection must be remitted to the State by the clerk of the court in the county in which the program is established and credited to the Collection of Worthless Checks Fund. The Collection of Worthless Checks Fund is created as a special revenue fund. Revenue in the Fund does not revert at the end of the fiscal year, and interest and other investment income earned by the Fund accrues to the Fund. The money in the Fund is subject to appropriation by the General Assembly and may be used solely for the expenses of the programs established under G.S. 14-107.2 for the collection of worthless checks, including personnel, equipment, and other costs of district attorneys' offices that are attributable to the provision of these programs. History (1965, c. 310, s. 1; 1967, c. 691, ss. 32, 33; 1969, c. 1190, s. 31; 1971, c. 956, s. 2; 1973, c. 503, s. 16; c. 886; 1975, c. 829; 1981, c. 313, s. 1; 1983, c. 713, s. 18; 1985, c. 475, ss. 2, 3; c. 481, ss. 6-8; c. 511, s. 2; 1989, c. 783, ss. 2-4; c. 786, ss. 1, 3; 1997-114, s. 1; 1997-443, s. 18.22(a); 1998-23, s. 11; 1998-212, s. 16.3; 1999-237, s. 17.7; 2000-67, s. 15.3A(a); 2000-109, s. 4(e); 2001-516, s. 2; 2002-126, ss. 29A.7(a), 29A.13.1(a); 2002-135, s. 4; 2003-284, s. 36A.2; 2005-251, s. 1; 2007-323, ss. 30.8(e), (f), 30.10(c); 2008-193, s. 2; 2009-317, s. 1; 2009-451, s. 15.20( l ); 2011-145, s. 31.23(e), (g); 2011-285, s. 1; 2011-391, s. 66.1; 2013-225, s. 4(d), (e); 2015-182, s. 3.5; 2019-177, s. 1; 2019-243, ss. 4, 12(a).) Cross References. - As to program for the collection of worthless check cases, see G.S. 14-107.2. Editor's Note. - Session Laws 1997-443, s. 18.22(a), added subsection (c). Initially, Session Laws 1997-443, s. 18.22(d) provided that s. 18.22(a) would apply to Columbus, Durham and Rockingham Counties only, and s. 18.22(e) provided that the act would become effective October 1, 1997, and would expire June 30, 1998. Session Laws 1998-23, s. 11(a) amended Session Laws 1997-443, s. 18.22(e) to provide that s. 18.22 would expire when the 1998 Appropriations Act became law; however, this provision was repealed by Session Laws 1998-212, s. 16.3(d). Section 16.3(a) of Session Laws 1998-212 provided that Session Laws 1997-443, s. 18.22 would expire June 30, 1999, and s. 16.3(d) of that act added Wake to the list of counties to which Session Laws 1997-443, s. 18.22 was applicable. Session Laws 1999-237, s. 17.7(a) deleted the sunset for Session Laws 1997-443, s. 18.22, as amended, and added Brunswick, Bladen, New Hanover, and Pender to the list of counties. Session Laws 2000-67, s. 15.3A, added Cumberland, Edgecombe, Nash, Onslow, and Wilson to the list of counties. The provisions of Session Laws 1997-443, s. 18.22(a) have been codified as subsection (c) of this section at the direction of the Revisor of Statutes. Session Laws 2013-225, s. 8, made the amendment to subsection (a) by Session Laws 2013-225, s. 4(d), applicable to pleadings filed on or after July 1, 2013. Session Laws 2013-360, s. 18B.17(d), made the amendment to subdivision (a)(4) by Session Laws 2013-360, s. 18B.17(c), applicable to notices of hearing on a motion not listed in G.S. 7A-308 filed on or after August 1, 2013. Session Laws 2017-57, s. 18B.1, provides: "Notwithstanding the provisions of G.S. 7A-308(c), the Judicial Department may use any balance remaining in the Collection of Worthless Checks Fund on June 30, 2017, for the purchase or repair of office or information technology equipment during the 2017-2018 fiscal year and may use any balance remaining in the Collection of Worthless Checks Fund on June 30, 2018, for the purchase or repair of office or information technology equipment during the 2018-2019 fiscal year. Prior to using any funds under this section, the Judicial Department shall report to the chairs of the House of Representatives and Senate Appropriations Committees on Justice and Public Safety and the Office of State Budget and Management on the equipment to be purchased or repaired and the reasons for the purchases." For similar prior provisions, see Session Laws 2001-424, s. 22.7, Session Laws 2003-284, s. 13.2, as amended by Session Laws 2004-124, s. 14.2, Session Laws 2005-276, s. 14.3, Session Laws 2006-66, s. 14.1, Session Laws 2007-323, s. 14.8, Session Laws 2009-451, s. 15.5, Session Laws 2010-31, s. 15.1, Session Laws 2011-145, s. 15.4, as amended by Session Laws 2012-142, s. 16.7, Session Laws 2013-360, s. 18B.2, and Session Laws 2015-241, s. 18A.5(a), as amended by Session Laws 2016-94, s. 19B.2. Session Laws 2017-57, s. 1.1, provides: "This act shall be known as the 'Current Operations Appropriations Act of 2017.'" Session Laws 2017-57, s. 39.4, provides: "Except for statutory changes or other provisions that clearly indicate an intention to have effects beyond the 2017-2019 fiscal biennium, the textual provisions of this act apply only to funds appropriated for, and activities occurring during, the 2017-2019 fiscal biennium." Session Laws 2017-57, s. 39.6, is a severability clause. Session Laws 2019-243, s. 12(c), made subdivision (a)(1a) of this section, as added by Session Laws 2019-243, s. 12(a), effective December 1, 2019, and applicable to execution sales conducted on or after that date. Effect of Amendments. - Session Laws 2009-317, s. 1, effective July 17, 2009, in subsection (b1), inserted "or who is under contract with the Office of Indigent Defense Services" near the middle, and inserted "or the contract" twice near the end. Session Laws 2009-451, s. 15.20(l), effective September 1, 2009, and applicable to fees assessed or collected on or after that date, substituted "$150.00" for "$75.00" in subdivision (a)(1), and "25.00" for "15.00" in subdivision (a)(17). Session Laws 2011-145, s. 31.23(e), effective July 1, 2011, substituted "$300.00" for "$150.00" in subdivision (a)(1); and added subdivision (a)(21). For applicability, see Editor's note. Session Laws 2013-225, s. 4(d), effective July 1, 2013, added "except in actions commenced or prosecuted by a child support enforcement agency established pursuant to Part D of Title IV of the Social Security Act" in subdivision (a)(21). For applicability, see editor's note. Session Laws 2015-182, s. 3.5, effective October 1, 2015, and applicable to offenses committed on or after that date, added subsection (b2). Session Laws 2019-177, s. 1, effective July 26, 2019, deleted the "$" before "15.00" in subdivision (a)(21). Session Laws 2019-243, s. 4, effective November 6, 2019, added "or when an attorney is designating a period of secure leave pursuant to rules adopted by the Supreme Court of North Carolina" at the end of subsection (b2). Session Laws 2019-243, s. 12(a), added subdivision (a)(1a). For effective date and applicability, see editor's note.