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Fauquier County > Government > Circuit Court Clerk
 
           

Court Fees

COURT FILING FEES, Effective July 1, 2008

CIVIL ACTIONS

Circuit Court Filing Fee Calcuation

  1. Complaint
    • Less than $50,000....................$84.00
    • Over $50,000 to $100,000.....$144.00
    • Over $100,000.......................$204.00

    1 A. Petitions for Compromise Settlement (e.g. Infant Settlements)
    • Less than $50,000....................$70.00
    • Over $50,000 to $100,000.....$80.00
    • Over $100,000.......................$90.00

  2. Confessed Judgment
    Fees based on same schedule as Complaint plus $10.00 for docket fee and postage for certified mail, if applicable
  3. Counterclaim
    Clerk's fee based on amount of Judgment
    • Less than $50,000....................$79.00
    • Over $50,000 to $100,000.....$129.00
    • Over $100,000.......................$179.00
  4. Third Party Complaint
    Writ tax and Clerk's fee based on amount
    • Less than $50,000....................$84.00
    • Over $50,000 to $100,000.....$144.00
    • Over $100,000.......................$204.00
  5. Petition to restore operator's license.....$84.00
  6. Petition for Habeas Corpus.....$37.00
  7. Condemnation Actions, other than Commonwealth.....$29.00
    7 A. Petition to Release Condemnation Funds.....$10.00
  8. Petition for Erroneous Assessment.....$84.00
  9. Petition for Name Change.....$39.00
  10. Adoptions
    • Petition for Domestic Adoption.....$89.00
    • Petition for Foreign Adoption.....$39.00
    • Registration of Foreign Adoption.....$84.00
  11. Petition to encumber church property.....$29.00
  12. Divorces and all other equity actions.....$84.00
    • Declaratory Judgment or Mechanic's Lien Suit for more than $50,000 up to $100,000............$94.00
    • Declaratory Judgment or Mechanic's Lien Suit for over $100,000............$107.00
  13. Garnishments
    • Up to $500.00............$35.50 (plus service of summons and fifa)
    • More than $500.00.....$45.50 (plus service of summons and fifa)
  14. Attachments
    • Up to $500.00............$39.00
    • More than $500.00.....$49.00
  15. Petition to reopen case (reinstatement).....$29.00
  16. Petition to appoint church trustees.....$29.00
  17. Petition to appoint minister to perform marriages.....$29.00
  18. Show Cause order for Distribution.....$29.00
  19. Application for concealed handgun.....$50.00
  20. Request for subpoena pursuant to Foreign Depositions Act.....$29.00
  21. Preparation of appeal to Court of Appeals or Supreme Court.....$20.00
  22. Request for Subpoena duces tecum.....$5.00
  23. Interrogatories (includes service).....$30.50
  24. Service fees: $12.00 to Sheriff for each paper served; $25.00 for service of fifa (levy)
    • To Department of Motor Vehicles.....$28.00 plus Sheriff's Fee
    • To State Corporation Commission.....$30.00 plus Sheriff's Fee
    • To Secretary of the Commonwealth.....$28.00

    Please follow the statute and include the required certified mailing forms.

JUDGMENTS

  1. Docket judgment.....$10.00
  2. Release judgment.....No Fee
  3. Issue abstract of judgment.....$5.00
  4. Issue abstract under triple-seal.....$7.50
  5. Docket foreign judgment.....$25.00
  6. Docket lien for local assessment.....$5.00
  7. Docket water & sewer lien.....$5.00
  8. Docket Federal tax lien & notices affecting tax lien.....$5.00
  9. Index judgment in new name.....$5.00
  10. Assignment of judgment.....$10.00
  11. Issue fifa/execution ...........$1.50 (Plus $25.00 Sheriff's fee)

MISCELLANEOUS PROBATE FILINGS

  1. List of Heirs......................$16.00
  2. Heirs Affidavit..................$17.00
  3. Disclaimer........................$21.00
  4. Renunciation of Will.......$16.00
  5. Small Estate Affidavit.....$16.00

FINANCING STATEMENTS

  1. Including original, amendments, terminations, releases, and continuations.....$20.00
    (Please refer to Virginia Code Section 8.9A, which has been re-written)

RECORDATION FEES

EFFECTIVE JULY 1, 2003,
PURSUANT TO SECTION 17.1-227 OF THE CODE OF VIRGINIA, AS AMENDED,
THIS CLERK’S OFFICE WILL NOT KNOWINGLY ACCEPT ANY INSTRUMENT SUBMITTED FOR RECORDATION IN THE DEED BOOK THAT INCLUDES THE FOLLOWING:
1. GRANTOR’S SOCIAL SECURITY NUMBER
2. GRANTEE’S SOCIAL SECURITY NUMBER
3. TRUSTEE’S SOCIAL SECURITY NUMBER
  1. Clerk’s fee for each deed, deed of trust , or correction, which includes fee for open space preservation (not applicable in all jurisdictions)
    • Deed with 1 to 10 pages - $22
    • Deed with 11 to 30 pages - $36
    • Deed with 31 or more pages - $56
  2. Deeds of Conveyance/Bargain & Sale:
    • Clerk's fee as set out in item (1) above - plus $1.00 transfer fee, and grantor and grantee taxes. Additional $10.00 Deed Processing Fee unless grantee tax does not apply
  3. Deeds of Trust, Supplemental Deeds of Trust, Modification Agreements
    • Clerk's fee as set out in item (1) above - plus grantee tax. Additional $10 Deed Processing Fee, unless grantee tax does not apply
  4. Deeds of Partition
    • Clerk's fee as set out in item (1) above - plus $.50 state tax and $1.75 transfer fee.
  5. Deed between Husband and wife
    • Clerk's fee as set out in item (1) above - plus $1.00 transfer fee. (Minimum Fee: $23.00)
  6. Deed pursuant to divorce
    • Clerk's fee as set out in item (1) above - plus $.50 state tax and $1.00 transfer fee. (Minimum Fee: $23.50)
  7. Deed of Gift
    • Clerk's fee as set out in item (1) above - plus $1.00 transfer fee. (Minimum Fee: $23.00)
  8. Deed of Easement
    • Clerk's fee as set out in item (1) above plus $10.00 deed processing fee plus grantee tax. (Minimum Fee: $32.20 effective 7/1/04; minimum fee of $32.33, effective 9/1/04)
  9. Documents requiring Clerk's fee only, except deeds and deeds of trust, as listed below
    • Documents with 1 to 10 pages...$21.00
    • Documents with 11 to 30 pages...$35.00
    • Documents with 31 or more pages...$55.00
      (Each action within a document will be charged as a separate document)
    • Assignments, Certificate of Transfer
    • Power of Attorney, Revocation of Power of Attorney
    • Subordinations, Appointment of Substitute Trustees
    • Third Party Tax Payment Agreement
    • Homestead Deeds
    • Court orders or decrees, Name Change
    • Mechanic's Lien, Release of Mechanic's Lien
    • Plats & Survey (must be approved by proper County or Town Officials)
    • Lis Pendens, Release of Lis Pendens
  10. Deed of Release or Partial Release
    • Fee of $23.50 for up to 10 pages
  11. Certificate of Satisfaction/Partial Satisfaction
    • Total Fee of $31.00
IMPORTANT! Additional Changes Coming
September 1, 2004

A CHANGE IN THE CALCULATION OF THE
RECORDATION TAX
(GRANTEE TAX) :
BE PREPARED TO BE TAXED AT THE STATE
RATE
OF $.25 PER $100 OF VALUE OR CONSIDERATION
(an increase from $.15 per $100)

THE COUNTY RECORDATION TAX WILL BE AN
ADDITIONAL ONE-THIRD (1/3) OF THE STATE
TAX ($.083333 PER $100)
(an increase from $.05 per $100)
There is not change in the grantor tax, which is $.50 per $500.


MISCELLANEOUS FEES

  1. Copies
    • Miscellaneous.....$0.50 per page
    • Vital Records (Marriage, Birth and Death).....$3.00 each
    • Certification of copies.....$2.00
  2. Notary Public Qualification.....$10.00
  3. Certificate of Qualification.....$2.00
  4. Triple seal certificate of qualification .....$2.50

Date Last Modified: 06/16/2009

  
 

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