What fees did Kentucky county clerks charge to record a bail bond and its release in 1997?
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This page answers the general question as of 1997. Ask about yours and see what current Kentucky law means for your facts, with citations you can check.
Plain-English summary
The Meade County clerk asked what she could charge for receiving and filing a posted bail bond and for accepting its written release. In 1997, the Attorney General calculated $18 for the bond transaction: $3 to take or prepare the bond, $8 to record it, $3 for the required marginal notation, $3 in state tax on a recorded lien such as a secured bail bond, and a reasonable $1 for postage and handling. The opinion treated these as separate steps under KRS 64.012 and other cited provisions.
For a written release, the AG calculated $12: $8 to accept and record it, $3 to note it, and a reasonable $1 for postage and handling. It said the KRS 142.010 tax did not apply to recording a written release. These were the opinion's historical fee calculations, not a statement of current charges.
Currency note
This opinion was issued in 1997. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
How did the AG reach the $18 bail bond total?
It added three KRS 64.012 charges for taking or preparing, recording and noting the bond ($3, $8 and $3), plus a $3 tax on a recorded lien such as a secured bail bond and a reasonable $1 postage charge.
What did the opinion charge for a written release?
It calculated $12: $8 for accepting and recording, $3 for the notation, and $1 for postage and handling. The opinion said the state tax on legal process did not apply to this release.
Why did the AG allow a postage charge?
KRS 382.240 required the recorded instrument to be returned to the entitled party, but the cited statutes did not set a postage fee. The AG relied on earlier opinions allowing reasonable handling fees and found $1 for stamps, envelopes and related labor reasonable.
Background and statutory framework
RCr 4.36 required the clerk to accept and file a posted bail bond. KRS 64.012 listed the recording and notation charges; KRS 431.535(6) related to discharge and release of the bond. The AG applied KRS 142.010(1)(e)'s tax to a recorded lien such as a secured bail bond and distinguished the later written release. KRS 382.240 supplied the document-return requirement underlying the reasonable handling charge.
Citations and references
- RCr 4.36 (accepting and filing a posted bail bond).
- KRS 64.012 (clerk charges for bond and release steps).
- KRS 431.535(6) (discharge and release notation).
- KRS 142.010(1)(e) (tax on recorded lien).
- KRS 382.240 (return of recorded instrument).
Source
Original opinion text
OAG 97-3
February 20, 1997
Subject: Filing fee of a bail bond
Written By: Douglas Scott Porter, Assistant Attorney General
Requested By: Katherine Mercer, Meade County Court Clerk
Syllabus: A county clerk's fee for filing a bail bond is $18.00, and the fee for accepting a written release is $12.00.
Statutes Construed: KRS 64.012, KRS 142.010(1)(e), KRS 382.240 and Kentucky Rules of Criminal Procedure RCr 4.36
Opinion of the Attorney General
The Office of the Attorney General has been asked to render an opinion regarding what amount a county clerk may charge for the receipt and filing of a bail bond, and what a clerk may charge for accepting a written release. The Attorney General provides this response concerning the questions submitted by Katherine Mercer, Meade County Clerk.
LEGAL ANALYSIS
Under the Kentucky Rules of Criminal Procedure RCr 4.36, a county clerk must accept and file a posted bail bond. The actual fees for the receiving and filing of the bail bond are established by several different statutes.
KRS 64.012 allows a county clerk to charge $3.00 for each bail bond taken or prepared. Under the same statute, a county clerk is allowed to charge $8.00 for recording each bond. KRS 64.012 requires an additional $3.00 charge which ties directly into KRS 431.535(6). This statute pertains to the discharge and release of the bond and the notification of said release in the margin. Because the processing of a bail bond requires three different steps, three different rate provisions of KRS 64.012 apply.
Two other statutes also affect the total fee amount. The General Assembly has also imposed a state tax on legal processes and instruments. KRS 142.010(1)(e) allows a tax of $3.00 to be charged on each recorded lien such as a secured bail bond. It is also necessary to charge for postage and copying because KRS 382.240 mandates that each instrument recorded by the county clerk shall be delivered to the party entitled thereto. Neither of these statutes establishes a fee for the postage nor does KRS 64.012. As previously opined by this office in OAG 84-91 and OAG 87-80, when there is no other applicable fee statute, county clerks are permitted to charge "reasonable fees" for handling the process. A charge of $1.00 for the cost of stamps, envelopes and labor related to returning the documents is not unreasonable.
The second question to be addressed is what the fee is for accepting and recording a written release. This fee is again found in the rate schedule of KRS 64.012. The fee for accepting and recording the release is $ 8.00. As per the statute, the noting of this release is $3.00. A charge of $1.00 for the cost of stamps, envelopes and labor related to returning the documents is again not unreasonable. The tax provisions contained in KRS 142.010 are not applicable in the situation of accepting and recording a written release, so there is no additional fee. Thus, the total cost for accepting, recording and noting a written release is $12.00.
CONCLUSION
To summarize, the total cost for recording a bail bond is $18.00. Three separate provisions of KRS 64.012 apply because the act of recording the bond requires three separate functions, all of which have a different cost: bond required to be taken or prepared by the clerk, $3.00; recording said bond, $8.00; and making the required marginal notation relating to the same instrument, $3.00 (see also KRS 431.535(6)).
The state tax on legal process set forth in KRS 142.010(1)(e) is $3.00, and is also factored into the total cost. Lastly, the court clerk is entitled to a reasonable $1.00 fee for postage. The grand total then of accepting, filing and processing a bail bond is $18.00.
The total cost for accepting, recording and noting a written release is $12.00. Again, the rate schedule contained in KRS 64.012 governs. A fee of $8.00 is charged for receiving and recording the document. The noting of this release is $3.00, and a reasonable fee of $1.00 for postage and handling may be charged.
A.B. CHANDLER III
ATTORNEY GENERAL
DOUGLAS SCOTT PORTER
ASSISTANT ATTORNEY GENERAL
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