Bynon, 121018 ALAGO, AGO 2019-7

• Case Date: December 10, 2018
• Court: Alabama

Honorable Robert P. Bynon, Jr. AGO 2019-7 No. 2019-007 Alabama Attorney General Opinion State of Alabama Office of the Attorney General December 10, 2018          Honorable Robert P. Bynon, Jr.          District Judge          Tenth Judicial Circuit          510 Jefferson County Courthouse          Birmingham, Alabama 35203          Courts - Alabama Rules of Civil Procedure - Filing Fees - Court Costs - Jefferson County          A district court has no authority to order a refund of the filing fee on a motion for a default judgment.          The fee may be assessed as costs against any party to the action, including any party responsible for the erroneous filing of the motion.          Dear Judge Bynon:          This opinion of the Attorney General is issued in response to your request.          QUESTIONS          Does a district court judge have the authority to enter an order directing the clerk of court to refund the filing fee to the party who filed a motion for a default judgment in the following instances?          1. A default judgment is applied for by plaintiff. Within 14 days from the rendition of default judgment (or 7 days if an unlawful detainer action), the defendant files an answer to the complaint, judgment is set aside and the case set for trial.          2. An answer is filed but for some reason is not placed onto the State Judicial Information System until after the motion is filed. The default judgment is set aside and the case set for trial.          3. An unlawful detainer action is filed. The defendant does not answer the complaint and the plaintiff files the motion. Prior to entry of judgment, the plaintiff is required to prove a termination notice has been properly served. The notice is faulty and the case dismissed.          4. The plaintiff files the motion. A suggestion of bankruptcy is filed with the clerk prior to a default judgment being entered. The motion is denied due to the bankruptcy.          5. The plaintiff files the...