Thomas:
I have not run into this. There is not generally a fee to file an amended complaint or counterclaim so there should not be a fee to file an answer to the amended counterclaim. I have filed amended complaints with no fee being charged. According to the statute, in fact, we are only supposed to be charged a filing fee for the first responsive pleading. Despite that, the AOC took the position that an answer to counterclaim is a first responsive pleading to the counterclaim.
In May, 2016, the Middlesex County Bar sponsored a meeting with Michelle Smith, Clerk of the Superior Court. The issue of being charged a fee to file an answer to a counterclaim was raised at that meeting, and she acknowledged to us that the charging of a fee for this seems to be contrary to the statute. I was hopeful that the current suit by the Passaic, Bergen and Middlesex County Bar Associations would include a challenge to the filing fees which we consider improper, but the associations chose to attack the fees based on a state constitutional basis. The NJSBA decided not to intervene in the suit. It may be time to seek intervention by a group of attorneys with a more specific statutory view.
I think Ms. Smith would agree that filing an answer to an amended counterclaim is not properly subject to a filing fee. I urge you to call her (she told us she is open to all inquiries by phone) and let us know what she says.
Robert E. Goldstein, Esq.
Drescher & Cheslow, P.A.
610 Bridge Plaza Drive
Manalapan, NJ 07726
(732) 972-1600
Fax (732) 972-0038
E-mail: [email protected]
Visit my personal website: www.mydivorcelawyernj.com
Member, Middlesex County Bar Association, Monmouth Bar Association, New Jersey Association for Justice and New Jersey State Bar Association
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