ORNEY GENERAL 

TEXAS 

Honorable Ramie H. Griffin 

Criminal District Attorney 

County Courthouse 

Jefferson County 

Beaumont, Texas Opinion No. ww-512 

Re: Can a Plaintiff who makes a 

costs deposit pursuant to 

Rule 146, Texas Rules of 

Civil Procedure, and later 

prevails In the trial of 

his case with all costs assessed against the Defendant 

from whom the District Clerk 

cannot collect said costs, 

recover his costs deposit? 

If so, what recourse does 

the District Clerk have in 

the event portions of the 

deposit have been paid Into 

the County Treasury? 

Dear Mr. Griffin:- 

Your recent request foran opinion from this office 

sets out two questions. They are as follows: 

1. Where the Plaintiff In a civil suit 

has made a costs deposit with the District 

Clerk pursuant to Rule 146, Texas Rules of 

Civil Procedure, and upon trial of the cause 

judgment Is rendered In favor of Plaintiff 

with all costs assessed against Defendant, 

and the District Clerk 1s unable to collect 

such costs from the Defendant, can the Plalntiff recover the costs deposit? 

2. If Plaintiff can recover the costs deposit 

under the clrcumstanoes outlined above, what 

recourse has the District Clerk in the event 

portions of,the deposit have been paid into 

the County Treasury? 
- . 

Honorable Ramle H. Griffin, Page 2, (W-512) 

Several Texas Rules of Civil Procedure set out each 

party's responsibility for court costs. They are as follows: 

"Rule 125. Parties Responsible. Each 

party to a suit shall be liable to the officers 

of the Court for all costs incurred by himself. 

",Rule 127. Parties Liable for Other Coats. 

Each party to a suit shall be liable for all 

costs incurred by him. If the costs cannot be 

collected from the party against whom they have 

been adjudged, execution may Issue against any 

party In such suit for the amount of costs lncurred by such.party, but no more. 

"Rule 142. Security for Costs. The clerk 

may require,from the.plaintiff security for costs 

before Issuing any process, but shall file the 

petition and enter the same on the docket . . . . 

"Rule 143. Rule for Costs. The plaintiff 

ma,y be ruled to.glve security for costs at any 

time before final judgment, upon motion of the 

defendant or any officer of the court interested 

in the costs accruing in such suit . . . . 

"Rule 146. Deposit for Costs. D-l lieu of 

a bond for costs, the party required to give then 

same may deposit with the clerk of court or the 

justice of the peace such sum,asthe court or 

justice from time to time may:deslgnate as sufficient to pay the accrued costs. 

'Rule 149. When costs have been adjudged 

against a party and are not paid, the clerk or 

justice of the court in which the suit was determined may Issue execution, accompanied by an 

Itemized bill of costs, against such party to 

be levied and collected as in.other.caees; and 

said officer, on demand,of any party to whom 

any such costs are due, shall,issue execution 

for costs at once. . . .)t 

The rules are clear. Each party is responsible to 

the Court for the costs Incurred by him,in any civil suit. A 

deposit or bond~may be required of each party~~to, Insure payment 
Honorable Ramle H. Griffin, Page 3, (WW-512) 

of these costs. Assessment can be made agalnst the required 

depOBit or bond for two purposes. 

First, the losing party maybe assessed all costs of 

the suit. The bond or deposit may be levied against for these 

oosts. 

Secondly, if the costs cannot be collected by the 

,Court from the party agalnstwhomthey amc assessed* then the 

prevailing party Isliable for those costs incurred by hti, 

but he Is liable for no more. , 

we quote from DOSS, et al; Y. Chambers; et al., 188 

s.bl. 296, Clv.App. 1916, no writ history: 

"The genernl rule In ,clvll ,cases la 

that, when an appellant obtains ,a judgment in the appellate court, deciding the' 

case on its merits in his favor, he tiso 

obtains a judgment against his adversary 

for all the costs; but, PI no costs CM 

be collected from the adverse party, he 

is liable to the ~mfflcess of the several. 

courts for the costs incurred by him." 

It is the opinion of this office, that nhen the 

Plalntiff in a civil suit has made a costs deposit aulth the 

District Clerk pursuant to Bule 146, Texas Rules of Civil 

Procedure, and judgment Is rendered in his favorwith Defendant being assessed ,a11 costs, Plaintiff is entitled to 

recover hiscosts deposit. When, as in the instant case, 

costs cannot be collected from the party against wfiom they 

have been assessed, the Plaintiff Is liable to the Court for 

'those costsincurred by him. After his costs hav.e been dedueted he, is entitled to recove~r the rema%nd,er of the deposit. 

A~ttorney General's Opinion O-4948 (1942) spoke regarding questions related to those propounded by you. That 

opinion described the funds collected by county offlelals, 

ineluding court costs deposits collected by the District Clerk, 

as trust funds. We sub,scribe to that ,view. Orme the amount 

of the excess costs deposit has been established, that is sufficient to constitute a legitimate claim against the county 

In that ,amount. 

Therefore, it is our opinion that in the event portions 

of the deposit have been paid into the County Treasury, the Plstrlct Clerk's recourse would be to present his claim for the 

. 
Honorable Ramie H. Griffin, Page 4, (W-512) 

excess amountof the deposit against the County. In doing this, 

the District Clerk would follow those procedura1,rule.s which 

have been adopted by the Commissioner's Court in the county 

wherein the,clalm is being presented. 

SUMMARY 

Where the Plaintiff in a civil 

suit has made a costs,deposlt with the 

District Clerk pursuant to Rule 146, 

Texas Rules of Civil Procedure, and upon trial of the cause judgment is rendered In favor of Plaintiff with all costs 

assessed against Defendant, and the Dlstrict Clerk is unable to collect such costs 

from the Defendant, the Plalntlff can recover the costs deposit after those costs 

accruing to him have been deducted. 

In the event portions of the deposit 

have been paid into the County Treasury,, 

the District Clerk9 recourse would be 

to present his claim against the County 

according to the rules of,procedure which 

have been adopted by the Commissioner's 

Court In the County where the claim is 

presented. 

Very truly yours, 

WILL WILSON 

ATTORNEY GENERAL OF TEXAS 

BF:,bb 

APPROVED 

+ 

&d BY: 

Byron Fullerton 

Assistant 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

Milton Richardson 

Morgan Nesbitt 

Leon Pesek 

Clyde Kennelly 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: w. v. GEPPERT