Assembly BillChaptered/SignedCivil Procedure
AB 1951: Civil actions: filing fees: refunds.
What AB 1951 does, verified September 7, 2026
The bill would amend the code of civil procedure to provide that if a party fails to pay the full amount of a filing fee and an administrative charge within 20 days, the court clerk must refund the filing fee to the party who tendered the payment. The bill would also apply this provision to filing fees paid by credit card, electronic funds transfer, or other approved methods. Additionally, if fees to an electronic filing service provider remain unsatisfied 20 days after notice by the clerk, the clerk must refund the fees to the provider instead of notifying the attorney of record that they may be sanctioned.
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Last action: Chaptered by Secretary of State - Chapter 91, Statutes of 2026. (2026-07-16)Alert me
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| Jul. 16, 2026 | Chaptered by Secretary of State - Chapter 91, Statutes of 2026. |
| Jul. 16, 2026 | Approved by the Governor. |
| Jul. 15, 2026 | Enrolled and presented to the Governor at 11:15 a.m. |
| Jul. 02, 2026 | In Assembly. Ordered to Engrossing and Enrolling. |
| Jul. 02, 2026 | Read third time. Passed. Ordered to the Assembly. (Ayes 37. Noes 0. Page 5189.). |
Latest bill textChaptered version, July 16, 2026 · 4,863 words
Assembly Bill No. 1951
CHAPTER 91
An act to amend Sections 411.20, 411.20.5, and 411.21 of, and to add Section 411.11 to, the Code of Civil Procedure, and to amend Section 6159 of the Government Code, relating to civil actions.
[ Approved by Governor July 16, 2026. Filed with Secretary of State July 16, 2026. ]
LEGISLATIVE COUNSEL'S DIGEST
AB 1951, Dixon. Civil actions: filing fees: refunds.
Existing law provides that a civil action is commenced by filing a complaint by the court. Existing law provides that if a court clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made in an amount less than the required fee or by check that is later returned without payment, the clerk must notify the party who tendered the check that (1) the check was made out for an amount less than the required filing fee or has been returned without payment, whichever is applicable, (2) an administrative charge has been imposed to reimburse the court for the costs of processing the partial payment or returned check and for providing the specified notice, and (3) the party has 20 days from the date of mailing of the notice to pay the filing fee and administrative charge, except as specified. Existing law requires the clerk to void the filing if the party who tendered the returned check or the check in less than the required filing fee has not paid the full amount of the fee and the administrative charge within the 20-day period described above. Existing law provides that if the clerk performs a service or issues a document for which a fee is required and payment is made by check that is later returned without payment, the court may order further proceedings suspended as to the party for whom the check was tendered, and shall notify the party who tendered the check that proceedings have been suspended until receipt of payment of the required fee and the administrative charge by specified methods, but not by personal check or traveler’s check.
This bill would additionally apply the provisions described above to filing fees paid by credit card, electronic funds transfer, as defined, or any other means approved by the court.
Existing law provides that if an electronic filing is made to the clerk by an electronic filing service provider acting as the agent of the court for purposes of collecting and remitting filing fees, and fees owed to the electronic filing service provider remain unpaid for 5 days after notice to the attorney of record, the court clerk may notify the attorney of record that the attorney of record may be sanctioned for nonpayment of fees. Existing law authorizes the court to sanction the attorney of record if fees to the electronic service provider remain unsatisfied 20 days after notice by the clerk.
This bill would, if the fees to the electronic filing service provider remain unsatisfied 20 days after notice by the clerk, require the clerk to instead refund the electronic filing service provider, and to follow the procedures described above, as specified.
The people of the State of California do enact as follows:
SECTION 1.
Section 411.11 is added to the Code of Civil Procedure, to read:411.11.
(a) For purposes of this chapter, the following terms have the following meanings:(1) “Electronic funds transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, that is initiated through an electronic terminal, telephonic instrument, modem, computer, or magnetic tape, so as to order, instruct, or authorize a financial institution to credit or debit an account.
(2) “Automated clearinghouse” means any federal reserve bank, or an organization established by agreement with the National Automated Clearing House Association or any similar organization, that operates as a clearinghouse for transmitting or receiving entries between banks or bank accounts and that authorizes an electronic transfer of funds between those banks or bank accounts.
(3) “Automated clearinghouse debit” means a transaction in which the state, through its designated depository bank, originates an automated clearinghouse transaction debiting the holder’s bank account and crediting the state’s bank account for the amount of payment.
(4) “Automated clearinghouse credit” means an automated clearinghouse transaction in which the holder, through its own bank, originates an entry crediting the state’s bank account and debiting the holder’s bank account.
(b) For purposes of this chapter, an electronic funds transfer shall be accomplished by an automated clearinghouse debit or an automated clearinghouse credit.
SEC. 2.
Section 411.20 of the Code of Civil Procedure is amended to read:411.20.
(a) If the clerk accepts for filing a complaint or other first paper, or any subsequent filing, and payment is made by check, credit card, electronic funds transfer, or any other means approved by the court, which is later returned without payment, the clerk shall, by mail, notify the party who tendered the payment that (1) the payment has been returned due to insufficient funds or was a disputed transaction, (2) the administrative charge specified in subdivision (g) has been imposed to reimburse the court for the costs of processing the returned payment and providing the notice specified in this subdivision, and (3) the party has 20 days from the date of mailing of the notice within which to pay the filing fee and the administrative charge, except as provided in subdivision (e). The notice also shall state that the administrative charge and the filing fee shall be paid in cash, by certified check, or by other means specified by the court, but not by traveler’s check or personal check. If the person who tendered the payment is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the payment, but also the party or that party’s attorney if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence.(b) The clerk shall void the filing if the party who tendered a returned payment or on whose behalf a returned payment was tendered has not paid the full amount of the fee and the administrative charge by a means specified in subdivision (a) within 20 days of the date on which the notice required by subdivision (a) was mailed. Any filing voided by this section can be disposed of immediately after the 20 days have elapsed without preserving a copy in the court records, notwithstanding Section 68152 of the Government Code.
(c) If an adverse party files a response to a complaint, paper or filing referred to in subdivision (a), together with a filing fee, and the original filing is voided pursuant to subdivision (b), the responsive filing is not required and shall be voided. The court shall, by mail, provide notice to the parties or their attorneys that the initial paper and the response have been voided. The responding party’s filing fee shall be refunded upon request, provided that the request for a refund is made within 20 days from the date on which the notice was mailed. Upon receipt of the request, the court shall refund the responding party’s filing fee without imposing any administrative charge. A refund under this subdivision is available if the adverse party has filed only a responsive pleading, but not if the party has also filed a cross-complaint or other first paper seeking affirmative relief for which there is a filing fee.
(d) If an adverse party, or a person acting on behalf of the adverse party, tenders a check, credit card, electronic funds transfer, or other method of payment approved by the court, for a required filing fee that is later returned without payment, the procedures in subdivisions (a) and (b) shall apply.
(e) If any trial or other hearing is scheduled to be heard prior to the expiration of the 20-day period provided for in subdivision (a), the fee shall be paid prior to the trial or hearing. Failure of the party to pay the fee prior to the trial or hearing date shall cause the court to void the filing and proceed as if it had not been filed.
(f) If the clerk performs a service or issues any document for which a fee is required and payment is made by check, credit card, electronic funds transfer, or any other means approved by the court, which is later returned without payment, the court may order further proceedings suspended as to the party for whom the payment was tendered. If the court so orders, the clerk shall, by mail, notify the party who tendered the payment that proceedings have been suspended until the receipt of payment of the required fee and the administrative charge specified in subdivision (g), by cash, cashier’s check, or other means specified by the court, but not by personal check or traveler’s check. If the person who tendered the payment is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the payment, but also the party or that party’s attorney if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence.
(g) The clerk shall impose an administrative charge for providing notice that a payment submitted by check, credit card, electronic funds transfer, or any other means approved by the court, for a filing fee has been returned without payment and for all related administrative, clerical, and other costs incurred under this section. The administrative charge shall, in each instance, be either twenty-five dollars ($25) or a reasonable amount that does not exceed the actual cost incurred by the court, as determined by the court. The notices provided by the court under subdivisions (a) and (f) shall state the specific amount of the administrative charge that shall be paid to the court. Each administrative charge collected shall be distributed to the court that incurred the charge as described in Section 68085.1 of the Government Code.
SEC. 3.
Section 411.20.5 of the Code of Civil Procedure is amended to read:411.20.5.
If an electronic filing is made to the clerk by an electronic filing service provider acting as the agent of the court for purposes of collecting and remitting filing fees, and fees owed to the electronic filing service provider remain unpaid for a period of five days after notice to the attorney of record or self-represented party, and the filing was made by the attorney of record or a self-represented party, the electronic filing service provider may notify the clerk that fees remain unpaid despite notice to the attorney of record or self-represented party. The clerk shall then notify the attorney of record that the attorney of record may be sanctioned by the court for nonpayment of fees. If the fees to the electronic filing service provider remain unsatisfied 20 days after notice by the clerk, the clerk shall follow the procedures prescribed by Section 411.20 and shall refund the electronic filing service provider the amount paid for the transaction pursuant to subdivision (h) of Section 6159 of the Government Code.SEC. 4.
Section 411.21 of the Code of Civil Procedure is amended to read:411.21.
(a) If a complaint or other first paper is accompanied by payment by check, credit card, electronic funds transfer, or any other means approved by the court, in an amount less than the required fee, the clerk shall accept the paper for filing, but shall not issue a summons until the court receives full payment of the required fee. The clerk shall, by mail, notify the party tendering the payment that (1) the payment was made out for an amount less than the required filing fee, (2) the administrative charge specified in subdivision (g) has been imposed to reimburse the court for the costs of processing the partial payment and providing the notice specified in this subdivision, and (3) the party has 20 days from the date of mailing of the notice within which to pay the remainder of the required fee and the administrative charge, except as provided in subdivision (f). If the person who tendered the payment is not a party to the action or proposed action, but only is acting on behalf of a party, the clerk shall notify not only the person who tendered the payment, and also the party or that party’s attorney, if the party is represented. The clerk’s certificate as to the mailing of notice pursuant to this section establishes a rebuttable presumption that the fees were not paid. This presumption is a presumption affecting the burden of producing evidence. This subdivision does not apply to an unlawful detainer action.(b) The clerk shall void the filing if the party who tendered a payment in an amount less than the required filing fee or on whose behalf a payment in an amount less than the required filing fee was tendered has not paid the full amount of the fee and the administrative charge by a means specified in subdivision (a) within 20 days of the date on which the notice required by subdivision (a) was mailed. Any filing voided by this section may be disposed of immediately after the 20 days have elapsed without preserving a copy in the court records notwithstanding Section 68152 of the Government Code.
(c) If a payment for less than the required fee was tendered, the remainder of the required fee and the administrative charge were not paid within the period specified in subdivision (a), and a refund of the partial payment has not been requested in a writing mailed or presented by the party or person who tendered the payment within 20 days from the date on which the remainder of the required fee was due, the partial payment shall be remitted to the State Treasurer to be deposited in the Trial Court Trust Fund, except for the amount of the administrative charge described in subdivision (g), that shall be deducted from the partial payment and shall be distributed as described in subdivision (g) to the court that incurred the charge. If the party or person who tendered the check, credit card, electronic funds transfer, or other method of payment approved by the court requests a refund of the partial payment, in writing, within the time specified in this subdivision, the clerk shall refund the amount of the partial payment less the amount of the administrative charge imposed by that court. All partial payments that the court received before January 1, 2006, and that remain on deposit for filings that the clerk voided pursuant to this section, once three years have passed from the date that the filing was voided, shall be remitted to the State Treasurer for deposit into the Trial Court Trust Fund.
(d) If an adverse party files a response to a complaint or other first paper referred to in subdivision (a), together with a filing fee, and the original filing is voided pursuant to subdivision (b), the responsive filing is not required and shall be voided. The court shall, by mail, provide notice to the parties that the initial paper and the response have been voided. The responding party’s filing fee shall be refunded upon request, provided that the request for a refund is made in writing within 20 days from the date on which the notice was mailed. Upon receipt of the request, the court shall reimburse the responding party’s filing fee without imposing any administrative charge. A refund under this subdivision is available if the adverse party has filed only a responsive pleading, but not if the party has also filed a cross-complaint or other first paper seeking affirmative relief for which there is a filing fee.
(e) If an adverse party, or a person acting on behalf of the adverse party, tenders a check, credit card, electronic funds transfer, or other method of payment approved by the court, for a required filing fee in an amount less than the required fee, the procedures in subdivisions (a), (b), and (c) shall apply.
(f) If any trial or other hearing is scheduled to be heard prior to the expiration of the 20-day period provided for in subdivision (a), the fee shall be paid prior to the trial or hearing. Failure of the party to pay the fee prior to the trial or hearing date shall cause the court to void the filing and proceed as if it had not been filed.
(g) The clerk shall impose an administrative charge for providing notice that a payment submitted by check, credit card, electronic funds transfer, or other method of payment approved by the court, for a filing fee is in an amount less than the required fee and for all related administrative, clerical, and other costs incurred under this section. The administrative charge shall, in each instance, be either twenty-five dollars ($25) or a reasonable amount that does not exceed the actual cost incurred by the court, as determined by the court. The notices provided by the court under subdivision (a) shall state the specific amount of the administrative charge that shall be paid to the court. Each administrative charge collected shall be distributed to the court that incurred the charge as described in Section 68085.1 of the Government Code. When a partial payment is to be remitted to the State Treasurer under subdivision (c), the court shall notify the Administrative Office of the Courts of the amount of (1) the partial payment collected, and (2) the administrative charge to be deducted from the payment and to be distributed to the court.
SEC. 5.
Section 6159 of the Government Code is amended to read:6159.
(a) The following definitions apply for purposes of this section:(1) “Credit card” means a card, plate, coupon book, or other credit device existing for the purpose of being used from time to time upon presentation to obtain money, property, labor, or services on credit.
(2) “Card issuer” means a person, or the person’s agent, who issues a credit card and purchases credit card drafts.
(3) “Cardholder” means a person to whom a credit card is issued or any person who has agreed with the card issuer to pay obligations arising from the issuance of a credit card to another person.
(4) “Debit card” means a card or other means of access to a debit card cardholder’s account that may be used to initiate electronic funds transfers from that account.
(5) “Draft purchaser” means a person who purchases credit card drafts.
(6) “Electronic funds transfer” means a method by which a person permits electronic access to, and transfer of, money held in an account by that person.
(b) Subject to subdivisions (c) and (d), a court, city, county, city and county, or other public agency may authorize the acceptance of a credit card, debit card, or electronic funds transfer for any of the following:
(1) The payment for the deposit of bail for any offense not declared to be a felony or for a court-ordered fee, fine, forfeiture, penalty, assessment, or restitution. Use of a card or electronic funds transfer pursuant to this paragraph may include a requirement that the defendant be charged an administrative fee charged by the company issuing the card or processing the account for the cost of the transaction.
(2) The payment of a filing fee or other court fee.
(3) The payment of towage or storage costs for a vehicle that has been removed from a highway, or from public or private property, as a result of parking violations.
(4) The payment of child, family, or spousal support, including reimbursement of public assistance, related fees, costs, or penalties, with the authorization of the cardholder or accountholder.
(5) The payment for services rendered by a city, county, city and county, or other public agency.
(6) The payment of a fee, charge, or tax due a city, county, city and county, or other public agency.
(7) The payment of moneys payable to the sheriff pursuant to a levy under a writ of attachment or writ of execution. If the use of a card or electronic funds transfer pursuant to this paragraph includes any administrative fee charged by the company issuing the card or processing the account for the cost of the transaction, that fee shall be paid by the person who pays the money to the sheriff pursuant to the levy.
(8) The payment of a donation, gift, bequest, or devise made to or in favor of a county, or to or in favor of a county board of supervisors, pursuant to Section 25355.
(c) A court desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of the Judicial Council. A city desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of its city council. Any other public agency desiring to authorize the use of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) shall obtain the approval of the governing body that has fiscal responsibility for that agency.
(d) After approval is obtained, a contract may be executed with one or more credit card issuers, debit card issuers, electronic funds transfer processors, or draft purchasers. The contract shall provide for the following matters:
(1) The respective rights and duties of the court, city, county, city and county, or other public agency and card issuer, funds processor, or draft purchaser regarding the presentment, acceptability, and payment of credit and debit card drafts and electronic funds transfer requests.
(2) The establishment of a reasonable means by which to facilitate payment settlements.
(3) The payment to the card issuer, funds processor, or draft purchaser of a reasonable fee or discount.
(4) Any other matters appropriately included in contracts with respect to the purchase of credit and debit card drafts and processing of electronic funds transfer requests as may be agreed upon by the parties to the contract.
(e) The honoring of a credit card, debit card, or electronic funds transfer pursuant to subdivision (b) constitutes payment of the amount owing to the court, city, county, city and county, or other public agency as of the date the credit or debit card is honored or the electronic funds transfer is processed, if the credit or debit card draft is paid following its due presentment to a card issuer or draft purchaser or the electronic funds transfer is completed with transfer to the agency requesting the transfer.
(f) If a credit or debit card draft is not paid following due presentment to a card issuer or draft purchaser or is charged back to the court, city, county, city and county, or other public agency for any reason, any record of payment made by the court, city, or other public agency honoring the credit or debit card shall be void. If an electronic funds transfer request is not completed with transfer to the agency requesting the transfer or is charged back to the agency for any reason, any record of payment made by the agency processing the electronic funds transfer shall be void. A receipt issued in acknowledgment of payment shall also be void. The obligation of the cardholder or accountholder shall continue as an outstanding obligation as if no payment had been attempted.
(g) If a credit card, debit card draft, electronic funds transfer, or other payment offered in payment is returned without payment, for any reason, a reasonable charge for the charge back or return, not to exceed the actual costs incurred by the public agency, may be imposed to recover the public agency’s processing and collection costs. This charge may be added to, and become part of, any underlying obligation other than an obligation that constitutes a lien on real property, and a different method of payment for that payment and future payments by this person may be prescribed.
(h) (1) Notwithstanding Title 1.3 (commencing with Section 1747) of Part 4 of Division 3 of the Civil Code, a court or agent of the court, city, county, city and county, or any other public agency may impose a fee for the use of a credit or debit card or electronic funds transfer, not to exceed the costs incurred by the agency or agent in providing for payment by credit or debit card or electronic funds transfer. These costs may include, but shall not be limited to, the payment of fees or discounts as specified in paragraph (3) of subdivision (d). A fee imposed by a court or agent of the court pursuant to this subdivision shall be approved by the Judicial Council. A fee imposed by any other public agency pursuant to this subdivision for the use of a credit or debit card or electronic funds transfer shall be approved by the governing body responsible for the fiscal decisions of the public agency.
(2) For purposes of this subdivision, an electronic filing service provider who is required to collect and remit a payment described in paragraph (2) of subdivision (b) to complete an electronic filing transaction is deemed an agent of the court. Unless otherwise specified, the electronic filing service provider is deemed an agent of the court for the sole purpose of collecting and remitting a payment described in paragraph (2) of subdivision (b) for an electronic filing transaction. In case of a duplicate payment or overpayment by a party or an electronic filing service provider submitting a payment on behalf of a party, the court shall issue any appropriate refund to the entity that made the most recent payment. If a refund is due and issued to a filer or an electronic filing service provider, either electronically or by check, the court shall note the transaction ID on the check remittance, electronic description, or audit log.
(3) A court shall not be held liable for the actions of an agent of the court under this subdivision.
(4) An agent of the court shall report its costs in providing for payment by credit or debit card, or electronic funds transfer. These reports shall be issued pursuant to guidelines adopted by the Judicial Council. For purposes of verifying the accuracy of these reports and compliance with this subdivision, the Judicial Council, or its authorized representative, shall have the right to access and examine the records and documents of an agent of the court. The agent of the court shall provide the Judicial Council with all relevant information requested, and shall permit access to its premises at reasonable times for purposes of interviewing employees, and inspecting and copying any relevant records. The agent of the court shall maintain all records and documents relating to its fees and costs for a minimum of four years from the date the fee is imposed, or until the verification process is completed, whichever occurs later.
(i) Fees or discounts provided for under paragraph (3) of subdivision (d) shall be deducted or accounted for before any statutory or other distribution of funds received from the card issuer, funds processor, or draft purchaser to the extent not recovered from the cardholder or accountholder pursuant to subdivision (h).
(j) The Judicial Council may enter into a master agreement with one or more credit or debit card issuers, funds processors, or draft purchasers for the acceptance and payment of credit or debit card drafts and electronic funds transfer requests received by the courts. A court may join in any of these master agreements or may enter into a separate agreement with a credit or debit card issuer, funds processor, or draft purchaser.
(k) An electronic filing service provider, as described in subdivision (h), shall not collect or attempt to collect a fee to complete an electronic filing transaction, including a fee to process a payment, a filing fee or other court fee, or a fee charged by the electronic filing service provider for electronically filing documents, from a party who is exempt from paying fees; provided, however, that the electronic filing service provider shall complete the filing notwithstanding the fee exemption.
(l) A court, or an electronic filing manager that provides a court, pursuant to a contract, with a system for accepting electronically transmitted documents and associated filing and other court fees, shall accept more than one method of payment from an electronic filing service provider described in paragraph (2) of subdivision (h). The court shall determine the methods of payment that will be accepted by the court and the electronic filing manager. The methods of payment may include credit or debit cards, electronic funds transfers, electronic networks for financial transactions such as Automated Clearing House (ACH), and other payment methods that do not charge a transaction cost.
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