June 26, 2003, Introduced by Rep. Julian and referred to the Committee on Criminal Justice.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2555 and 2559 (MCL 600.2555 and 600.2559),
section 2559 as amended by 1994 PA 133.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2555. The
sheriff or other officer, serving any A
2 person authorized by this act or supreme court rule to serve
3 process or a paper
, shall only be issued by or filed with a
4 court in this state is only
entitled to traveling fees for such
5 the service , from
the county seat of the county in which
6 service was made, place where the court that issued or filed the
7 process or paper is located
to the place of service, therein
8 not to exceed 75 miles each way.
9 Sec. 2559. (1) Except as provided in subsection (2), the
10 following is the
schedule applies as of fees allowed for
1 process or papers
served out of the circuit court, the probate
2 court, the district court,
or any municipal court by any a
court
3 in this state by a person
authorized pursuant to under this act
4 or supreme court rule to serve process:
5 (a) For personal service of a summons and complaint in a
6 civil action, along with supporting documents, for each
7 defendant, $13.00 $18.00
plus mileage.
8 (b) For personal
service of an affidavit of and account,
9 and statement, for each defendant, $13.00 $18.00
plus
10 mileage.
11 (c) For a summons
and affidavit in request for and writ of
12 garnishment, for each
garnishee and defendant, $10.00 $15.00
13 plus mileage.
14 (d) For seizure
and delivery of personal service of an
15 order to seize goods in
a case of that are the subject of a
16 claim and delivery action,
$27.00 $32.00 plus mileage, plus the
17 actual and reasonable
expense of taking seizing, keeping, and
18 delivering the goods.
19 (e) For receiving and filing a bond from or on behalf of a
20 defendant in a case
of claim and delivery action, $2.00
21 $12.00.
22 (f) For an order to
show cause, $13.00 for each person
23 served, $18.00 plus mileage.
24 (g) For a subpoena on
discovery, $13.00 for each person
25 served, $18.00 plus mileage.
26 (h) For a writ,
affidavit, and bond in a case of attachment,
27 $13.00 plus mileage.
1 (h) (i) For
the seizure of property in a case of
2 attachment, $27.00 levying under or serving an order for the
3 seizure of property and any accompanying paper, $32.00 plus
4 mileage, plus the actual
and reasonable expense for taking
5 seizing and keeping the property under the order.
6 (i) (j)
For levy under a writ of execution, $27.00 plus
7 mileage, plus the
actual and reasonable expense for taking,
8 keeping, and sale,
plus, If the person has seized
property under
9 an order for the seizure of property issued in an action in which
10 a judgment is entered against the owner of the property,
11 regardless of whether the judgment is entered before or after the
12 order is issued, and if the judgment is satisfied prior to sale
13 of the seized property by full payment of the judgment or
14 settlement between the parties, 7% of the first $5,000.00 in
15 receipts of the payment or settlement amount and 3% of
16 receipts the payment or settlement amount exceeding the
first
17 $5,000.00.
18 (j) (k) For
sale on levy in a case of execution of
19 property seized under an order for the seizure of property, 7% of
20 the first $5,000.00 in receipts and 3% of any receipts exceeding
21 the first $5,000.00.
22 (k) (l) For each
notice of sale on levy in the case of an
23 execution or mechanics
under an order for the seizure of
24 property or construction lien posted in a public place in the
25 city or township, $13.00
$18.00 plus mileage.
26 (l) (m) For
an order of eviction or a writ for the
27 restitution of premises, $27.00
for each defendant, $32.00 plus
1 mileage, plus the actual
and reasonable expense for moving the
2 physical removal of
property out of from the premises.
3 (m) (n) For
a subpoena directed to a witness, including a
4 judgment debtor, $13.00
$18.00 plus mileage.
5 (n) (o) For
a civil bench warrant or body execution,
6 $27.00 $32.00 plus mileage, plus $13.00 a
reasonable fee per
7 hour for the amount of
time , if any, involved in executing the
8 warrant.
9 (o) For service by mail, $5.00 plus the actual cost of
10 postage.
11 (2) Each of the
fees prescribed in subsection (1), except
12 the fee prescribed in
subsection (1)(e), shall increase by $1.00
13 on October 1, 1995,
$1.00 on October 1, 1996, and $1.00 on
14 October 1, 1997. Beginning on January 1, 2005, each specific
15 dollar amount in subsection (1) shall be adjusted annually by
16 multiplying the amount by a cost-of-living adjustment factor that
17 is a fraction, the numerator of which is the United States
18 consumer price index for the prior calendar year and the
19 denominator of which is the United States consumer price index
20 for 2003. The resulting product shall be rounded to the nearest
21 50 cents. The annual adjustment to an amount shall not exceed
22 $1.00. As used in this subsection, "United States consumer price
23 index" means the annual average of the United States consumer
24 price index for all urban consumers as defined and reported by
25 the United States department of labor, bureau of labor
26 statistics, or its successor agency, and as certified by the
27 state treasurer.
1 (3) Upon submitting a
sworn affidavit, a person who serves
2 authorized by this act or supreme court rule to serve process or
3 papers out of the
circuit court, the probate court, the district
4 court, or any
municipal court a court in this
state is entitled
5 to receive a $10.00 fee plus mileage for each process that has an
6 incorrect address. This
fee is in addition to any fee to which
7 the person is entitled to receive under subsection (1).
8 (4) Mileage allowed
under subsection (1) shall be the same
9 rate per mile, each
way, as 1-1/2 times the rate
allowed by the
10 state civil service commission for employees in the state
11 classified civil service.
and Mileage shall be computed, each
12 way, by the shortest distance from the place where the court that
13 issued or filed the process or paper is located to the place of
14 service. to
the following location:
15 (a) For service
out of any court other than the district
16 court, and within the
same county, to the court.
17 (b) For service
out of any court other than the district
18 court, but outside of
the county in which the process originates,
19 to the comparable
court in that county.
20 (c) For service
out of the district court and within the same
21 district, to the court
which is the place of return.
22 (d) For service
out of the district court, but outside of the
23 district in which the
process originates, to the place of the
24 court in that district.
25 (5) The fees allowed
for the service of an execution and for
26 advertising in
conjunction with an execution and
expenses
27 allowed under subsection (1)(h) to (k) shall be collected by
1 virtue of the
execution, in the same manner as the
sum directed
2 to be levied in the
execution or collected under the order for
3 the seizure of property.
If there are several executions
4 orders for the seizure of property against the defendant, at the
5 time of the advertising
of the defendant's property for sale,
6 in the hands of the same
sheriff or other officer, there shall
7 be only 1 advertising fee shall be charged on the
whole, and the
8 sheriff or other officer
shall elect upon which execution order
9 he or she will receive that fee.
10 (6) Any A
person who serves authorized by this act or
11 supreme court rule to serve
process or papers out of the circuit
12 court, the probate court,
the district court, or any municipal
13 court and a court in this state who demands or and
receives
14 any a greater fees fee or
compensation for performing any of
15 the services a service mentioned in this section than as
16 allowed by this section ,
shall, in addition to all other
17 liabilities now provided
by law, be liable to the party injured
18 , for by paying the illegal fees , in for
3 times the amount
19 so demanded, received,
or of illegal fees actually
paid,
20 together with all costs of the action.
21 (7) Any A
sheriff or other officer who, after the fees
22 specified by this section have been tendered, neglects or refuses
23 any of the services a service required by law shall be is
24 liable to the party
injured for all damages which that the
25 party sustains by reason of that neglect or refusal.
26 (8) As used in this section, "order for the seizure of
27 property" includes a writ of attachment and a writ of execution,
1 including, but not limited to, execution in a claim and delivery
2 action on property other than the property that is the subject of
3 the claim and delivery action.