36.18.040 - Sheriff's fees.

Sheriff's fees.

(1) Sheriffs shall collect the following fees for their official services:

     (a) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location, ten dollars, and on two or more defendants at the same residence, twelve dollars, besides mileage;

     (b) For making a return, besides mileage actually traveled, seven dollars;

     (c) For levying each writ of attachment or writ of execution upon real or personal property, besides mileage, thirty dollars per hour;

     (d) For filing copy of writ of attachment or writ of execution with auditor, ten dollars plus auditor's filing fee;

     (e) For serving writ of possession or restitution without aid of the county, besides mileage, twenty-five dollars;

     (f) For serving writ of possession or restitution with aid of the county, besides mileage, forty dollars plus thirty dollars for each hour after one hour;

     (g) For serving an arrest warrant in any action or proceeding, besides mileage, thirty dollars;

     (h) For executing any other writ or process in a civil action or proceeding, besides mileage, thirty dollars per hour;

     (i) For each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, thirty-five cents;

     (j) For making a deed to lands sold upon execution or order of sale or other decree of court, to be paid by the purchaser, thirty dollars;

     (k) For making copies of papers when sufficient copies are not furnished, one dollar for first page and fifty cents per each additional page;

     (l) For the service of any other document and supporting papers for which no other fee is provided for herein, twelve dollars;

     (m) For posting a notice of sale, or postponement, ten dollars besides mileage;

     (n) For certificate or bill of sale of property, or certificate of redemption, thirty dollars;

     (o) For conducting a sale of property, thirty dollars per hour spent at a sheriff's sale;

     (p) For notarizing documents, five dollars for each document;

     (q) For fingerprinting for noncriminal purposes, ten dollars for each person for up to two sets, three dollars for each additional set;

     (r) For mailing required by statute, whether regular, certified, or registered, the actual cost of postage;

     (s) For an internal criminal history records check, ten dollars;

     (t) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming, the actual cost including personnel time.

     (2) Fees allowable under this section may be recovered by the prevailing party incurring the same as court costs. Nothing contained in this section permits the expenditure of public funds to defray costs of private litigation. Such costs shall be borne by the party seeking action by the sheriff, and may be recovered from the proceeds of any subsequent judicial sale, or may be added to any judgment upon proper application to the court entering the judgment.

     (3) Notwithstanding subsection (1) of this section, a county legislative authority may set the amounts of fees that shall be collected by the sheriff under subsection (1) of this section to cover the costs of administration and operation.

[1992 c 164 § 1; 1981 c 194 § 1; 1975 1st ex.s. c 94 § 1; 1963 c 4 § 36.18.040. Prior: 1959 c 263 § 8; 1951 c 51 § 6; 1907 c 56 § 1, part, p 91; 1903 c 151 § 1, part, p 294; 1893 c 130 § 1, p 422; Code 1881 § 2086, part, p 356; 1869 p 364 § 1, part, p 365; 1865 p 94 § 1, part, p 97; 1863 p 391 § 1, part, p 392; 1861 p 34 § 1, part, p 35; 1854 p 368 § 1, part, p 369; RRS § 497, part.]

Notes: Severability -- 1981 c 194: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [1981 c 194 § 5.]