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64.090 Sheriffs.

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64.090 Sheriffs. (1) Sheriffs may charge and collect the following fees from the Commonwealth and any of its agencies, including the Department of Kentucky State Police, when the source <br>of payment is not otherwise specified, if the Commonwealth, any of its agencies, or <br>the Department of Kentucky State Police makes a request that the sheriff perform <br>any of the following: <br>(a) Executing and returning process ............................................................ &#36;20.00; <br>(b) Serving an order of court and return ......................................................... 3.00; <br>(c) Summoning or subpoenaing each witness, fee to be paid by requester <br> to sheriff before service ........................................................................... 10.00; (d) Summoning an appraiser or reviewer ....................................................... 2.00; <br>(e) Attending a surveyor, when ordered by a <br> court, per deputy or sheriff assigned ....................................................... 20.00; (f) Taking any bond that he is authorized or <br> required to take in any action .................................................................... 5.00; (g) Collecting money under execution or distress warrant, if the debt is paid or the property sold, or a delivery bond given and not complied with, six percent <br>(6%) on the first three hundred dollars (&#36;300) and three percent (3%) on the <br>residue; when he or she levies an execution or distress warrant, and the <br>defendant replevies the debt, or the writ is stayed by legal proceedings or by <br>the order of the plaintiff, half of the above commissions, to be charged to the <br>plaintiff and collected as costs in the case; (h) Taking a recognizance of a witness .......................................................... 3.00; <br>(i) Levying an attachment .............................................................................. 5.00; <br>(j) When property attached is sold by an officer other than the officer levying the attachment, the court shall, in the judgment, make the officer an additional <br>and reasonable allowance for levying the attachment, and the fee of the officer <br>selling the property shall be lessened by that sum. Reasonable charges for <br>removing and taking care of attached property shall be allowed by order of <br>court; (k) Summoning a garnishee ............................................................................ 3.00; <br>(l) Summoning a jury in a misdemeanor case, attending the trial, and <br> conducting the defendant to jail, to be paid by the party convicted ................................................................................................. 8.00; (m) Serving process or arresting the party in <br> misdemeanor cases, to be paid by the plaintiff ....................................... 30.00; (n) Serving an order or process of revivor ...................................................... 3.00; <br>(o) Executing a writ of possession against each tenant or defendant ............. 7.00; (p) Executing a capias ad satisfaciendum, the same commission as collecting money on execution. If the debt is not paid, but stayed or secured, half <br>commission; (q) Summoning and attending a jury in a case of forcible entry and <br> detainer, besides fees for summoning witnesses ...................................... 8.00; (r) Collecting militia fines and fee-bills, ten percent (10%), to be deducted out of the fee-bill or fine; (s) Levying for a fee-bill ................................................................................ 3.00; <br>(t) Serving a notice ......................................................................................... 2.00; <br>(u) Serving summons, warrants or process of arrest in cases of <br> children born out of wedlock .................................................................... 6.00; (v) Serving a civil summons in a nonsupport case ........................................ 10.00; <br>(w) Serving each order appointing surveyors of <br> roads, to be paid out of the county levy .................................................... 5.00; (x) Serving each summons or order of court in applications concerning <br> roads, to be paid out of the county levy if the road is established, and in all other cases to be paid by the applicant ...................................... 5.00; (y) Like services in cases of private passways to <br> be paid by the applicant ............................................................................ 5.00; (z) Executing each writ of habeas corpus, to be <br> paid by the petitioner ................................................................................ 3.00; (aa) All services under a writ issued under <br> KRS 381.460 to 381.570 .................................................................. 10.00; and (bb) For services in summoning grand and petit jurors and performing his or her duties under KRS Chapter 29A the sheriff shall be allowed, for each person so <br>summoned, and paid out of the State Treasury for constructive service the sum <br>of &#36;1.50 and for personal service the sum of &#36;3.00. (2) Sheriffs may charge and collect a fee of forty dollars (&#36;40) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its <br>agencies, or the Department of Kentucky State Police for the services provided in <br>subsection (1) of this section where a percentage, commission, or reasonable fee is <br>not otherwise allowed. If a percentage, commission, or reasonable fee is allowed, <br>that amount shall be paid. If payment is specified from a person other than the <br>person who requested the service, then the person specified shall be responsible for <br>payment. Effective: June 26, 2007 <br>History: Amended 2007 Ky. Acts ch. 85, sec. 137, effective June 26, 2007. -- Amended 2006 Ky. Acts ch. 255, sec. 1, effective January 1, 2007. -- Amended 2005 Ky. Acts <br>ch. 43, sec. 1, effective June 20, 2005. -- Amended 2002 Ky. Acts ch. 194, sec. 1, <br>effective July 15, 2002. -- Amended 1996 Ky. Acts ch. 248, sec. 2, effective July 15, <br>1996. -- Amended 1984 Ky. Acts ch. 16, sec. 2, effective July 13, 1984. -- Amended 1982 Ky. Acts ch. 159, sec. 4, effective July 15, 1982; and ch. 385, sec. 15, effective <br>July 1, 1982. -- Amended 1978 Ky. Acts ch. 162, sec. 2, effective June 17, 1978. -- <br>Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 77, effective January 1, 1978. <br>-- Amended 1962 Ky. Acts ch. 253, sec. 1. -- Amended 1952 Ky. Acts ch. 72, sec. 1. <br>-- Amended 1944 Ky. Acts ch. 25, sec. 1. -- Recodified 1942 Ky. Acts ch. 208, <br>sec. 1, effective October 1, 1942, from Ky. Stat. secs. 354, 357, 1726.