How can I challenge an order to repay waived court fees in California?

Full question:

Hi. on APRIL 22, 2002 my court fees were waived in family court. Today Jan 20, 2010 I recieved an order to pay waived court fees and cost. The Petitioner my ex -husband. How is this possible?

  • Category: Courts
  • Subcategory: State Courts
  • Date:
  • State: California

Answer:

The court may order you to pay back fees and costs that were previously waived for you if the court believes your financial situation has changed. If you disagree with the order, you can ask for a hearing to request that the court set aside (cancel) the order.

You must request a hearing within 30 days from the date of service of the Order to Pay Waived Court Fees and Costs (Form FL-336). If you file in time, you will not have to pay the waived fees until the judge makes a decision after the hearing.

To request a hearing:

Fill out a Notice of Motion or an Order to Show Cause.
Fill out an Application to Set Aside Order to Pay Waived Court Fees-Attachment and attach it to the Notice of Motion and Order to show cause.
Make 3 copies of your forms.
Turn in your forms to the clerk. They will give you a date for the hearing.
Serve the other person with one copy of the forms that the clerk returns to you AND include a blank Responsive Declaration to Order to Show Cause or Notice of Motion.
Fill out a Proof of Service and file it with the clerk.
Make sure you go to your hearing. If you do not go, your request will be denied and you will have to pay back the other side's waived fees and costs.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

In Texas, a pro-se litigant generally cannot recover attorney's fees because they are representing themselves. However, there are exceptions where specific statutes allow for recovery of fees, such as in certain family law cases or if a party is acting in bad faith. It's important to consult with a legal professional to understand the specific circumstances and applicable laws.