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Department of Consumer Affairs
New Consumer Laws 2009
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COURT FEES – COURTS MAY RECOVER WAIVERS
AB 2448, Government Code 68630 et seq.
Effective July 1, 2009
This new law provides that the court shall grant an initial fee waiver at any stage of the proceedings at the appellate and trial court level levels if an applicant meets eligibility and application requirements.
This law authorizes the court to reconsider the initial fee waiver. It also authorizes the court to recover waived fees and costs by imposing a lien in favor of the court against any settlement, compromise, award, or other recovery in excess of $10,000.
This law requires applicants for an initial fee waiver to complete application forms under penalty of perjury. A party who petitions the court to enter satisfaction of judgment is required to declare under penalty of perjury that any order requiring payment of waived fees and costs has been satisfied. A party who petitions the court for dismissal in a case is required to declare under penalty of perjury that a lien in favor of the court against any settlement, compromise, award, or other recovery has been paid.
This law also requires the Judicial Council to adopt rules and forms to establish uniform procedures to implement these provisions.
May be reprinted for non-commercial use if a credit line is included acknowledging the County of Los Angeles Department of Consumer Affairs.
For more information:
County of Los Angeles Department of Consumer Affairs
B-96 Kenneth Hahn Hall of Administration
500 W. Temple Street * Los Angeles, CA 90012-2706
Telephone (800) 593-8222 (within the County) * (213) 974-1452
Web site: dca.lacounty.gov
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