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Update: My probate case in Dallas went sideways after a typo on the filing fee check | Ask Attorneys - Discusd

Update: My probate case in Dallas went sideways after a typo on the filing fee check

I wrote a check for $375 instead of $375.50 for a probate filing in Dallas County last month. The clerk refused it and said I had to start the whole process over with a new case number. I ended up losing a week and having to pay another $50 in courier fees to get the corrected payment in. My attorney said this kind of thing happens more than people think. Is it standard for clerks to reject the whole filing over a 50 cent error, or did I just get a strict clerk?

3 comments

3 Comments

king.kevin3mo ago

Wow, that seems harsh over fifty cents. I get that rules exist, but having to kill your whole case number and start over sounds more like a power trip than actual policy. I've messed up filing fees before in smaller counties (off by a few bucks even) and they just had me write a new check on the spot or pay the difference in cash. Makes me wonder if Dallas County is really that broke that they can't handle a paperclip error, or if the clerk just wanted to go home early that day.

aaron_ellis423mo ago

Heard about this exact thing happening to a buddy of mine in Harris County a few months back... he was off by a dollar on a filing fee and they sent him packing too. Seems like it really depends on the clerk you get, some of them are real sticklers and others might just let you fix it on the spot without making you start over. I think the problem is that Dallas County has been super strict about this stuff ever since they had that big scandal with mismanaged funds a few years ago. Your attorney's right though, it happens all the time and it's a pain in the neck when it does.

xenarobinson3mo ago

yeah no thats exactly what happens. i got burned on this in tarrant county like two years ago. i was one cent off on a filing fee for a motion and the clerk just handed it back and told me to refile. didnt even give me a chance to fix it. what i learned is you gotta bring cash and a few extra bucks just in case they wig out over the exact amount. also if you can find out which clerk is working that day and ask around about their reputation it helps. some of them have a reputation for being cool about it and will let you slide with a correction if you're polite. others are out to make your life hell. best move is to have your attorney double check everything before you walk in and keep a little extra cash hidden in your car just in case. saves you from having to come back another day and waste more time.