If a court finds that a person cannot pay fees and the costs associated with a civil court action, it can authorize commencement or defense of the action without prepayment of costs.
Sponsored by Rep. Melissa Hortman (DFL-Brooklyn Park), HF2660 would, in part, amend in forma pauperis statutes by authorizing the court to order partial payment of court fees if the person doesn’t meet IFP eligibility requirements, but is also unable to pay all of the court costs.
Additionally, it would clarify that if someone is no longer categorically eligible or if a person received a reduced fee and could later pay more that the court could order that as reimbursement.
Passed 130-0 by the House Tuesday, it now goes to the Senate where Sen. Bobby Joe Champion (DFL-Mpls) is the sponsor.
Three years ago statute was amended to create a more tiered system of civil filing fees, but categorical eligibility was not changed. A basis was created above the categorical eligibility whereby if someone couldn’t pay the full fee, partial payment was acceptable and then if circumstances changed the court could order full reimbursement.
Because these two concepts were put together in one sentence, there has been some inconsistency in its application. Therefore, the bill pulls the two provisions apart to clarify the law’s intent.
The bill would also define public assistance in the IFP statute by cross-referencing to the state’s garnishment statutes. The intent is that a person is already being screened to ensure they are low-income and the court can rely on that information.