Judge Marks Issues Administrative Order 103/21, Regarding Credit Card Fees

Pursuant to the authority vested in me by section 212(2)G) of the Judiciary Law, I hereby require that a party shall pay an administrative fee where such party uses a credit card or a debit card to:

(1) post bail, or
(2) pay a fine, mandatory surcharge, court fee or other money payable to a (i) court, (ii) county clerk in his or her capacity as clerk of court, (iii) the office of court administration, or (iv) a sheriff upon enforcing a court order or delivering a court mandate pursuant to article eighty of the civil practice law and rules.

The amount of such administrative fee shall be fixed by agreement between the Office of Court Administration and the financial services provider of the credit card or debit card used for a purpose described herein.

This order shall take effect on April 1, 2021 and apply to all credit card and debit card use for a purpose described herein on or after such date. This order shall be deemed to supersede any prior order or directive requiring a party to pay an administrative fee when using a credit card or debit card to post bail or pay a fine, mandatory surcharge, court fee or other money to a court.

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