Judges: STEVE CLARK, Attorney General
Filed Date: 11/29/1989
Status: Precedential
Modified Date: 7/5/2016
The Honorable Nick Wilson State Senator P.O. Box 525 Pocahontas, Arkansas 72455
Dear Senator Wilson:
This is in response to your request for an opinion concerning the fees chargeable for filing foreign judgments in Arkansas. You note that there is an apparent conflict between Acts 501 and 534 of 1989 on the question. Act 501 authorizes the same fee that would be paid for the filing of a civil action, (in Randolph County $60.75), and Act 534 authorizes a $6.00 fee. In light of this conflict, your specific questions are as follows:
In light of Act 501 and Act 534, should the clerk of the Randolph County Circuit Court charge a filing fee of $60.75 or $6.00 for filing a judgment from a municipal court or small claims court of an Arkansas municipality or another court of this State? Should the clerk of the Randolph County Circuit Court charge a fee of $60.75 or $6.00 for filing a judgment from a court of another state or the United States?
You have posed two questions. The first concerns the situation in which a municipal court judgment, small claims court judgment, or other judgment from a court of this state is filed with the circuit clerk. It should be noted that these judgments are not "foreign judgments". Thus, neither Act 501, nor A.C.A.
With regard to your second question which involves the filing of true "foreign judgments", please note that I have enclosed a copy of Opinion No.
The foregoing opinion, which I hereby approve, was prepared by Assistant Attorney General Elana L. Cunningham.
Sincerely,
STEVE CLARK Attorney General
SC:arb