(a) A clerk of the superior court shall not be required to file any civil case or proceeding until the fee required by Code Section 15-6-77, relating to fees of clerks of the superior courts, has been paid to the clerk. The fee shall not be required if the party desiring to file the case or proceeding is unable because of indigence to pay the fee and the party files with the clerk an affidavit to such effect.
§ 9-15-4.Deposit prior to filing by clerk; exception if affidavit of indigence filed; repayment of excess; exemptions
Chapter 15. Court and Litigation Costs · Last amended 2019 · Last verified July 17, 2026
In one sentenceO.C.G.A. § 9-15-4 lets a superior court clerk withhold filing of a civil case until the statutory filing fee is paid, waives that fee for indigent filers, and makes clear the fee doesn’t replace other required deposits, doesn’t apply to the state and its subdivisions, and can’t be charged in actions to collect criminal penalties under Code Section 42-8-34.2.
Full Text of § 9-15-4
(b) The deposit required to be filed by this Code section shall not affect any other law which requires a deposit in excess of or in addition to the deposit of cost required by this Code section.
(c) Nothing contained in this Code section shall be deemed to require a deposit of cost by the state, its agencies, or its political subdivisions; and, without limiting the generality of the foregoing, no clerk of any court shall be authorized to require any deposit of costs in any action or proceeding for the collection of criminal penalties as authorized under Code Section 42-8-34.2.
Plain-English Summary
Subsection (a) gives a superior court clerk a gatekeeping tool: the clerk isn’t required to file a civil case or proceeding until the fee set out in Code Section 15-6-77 has been paid. That gatekeeping power has a built-in limit, though — a party who can’t afford the fee because of indigence can file an affidavit to that effect and skip the payment requirement, tying this section directly to the indigence procedure in Code Section 9-15-2.
Subsections (b) and (c) fence in the rule so it doesn’t overreach. Paying this filing deposit doesn’t satisfy some other law that separately requires an additional or different deposit — the two obligations stack rather than substitute for each other. And the section never requires a deposit from the state, its agencies, or its political subdivisions; the statute goes out of its way to add that no clerk may require a deposit in an action to collect criminal penalties under Code Section 42-8-34.2, even though that collection effort proceeds as a civil matter.
Frequently Asked Questions
Can a Georgia superior court clerk refuse to file my case until I pay the filing fee?
Yes. Subsection (a) allows the clerk to withhold filing until the fee required under Code Section 15-6-77 is paid, unless the filer qualifies for the indigence exception.
How does an indigent filer avoid paying this fee?
By filing an affidavit with the clerk stating that indigence prevents payment of the fee — once filed, the fee isn’t required.
Does paying this filing deposit cover every other deposit my case might need?
No. Subsection (b) states that this deposit doesn’t affect any other law requiring a deposit in excess of, or in addition to, the one required here.
Does the state have to pay a filing deposit when it sues in a Georgia court?
No. Subsection (c) exempts the state, its agencies, and its political subdivisions from any deposit requirement under this section.
Can a clerk require a deposit in an action to collect criminal penalties under Code Section 42-8-34.2?
No. Subsection (c) specifically bars any clerk from requiring a deposit of costs in that kind of collection action.
Amendment History
Ga. L. 1890-91, p. 100, § 1; Civil Code 1895, § 5398; Civil Code 1910, § 5986; Code 1933, § 24-3406; Ga. L. 1945, p. 207, § 1; Ga. L. 1957, p. 405, § 2; Ga. L. 1958, p. 398, § 1; Ga. L. 1970, p. 497, § 4; Ga. L. 1971, p. 214, § 2; Ga. L. 1972, p. 664, § 5; Ga. L. 1981, p. 1396, § 2; Ga. L. 1986, p. 1002, § 4; Ga. L. 1991, p. 1051, § 2; Ga. L. 2019, p. 683, § 1/HB 288.
Source & verification. Section text and amendment history are
reproduced verbatim from the Official Code of Georgia Annotated, published by the
Official Code of Georgia Annotated, Georgia Code Revision Commission / LexisNexis. Last verified July 17, 2026.
· Official source
Also known as: georgia filing fee deposit statutesuperior court clerk filing fee georgiaindigence exception to filing feegeorgia court costs deposit requirement