SOP 5118 has been updated as of 3/11/24
Eviction Filing Fees (including Attorney Fees) may be charged before Judgement in certain circumstances.
- Judicial discretion, or
- Local Laws or
- State Laws
The Property Manager is responsible for knowing if the Judge hearing the Eviction Proceeding case, will allow the Eviction Filing fee to be posted on the Ledger before Court.
The Chart below indicates if the Eviction Filing Fee may be posted before Judgement is Received:
State | Charge Eviction Fees before Judgement? | Notes |
| Arizona | Yes | |
| Florida | Yes | |
| Georgia | Yes | |
| North Carolina | No | Judgement is required, as the Eviction Filing Fee is considered a penalty. In North Carolina only a 5% monthly penalty is allowed |
| Texas | Depends | There are Judges that will not allow the Eviction Filing Fee from being posted to the ledger, unless Judgment is received. This includes previous filings where the Resident paid and the property dismissed the cases. Attend Court - determine based on Cases presented what your Judge will or will not allow. |
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