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 Bill Text - AB-1951 Civil actions: filing fees: refunds.

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 |Add To My Favorites |Track Bill | Version: 07/16/26 - Chaptered
 07/07/26 - Enrolled
 03/19/26 - Amended Assembly
 02/13/26 - Introduced

 AB-1951 Civil actions: filing fees: refunds.(2025-2026)

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 Date Published: 07/16/2026 09:00 PM

AB1951:v96#DOCUMENTBill Start

 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.

Digest Key

 Vote:
 MAJORITY 
 Appropriation:
 NO 
 Fiscal Committee:
 YES 
 Local Program:
 NO 

Bill Text

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 electr