SB 346-FN-LOCAL – FINAL VERSION
SENATE BILL 346-FN-LOCAL
This bill increases sheriffs’ fees for service of civil process. The bill also establishes a new sheriff’s fee to be charged to the defendant on any civil order of arrest unless the defendant, upon motion, shows the court good cause for failure to appear.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [
in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Ten
AN ACT relative to sheriffs’ fees for service of civil process.
Be it Enacted by the Senate and House of Representatives in General Court convened:
338:1 Sheriff’s Fees for Service of Civil Process. Amend RSA 104:31 to read as follows:
104:31 Fees of Sheriffs and Deputy Sheriffs. At the time of the initial request for any of the following services, the required fees and mileage may be paid. The fees of sheriffs and deputy sheriffs shall be as follows:
I. For service of every writ, except as otherwise specifically provided, [
$15] $25; for every service of a writ of possession, [ $15] $25; for service of every demand for rent, eviction notice, small claims notice, process, and notice of execution, [ $15] $25; and for service of every subpoena, [ $15] $25.
II. For service of a bill, libel or petition, [
$15] $25; provided that service of a petition with restraining order shall be [ $25] $30.
III. For making an attachment of personal property or making a bulky attachment, [
IV. In every county for actual travel to serve any writ, notice, subpoena, process or execution, to be reckoned from the place of service to the residence of the officer, and for travel to attend any court by the order thereof, to be reckoned from the residence of the officer to the court, each mile, each way, [
$.45] at the current federal rate.
V. For levying executions, or sheriff sales or both, on the dollar, for the first $100 levied, $.04; for all above $100, and not exceeding $500, $.03; for all above $500, and not exceeding $1,000, $.02; for all above $1,000, $.01; minimum fee, $10.
VI. For making copies of writs, each, $1; for postage and handling of writs, each, $1.
VII. For leaving the copy and return required in the attachment of real estate at the office or the dwelling house of a register of deeds, [
VIII. For every service of a writ of attachment with a petition or writ of summons with a petition, [
$15] $30; for every service of a writ of replevin, [ $15] $25; for every non est return, $10.
IX. For making a search, for taking an inventory, for conducting a sale or for waiting time, [
$15] $25 per hour in addition to any other fees specified in this section.
IX-a. For service of a civil order of arrest, $25 to be charged to the defendant unless the defendant, upon motion, shows the court good cause for failure to appear.
IX-b. With the exception of civil orders of arrest under paragraph IX-a, for service whenever in-hand service is required by court order or court rule, an additional $25.
X. The state shall reimburse the sheriff's office, within available funds appropriated by the legislature, $65 for each full day and $35 for each half day, plus traveling expenses to attend any official business, for any person employed as a bailiff by the sheriff's office. For the purpose of this paragraph, a half day shall be defined as a day in which a bailiff works 4 hours or less. The state shall reimburse the counties, within available funds appropriated by the legislature, for all costs associated with employing court bailiffs, if those costs are the result of job requirements imposed by federal and state governments.
338:2 Effective Date. This act shall take effect 60 days after its passage.
Approved: July 20, 2010
Effective Date: September 18, 2010