Illegal fee charged in Nevada What happened next

Have you ever been surprised by unexpected municipal court fees in Nevada, wondering about their legality? You’re not alone, as many face similar issues. Understanding the law is crucial to addressing these concerns. This article explores a notable case, Blackjack Bonding v. City of Las Vegas, to guide you through potential solutions.

Situation

Specific Situation

In Nevada, there was a big disagreement between bail bond companies and the City of Las Vegas Municipal Court. This all started because, since 1991, the municipal court was charging a $40 fee every time someone filed a bail bond. The bail bond companies, which included several businesses under the name “Blackjack,” believed that these fees were charged without having the proper legal authority to do so. They wanted the court to return $185,960, which was the total amount they had paid over the years, arguing that the court didn’t have the power to make them pay these fees in the first place. Blackjack said that the municipal court could only charge fees if there was a specific law allowing it, and since there wasn’t one before May 12, 1997, the fees were unfair and not lawful.

Judgment Outcome

The court decided in favor of the City of Las Vegas Municipal Court. The judgment was that the court had the inherent judicial authority to charge and collect the bail bond filing fees. As a result, the bail bond companies were not entitled to get back the fees they had paid from 1991 to 1997. The case number for this decision is Nevada No. 33345. This outcome showed that the court could exercise certain powers naturally connected to its judicial role, even if there wasn’t a specific law saying they could do it.

Solution

Immediate Actions

If you find yourself in a similar situation where you believe fees are being charged without proper authority, the first step is to gather all related documents and receipts. These will be essential if you decide to challenge the fees. Next, contact the court or the municipal office directly to ask for a detailed explanation of why the fees were charged and under what authority. This might help clarify if there was any misunderstanding or miscommunication.

Filing a Complaint

Should the explanation not satisfy you, consider consulting with a legal expert who specializes in municipal law. They can help you understand whether the fees were legally justified and advise you on whether filing a formal complaint or lawsuit is a viable option. When preparing a complaint, it’s important to clearly state why you believe the fees were improper and provide any evidence or legal statutes that support your case. A well-prepared complaint can increase your chances of a successful outcome.

Negotiation and Mediation

Instead of jumping straight into litigation, which can be costly and time-consuming, consider negotiation or mediation. This involves sitting down with representatives from the municipal court or local government to discuss the issue and seek a resolution. Often, these discussions can lead to an agreement that satisfies both parties, without needing to go to court. If the issue involves a wider group, like in the Blackjack case, collective negotiation or a class action suit might be more effective.

FAQ

What Is Inherent Power?

Inherent power is the natural authority that courts have to manage their own affairs. This power comes from the existence of the judiciary and the principle of separation of powers, which means each branch of government can operate independently.

Is Statutory Authorization Required for Courts to Charge Fees?

Courts often have inherent powers to charge fees necessary for their operations, even if there isn’t a specific law authorizing each fee. However, statutory authorization becomes necessary when a court’s actions fall outside these inherent powers.

Can Municipal Courts Charge Fees Without a Specific Law?

Yes, municipal courts can charge fees through their inherent judicial powers, which allow them to effectively manage their operations. This means they do not always need a specific law for each fee, as long as the fees are reasonable and necessary for judicial functions.

Why Was Blackjack’s Claim Dismissed?

The court dismissed Blackjack’s claim because it determined that the municipal courts have inherent powers to charge reasonable fees, which made the fees charged by the Las Vegas Municipal Court legitimate and lawful.

Are Attorney General Opinions Legally Binding?

No, opinions from the Attorney General are not legally binding. While they can provide guidance and insight into legal interpretations, courts are not required to follow them.

What Is the Difference Between Statutory and Inherent Power?

Statutory power is granted by laws passed by the legislature, defining specific actions courts can take. Inherent power, on the other hand, comes from the court’s own existence and allows it to manage its internal affairs independently.

What Is NRCP 12(b)(5)?

NRCP 12(b)(5) is a rule that allows a court to dismiss a case if the complaint doesn’t present a valid legal claim. Essentially, it means that even if everything in the complaint is true, it still wouldn’t lead to a legal remedy.

What Does NRCP 12(c) Mean?

NRCP 12(c) refers to a motion for judgment on the pleadings. This allows the court to make a decision based on the written documents submitted by both parties, without going to trial.

What Is Unjust Enrichment?

Unjust enrichment occurs when one party benefits unfairly at the expense of another. In legal terms, it’s when someone receives money or benefits that they shouldn’t keep and may have to return them.

How Are Court Fees Assessed?

Court fees are assessed through a combination of statutory schedules and the courts’ inherent judicial powers. This ensures that courts have the necessary resources to function efficiently and effectively.