488.020. Collection of court costs, when, how.

MISSOURI STATUTES AND CODES

488.020. Collection of court costs, when, how.

Collection of court costs, when, how.

488.020. Except as otherwise provided by law, all court costs arepayable prior to the time the service is rendered; provided that if theamount of such court cost cannot be readily determined, then the clerkshall collect a deposit based upon the likely amount of such court cost,and the balance of such court cost shall be payable immediately uponascertainment of the proper amount of said court cost. An official mayrefuse to perform any service in any action or proceeding, other than acriminal proceeding or when costs are waived as provided by law, until thecourt costs are paid. Failure to collect the court cost shall not affectthe validity of the court cost or service. The supreme court may provideby rule for imposition of interest on any court costs not paid withinthirty days of when due. If any court cost is not paid when due, thefollowing actions may be taken:

(1) Upon notification by the court or clerk to the party from whomthe court cost is due or such party's attorney, and upon the failure to paythe court cost after such notice, the court may dismiss the action or anyclaim by the defaulting party which is part of the action, withoutprejudice to the party;

(2) The court may refuse to enter any order or judgment in favor ofthe defaulting party, or if within the time period allowed by law beforethe order or judgment is final, may withdraw such order or judgment;

(3) Upon notification to the party from whom the court cost is due,and upon failure to pay the fee after such notice, the court may inform theoffice of administration of any delinquencies in excess of twenty-fivedollars. Upon receiving such notice, and without further notice by theoffice of administration to the defaulting party, the office ofadministration shall deduct the amount of unpaid court costs from anypayment by the state to the defaulting party under any provision of law.The office of administration shall transmit the amount set off to thecourt, and shall send the excess amount to the payee, with a notice thatthe remainder of the refund was transmitted to the court in satisfaction ofall or part of the unpaid court costs. The office of administration andits officials and employees shall not be liable to any person for anyaction taken in accordance with the requirements of this subdivision. Anyproceeding contesting any action taken by a court or the office ofadministration pursuant to this subdivision shall be brought in the courtwhich certified such unpaid fees to the office of administration, and shallbe deemed ancillary to the proceeding for which such unpaid fees wereassessed. No appearance, responsive pleading or discovery shall be duefrom the office of administration in such proceeding except upon order ofthe court;

(4) Upon notification to the party from whom the fee is due, afailure to pay the fee after such notice, and a showing of the party'sability to pay the fee, the court may hold the party in contempt.