17-22-2.5 - Fees of sheriff.
17-22-2.5. Fees of sheriff.
(1) (a) The legislative body of a county may set a fee for a service described in thissection and charged by the county sheriff:
(i) in an ordinance adopted under Section 17-53-223; and
(ii) in an amount reasonably related to, but not exceeding, the actual cost of providing theservice.
(b) If the legislative body of a county does not under Subsection (1)(a) set a fee chargedby the county sheriff, the sheriff shall charge a fee in accordance with Subsections (2) through(7).
(2) Unless under Subsection (1) the legislative body of a county sets a fee amount for afee described in this Subsection (2), the sheriff shall charge the following fees:
(a) for serving a notice, rule, order, subpoena, garnishment, summons, or summons andcomplaint, or garnishee execution, or other process by which an action or proceeding iscommenced, on each defendant, including copies when furnished by plaintiff, $20;
(b) for taking or approving a bond or undertaking in any case in which he is authorized totake or approve a bond or undertaking, including justification, $5;
(c) for a copy of any writ, process or other paper when demanded or required by law, foreach folio, 50 cents;
(d) for serving an attachment on property, or levying an execution, or executing an orderof arrest or an order for the delivery of personal property, including copies when furnished byplaintiff, $50;
(e) for taking and keeping possession of and preserving property under attachment orexecution or other process, the amount the court orders to a maximum of $15 per day;
(f) for advertising property for sale on execution, or any judgment, or order of sale,exclusive of the cost of publication, $15;
(g) for drawing and executing a sheriff's deed or a certificate of redemption, exclusive ofacknowledgment, $15, to be paid by the grantee;
(h) for recording each deed, conveyance, or other instrument affecting real estate,exclusive of the cost of recording, $10, to be paid by the grantee;
(i) for serving a writ of possession or restitution, and putting any person entitled topossession into possession of premises, and removing occupant, $50;
(j) for holding each trial of right of property, to include all services in the matter, exceptmileage, $35;
(k) for conducting, postponing, or canceling a sale of property, $15;
(l) for taking a prisoner in civil cases from prison before a court or magistrate, for eachmile necessarily traveled, in going only, to a maximum of 100 miles, $2.50;
(m) for taking a prisoner from the place of arrest to prison, in civil cases, or before acourt or magistrate, for each mile necessarily traveled, in going only, to a maximum of 100 miles,$2.50;
(n) for receiving and paying over money on execution or other process, as follows:
(i) if the amount collected does not exceed $1,000, 2% of this amount, with a minimumof $1; and
(ii) if the amount collected exceeds $1,000, 2% on the first $1,000 and 1-1/2% on thebalance; and
(o) for executing in duplicate a certificate of sale, exclusive of filing it, $10.
(3) The fees allowed by Subsection (2)(f) for the levy of execution and for advertisingshall be collected from the judgment debtor as part of the execution in the same manner as thesum directed to be made.
(4) When serving an attachment on property, an order of arrest, or an order for thedelivery of personal property, the sheriff may only collect traveling fees for the distance actuallytraveled beyond the distance required to serve the summons if the attachment or those orders:
(a) accompany the summons in the action; and
(b) may be executed at the time of the service of the summons.
(5) (a) (i) When traveling generally to serve notices, orders, process, or other papers, thesheriff may receive, except as otherwise provided under Subsection (1)(a), $2.50 for each milenecessarily traveled, in going only, computed from the courthouse for each person served, to amaximum of 100 miles.
(ii) When transmitting notices, orders, process, or other papers by mail, the sheriff mayreceive, except as otherwise provided under Subsection (1)(a), $2.50 for each mile necessarilytraveled, in going only, computed from the post office where received for each person served, toa maximum of 100 miles.
(b) The sheriff may only charge one mileage fee if any two or more papers are required tobe served in the same action or proceeding at the same time and at the same address.
(c) If it is necessary to make more than one trip to serve any notice, order, process, orother paper, the sheriff may not collect more than two additional mileage charges.
(6) (a) For delivering a patient to the Utah State Hospital, when the cost of delivery ispayable by private individuals, the sheriff may collect, except as otherwise provided underSubsection (1)(a), $2.50 per mile for the distance from the county seat of the sheriff's county tothe Utah State Hospital, to a maximum of 100 miles.
(b) If the sheriff requires assistance to deliver the person to the Utah State Hospital, thesheriff may also charge the actual and necessary cost of that assistance.
(7) (a) Subject to Subsection (7)(b), for obtaining a saliva DNA specimen under Section53-10-404, the sheriff shall collect the fee of $100 in accordance with Section 53-10-404.
(b) The fee amount described in Subsection (7)(a) cannot be changed by a countylegislative body under Subsection (1).
Amended by Chapter 75, 2010 General Session
Amended by Chapter 254, 2010 General Session