Legal Question in Credit and Debt Law in Virginia

Re: recoverable fees

It used to be that costs were recoverable in the General District Court, but the statute (reproduced below) allowing for costs has been repealed. There is now a provision for costs within the part of the Code applicable to Circuit Courts and other courts of record, but that section does not provide for costs in the GDC. No one seems to have noticed this change yet, although it's been four years since the statute was repealed, and GDC's are still awarding costs, even though they're without jurisdiction to do so.

� 14.1-198. Other items to be taxed in costs. [Repealed] � The clerk shall tax in the costs all taxes on process, and all fees of officers which the party appears to be chargeable with in the case wherein the recovery is, except that when in any court, on the same side, more than one copy of anything is obtained or taken out, there shall be taxed only the fee for one copy of the same thing. He shall also tax the costs of executing any order of publication made in the case for such party and of any advertisement from him in the case, made in pursuance of law, allowing the amount charged by the publisher, provided such publisher shall file with his certificate of publication or account a printed copy of his fixed rates of advertising, and his charge shall not exceed them, and the allowances to his witnesses, and every further sum which the court may deem reasonable and direct to be taxed for depositions taken out of the Commonwealth, or for any other matter. (Code 1950, � 14-195; 1964, c. 386; 1994, c. 432.)

The 1998 amendments by Chapter 872 repealed this section, effective October 1, 1998; See � 17.1-626.