ALABAMA RULES OF JUDICIAL ADMINISTRATION

Rule 41.

Payment by credit card of court assessments, costs, fees, and forfeitures.

Clerks of the circuit courts and the district courts may, with the approval of the presiding circuit judge, accept credit cards for the payment of court assessments, fees (including filing fees), costs, fines, and forfeitures. Clerks of the municipal courts may likewise accept credit cards for the payment of the above assessments, fees, costs, fines, and forfeitures, provided that the municipal governing body has, by resolution, authorized the acceptance of credit cards for those payments. Payments by credit card will not be accepted for restitution, child support, or alimony, or for monies ordered to be paid to a third party. The Administrative Director of Courts (“ADC”), or in the case of a municipal court, the governing body of the municipality, is authorized to negotiate and to contract with banks, other financial institutions, and third-party purchasers of credit-card drafts to further the purpose of this rule, provided that the cardholder shall not be charged a fee for the privilege of paying these assessments, fees, costs, fines, or forfeitures by credit card if the rules and regulations of the card issuer prohibit the imposition of such a fee.

The clerk may refuse to accept a credit card for payment in the following situations: 1) if the individual attempting to pay by credit card has been convicted of an offense or violation involving the use of a credit card; 2) if the individual has previously tendered to the court a credit card or credit card information that did not ultimately result in payment by the credit-card issuer; 3) if the bank or credit-card issuer does not authorize payment; or 4) if the validity of the credit card cannot be verified.

The ADC may authorize the clerk of a circuit or district court to accept credit-card payment by telephone. If so authorized and if accepted by the clerk, credit-card payment by telephone shall have the same effect as payment made by mail or in person, including the effect of such payment as a guilty plea. As is the case with payments by mail or in person, the clerk may treat as a partial payment an amount tendered for less than the full amount.

If the credit-card issuer notifies the clerk that payment will not be made for any reason, the assessment, fee, cost, fine, or forfeiture shall be treated as unpaid, and the court may pursue any legally authorized means necessary to obtain payment. If any credit-card draft is not paid following due presentment to a card issuer or draft purchaser or is charged back to the clerk for any reason, any record of payment made honoring the credit card shall be corrected to reflect that no payment was made. Any receipt issued in acknowledgment of the attempted payment shall be void. The obligation of the cardholder shall continue as an outstanding obligation as though no payment has been attempted.

[Added eff. 1-1-2000.]

Note from the reporter of decisions: The order adopting Rule 41, effective January 1, 2000, is published in that volume of Alabama Reporter that contains Alabama cases from 741 So.2d.