258.125 - Fees; expenses; accounting.
258.125 Â Fees; expenses; accounting.
     1.  Constables are entitled to the following fees for their services:
For serving a summons or other process by which a suit is commenced in civil cases             $17
For summoning a jury before a justice of the peace............................................ 7
For taking a bond or undertaking............................................................................. 5
For serving an attachment against the property of a defendant........................ 9
For serving subpoenas, for each witness............................................................... 15
For a copy of any writ, process or order or other paper, when demanded or required by law, per folio               3
For drawing and executing every constable’s deed, to be paid by the grantee, who must also pay for the acknowledgment thereof.................................................................................................................. 20
For each certificate of sale of real property under execution............................. 5
For levying any writ of execution or writ of garnishment, or executing an order of arrest in civil cases, or order for delivery of personal property, with traveling fees as for summons................................. 9
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 each service in a summary eviction, except service of any notice required by law before commencement of the proceeding, and for serving notice of and executing a writ of restitution 21
For making and posting notices, and advertising property for sale on execution, not to include the cost of publication in a newspaper.............................................................................................................. 9
For each warrant lawfully executed...................................................................... 48
For mileage in serving summons, attachment, execution, order, venire, subpoena, notice, summary eviction, writ of restitution or other process in civil suits, for each mile necessarily and actually traveled, in going only        2
But when two or more persons are served in the same suit, mileage may only be charged for the most distant, if they live in the same direction.
For mileage in making a diligent but unsuccessful effort to serve a summons, attachment, execution, order, venire, subpoena or other process in civil suits, for each mile necessarily and actually traveled, in going only           2
But mileage may not exceed $20 for any unsuccessful effort to serve such process.
     2.  A constable is also entitled to receive:
     (a) For receiving and taking care of property on execution, attachment or order, the constable’s actual necessary expenses, to be allowed by the court which issued the writ or order, upon the affidavit of the constable that the charges are correct and the expenses necessarily incurred.
     (b) For collecting all sums on execution or writ, to be charged against the defendant, on the first $3,500, 2 percent thereof, and on all amounts over that sum, one-half of 1 percent.
     (c) For service in criminal cases, except for execution of warrants, the same fees as are allowed sheriffs for like services, to be allowed, audited and paid as are other claims against the county.
     (d) For removing or causing the removal of, pursuant to NRS 487.230, a vehicle that has been abandoned on public property, $100.
     3.  Deputy sheriffs acting as constables are not entitled to retain for their own use any fees collected by them, but the fees must be paid into the county treasury on or before the fifth working day of the month next succeeding the month in which the fees were collected.
     4.  Constables shall, on or before the fifth working day of each month, account for and pay to the county treasurer all fees collected during the preceding month, except fees which may be retained as compensation.
     (Added to NRS by 1959, 610; A 1961, 685; 1973, 1642; 1975, 313; 1979, 1032; 1981, 365; 1985, 1009; 1987, 651; 1991, 408; 1993, 266; 2001, 3212; 2007,104; 2009, 3013)
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