248.275 - Collection and deposit of fees; amount of commissions and mileage; entitlement to compensation.
248.275 Collection and deposit of fees; amount of commissions and mileage; entitlement to compensation.
1. The sheriff of each county in this State may charge and collect the following fees:
For serving a summons or complaint, or any other process, by which an action or proceeding is commenced, except as a writ of habeas corpus, on every defendant........................................................ $17
For traveling and making such service, per mile in going only, to be computed in all cases the distance actually traveled, for each mile................................................................................................................ 2
If any two or more papers are required to be served in the same suit at the same time, where parties live in the same direction, one mileage only may be charged.
For taking a bond or undertaking in any case in which the sheriff is authorized to take a bond or undertaking 5
For a copy of any writ, process or other paper, if demanded or required by law, for each page 3
For serving every rule or order................................................................................ 15
For serving one notice required by law before the commencement of a proceeding for any type of eviction 26
For serving not fewer than 2 nor more than 10 such notices to the same location, each notice 20
For serving not fewer than 11 nor more than 24 such notices to the same location, each notice 17
For serving 25 or more such notices to the same location, each notice.......... 15
For mileage in serving such a notice, for each mile necessarily and actually traveled in going only 2
But if two or more notices are served at the same general location during the same period, mileage may only be charged for the service of one notice.
For serving a subpoena, for each witness summoned........................................ 15
For traveling, per mile in serving subpoenas, or a venire, in going only, for each mile 2
When two or more witnesses or jurors live in the same direction, traveling fees must be charged only for the most distant.
For serving an attachment on property, or levying an execution, or executing an order of arrest or order for the delivery of personal property, together with traveling fees, as in cases of summons 15
For making and posting notices and advertising for sale, on execution or any judgment or order of sale, not to include the cost of publication in a newspaper................................................................. 15
For issuing each certificate of sale of property on execution or order of sale, and for recording the original certificate with the county recorder, which must be collected from the party receiving the certificate 5
For drawing and executing every sheriff’s deed, to be paid by the grantee, who shall in addition pay for the acknowledgment thereof.................................................................................................................. 20
For serving a writ of possession or restitution, putting any person into possession entitled thereto 21
For traveling in the service of any process, not otherwise provided in this section, for each mile necessarily traveled, for going only, for each mile................................................................................................ 2
For mailing a notice of a writ of execution............................................................. 2
The sheriff may charge and collect $2 per mile traveled, for going only, on all papers not served, where reasonable effort has been made to effect service, but not to exceed $20.
2. The sheriff may also charge and collect:
(a) For commissions for receiving and paying over money on execution or process, where lands or personal property have been levied on, advertised or sold, on the first $500, 4 percent; on any sum in excess of $500, and not exceeding $1,000, 2 percent; on all sums above that amount, 1 percent.
(b) For commissions for receiving and paying over money on executions without levy, or where the lands or goods levied on are not sold, on the first $3,500, 2 percent, and on all amounts over that sum, one-half of 1 percent.
(c) For service of any process in a criminal case, or of a writ of habeas corpus, the same mileage as in civil cases, to be allowed, audited and paid as are other claims against the county.
(d) For all services in justice courts, the same fees as are allowed in subsection 1 and paragraphs (a), (b) and (c) of this subsection.
3. The sheriff is also entitled to further compensation for his or her trouble and expense in taking possession of property under attachment, execution or other process and of preserving the property, as the court from which the writ or order may issue certifies to be just and reasonable.
4. In service of a subpoena or a venire in criminal cases, the sheriff is entitled to receive mileage for the most distant only, where witnesses and jurors live in the same direction.
5. The fees allowed for the levy of an execution, for advertising and for making and collecting money on an execution or order of sale, must be collected from the defendants, by virtue of the execution or order of sale, in the same manner as the execution is directed to be made.
6. Except as otherwise provided by an ordinance adopted pursuant to the provisions of NRS 244.207, all fees collected by a sheriff must be paid into the county treasury of his or her county on or before the fifth working day of the month next succeeding the month in which the fees are collected.
(Added to NRS by 1969, 182; A 1973, 784, 1680; 1985, 1006; 1987, 649; 1989, 1144; 1991, 406; 1993, 1351; 1997, 1206; 2001, 1743, 3210; 2003, 227)