Section 6103.5 Of Chapter 2. Fees From California Government Code >> Division 7. >> Title 1. >> Chapter 2.
6103.5
. (a) Whenever a judgment is recovered by a public agency
named in Section 6103, either as plaintiff or petitioner or as
defendant or respondent, in any action or proceeding to begin, or to
defend, which under the provisions of Section 6103 no fee for any
official service rendered by the clerk of the court, including, but
not limited to, the services of filing, certifying, and preparing
transcripts, nor fee for service of process or notices by a sheriff
or marshal has been paid, other than in a condemnation proceeding,
quiet title action, action for the forfeiture of a fish net or nets
or action for the forfeiture of an automobile or automobiles, the
clerk entering the judgment shall include as a part of the judgment
the amount of the filing fee, and the amount of the fee for the
service of process or notices which would have been paid but for
Section 6103, designating it as such. The clerk entering the judgment
shall include as part of the judgment the amount of the fees for
certifying and preparing transcripts if the court has, in its
discretion, ordered those fees to be paid.
(b) When an amount equal to the clerk's fees and the fees for
service of process and notices is collected upon a judgment pursuant
to subdivision (a), those amounts shall be due and payable to the
clerk and the serving officer respectively. The clerk shall ascertain
from the serving officer's return the amount of fees he or she would
have charged had it not been for the provisions of Section 6103.
Remittances of the amounts so due shall be made within 45 days by the
fiscal officer of the plaintiff or petitioner or respondent or
defendant in the action or proceeding unless those fees have been
collected by the levying officer and remitted to the court. No
interest shall be computed or charged on the amount of the fee. If
the judgment pursuant to subdivision (a) consists only of the amount
of the filing fee, it shall be at the public agency's discretion
whether to seek collection. If the public agency determines not to
seek collection of the filing fee, it shall notify the clerk and no
further action as provided for in this section may be brought against
the public agency.
(c) If the remittance is not received within 45 days of the filing
of a partial satisfaction of judgment in an amount at least equal to
the fees due to the clerk or a satisfaction of judgment has been
filed, notwithstanding any other provision of law and except as
provided in subdivision (b), the court may issue a writ of execution
for recovery from the public agency of those fees plus the fees for
issuance and execution of the writ plus a fee for administering this
section.
(d) The superior court shall set a fee, not to exceed the actual
costs of administering this section, up to a maximum of twenty-five
dollars ($25), which shall be added to the writ of execution.