Standing Order 2011-9 (see 2011-9 In Re Policy to Refund Electronic Filing Fees.pdf ) grants the Clerk's Office authority to issue a refund for duplicate or erroneous fee payments made via Pay.gov. A CM/ECF Registered User who makes a duplicate or erroneous fee payment through Pay.gov will receive a Notice of Electronic Filing (NEF) alerting the user to the duplicate payment and a deadline by which a request for refund is due. Refund requests may be filed only for duplicate or erroneous fee payments and only after a Registered User receives a notice of duplicate payment. Below are instructions for filing a refund request and tips on how to avoid making duplicate payments in the future.
Requesting a Refund
Requests for a refund of duplicate or erroneous payments must be made in writing in pleading form and filed in CM/ECF using the "Request for Refund of Fees Paid Electronically" event, which may be found using the search feature. The pleading must contain the name, address, and telephone number of the party requesting the refund. See Sample Request for Refund of Pay.gov Payment.pdf . During filing, the user will be prompted to link to the filing for which the duplicate payment was made.
The written request for a refund must be accompanied by supporting documentation, including a copy of the electronic payment receipt and a copy of the NEF from the system transaction in CM/ECF during which the erroneous payment was made. This documentation is to be added as attachments to the main document during the filing process.
Upon receipt of the refund request and verification of the error, the Clerk's Office will process the refund to the same credit card used to make the erroneous payment. A notice of the refund will be recorded in the associated case docket in CM/ECF. Refunds will not be issued by check.
Avoiding Erroneous Payments
To avoid making duplicate payments:
- Never use the browser back and forward buttons to navigate within CM/ECF.
- Do not complete the payment screens and then close the browser window or navigate away from the application. Always wait until Pay.gov redirects you back to CM/ECF to complete the transaction. Like other CM/ECF transactions, there will be a final warning screen where you can review the docket text and submit the transaction.
- If, either due to a system or user error, the transaction is not completed but you have completed the payment screens, do not refile your pleading. If you attempt to refile, you will be prompted to make the payment again.
- Do not click the "Submit Payment" button more than once from the Online Payment, Step 2 screen. Be patient while the payment processes. A successful payment will generate an NEF that includes the Agency Tracking ID number from Pay.gov.
- To cancel a transaction from within Pay.gov, click either the "Cancel" button or the "Return to your originating application" link that appear on both the Online Payment, Step 1, and Online Payment, Step 2, pages. This will end the payment process, and the event will not be docketed. A display message will confirm that that the payment process has been canceled, and the event will not be completed.
- Sanctions for Repeat Offenders
In the event an attorney or law firm repeatedly makes erroneous payments and corresponding refund requests, the Court may consider remedial action, including an order to show cause as to why that attorney or law firm should not be barred from making future payments electronically.