22-282. Deposit at commencement of action;
deposit of money or bond on appeal
A. Upon commencement of a civil action, each justice of the peace may require the
plaintiff to deposit not more than ten dollars to be applied toward payment of costs
incurred in the action. The justice of the peace may require the defendant at the time
of filing an answer or entering an appearance to deposit not more than five dollars to be
applied to fees and costs incurred by the defendant.
B. Notwithstanding the provisions of section 22-281, in civil actions brought for
the recovery of money only, other than on an assigned claim, where the amount in
controversy, exclusive of interest and costs, does not exceed fifty dollars, no fees
shall be required, except one dollar to be paid by plaintiff when instituting the action,
and one dollar to be paid by defendant when entering appearance, which fee shall include
constable's or sheriff's fees.
C. If a party desires to take an appeal, no appeal shall be taken until the party
has either paid into court the sum of twenty dollars as and for attorney fees to the
adverse party or has secured payment of attorney fees by a good and sufficient bond with
sureties approved by the justice of the peace. The bond shall be in the amount of the
judgment, costs and attorney fees, payable to the adverse party and conditioned that the
appellant prosecute the appeal to effect and pay and satisfy the judgment which may be
rendered against the appellant on the appeal, with costs and attorney fees.
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