Bill Text: MI SB1043 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Civil procedure; service of process; process server fees; revise, and allow fees for certain additional services. Amends sec. 2559 of 1961 PA 236 (MCL 600.2559).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0558'12 2012 Addenda [SB1043 Detail]
Download: Michigan-2011-SB1043-Introduced.html
SENATE BILL No. 1043
March 27, 2012, Introduced by Senators NOFS, KAHN, CASWELL and JONES and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending section 2559 (MCL 600.2559), as amended by 2003 PA 243.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2559. (1) Except as provided in subsection (2), the
following is the schedule of fees allowed for process or papers
served out of a court in this state by a person authorized under
this act or supreme court rule to serve process:
(a) For personal service of a summons and complaint in a civil
action,
along with supporting documents, for each defendant, $18.00
$23.00 plus mileage.
(b) For personal service of an affidavit and account, for each
defendant,
$18.00 $23.00 plus mileage.
(c) For a request for and writ of garnishment, for each
garnishee
and defendant, $15.00 $20.00
plus mileage.
(d) For personal service of an order to seize goods that are
the
subject of a claim and delivery action, $32.00 $37.00 plus
mileage, plus the actual and reasonable expense of seizing,
keeping, and delivering the goods.
(e) For receiving and filing a bond from or on behalf of a
defendant
in a claim and delivery action, $12.00.$17.00.
(f)
For an order to show cause, for each person served, $18.00
$23.00 plus mileage.
(g) For a subpoena on discovery, for each person served,
$18.00
$23.00 plus mileage.
(h) For levying under or serving an order for the seizure of
property
and any accompanying paper, $32.00 $37.00 plus mileage,
plus
the actual and reasonable expense for of seizing and keeping
the property under the order.
(i) If the person has seized property under an order for the
seizure of property issued in an action in which a judgment is
entered against the owner of the property, regardless of whether
the judgment is entered before or after the order is issued, and if
the judgment is satisfied prior to sale of the seized property by
full payment of the judgment or settlement between the parties, 7%
of
the first $5,000.00 $8,000.00
of the payment or settlement
amount and 3% of the payment or settlement amount exceeding the
first
$5,000.00.$8,000.00.
(j) For sale of property seized under an order for the seizure
of
property, 7% of the first $5,000.00 $8,000.00 in receipts and 3%
of
any receipts exceeding the first $5,000.00.$8,000.00.
(k) For each notice of sale under an order for the seizure of
property or construction lien posted in a public place in the city
or
township, $18.00 $23.00 plus mileage.
(l) For an order of eviction or a writ for the restitution of
premises,
for each defendant, $32.00 $37.00
plus mileage, plus the
actual and reasonable expense for the physical removal of property
from the premises.
(m) For a subpoena directed to a witness, including a judgment
debtor,
$18.00 $23.00 plus mileage.
(n)
For a civil bench warrant or body execution, $32.00 $37.00
plus mileage, plus a reasonable fee per hour for the amount of time
involved in executing the warrant.
(o)
For service by mail, $5.00 $10.00
plus the actual cost of
postage.
(p) For each verification by a process server, $10.00 plus
mileage.
(q) For each postal change of address verification requested
by the plaintiff, $10.00.
(2)
Each of the fees prescribed in subsection (1) (1)(a) to
(o) shall increase by $1.00 on October 1, 2004, 2013, $1.00
on
October
1, 2005, 2014, and $1.00 on October 1, 2006.2015.
(3) Upon submitting a sworn affidavit, a person authorized by
this act or supreme court rule to serve process or papers out of a
court in this state is entitled to receive a $10.00 fee plus
mileage for each process that has an incorrect address. This fee is
in addition to any fee the person is entitled to receive under
subsection (1).
(4) Mileage allowed under subsection (1) shall be 1-1/2 times
the rate allowed by the state civil service commission for
employees in the state classified civil service. Mileage shall be
computed,
each way, by using the shortest distance reasonable route
from the place where the court that issued or filed the process or
paper is located to the place of service.
(5) The fees and expenses allowed under subsection (1)(h) to
(k) shall be collected in the same manner as the sum directed to be
levied or collected under the order for the seizure of property. If
there
are at the time of
advertising property for sale a sheriff or
other officer has several orders for the seizure of property
against
the same defendant, at the time of advertising the
defendant's
property for sale, in the hands of the same sheriff or
other
officer, only 1 advertising fee
shall be charged on the
whole, and the sheriff or other officer shall elect upon which
order he or she will receive that fee.
(6) A person authorized by this act or supreme court rule to
serve process or papers out of a court in this state who demands
and receives a greater fee or compensation for performing a service
mentioned
in this section than allowed by this section shall, is,
in
addition to all other liabilities liability provided by law, be
liable to the party injured by paying the illegal fees for 3 times
the
amount of illegal fees actually paid
, together with and all
costs of the action.
(7) A sheriff or other officer who, after the fees specified
by this section have been tendered, neglects or refuses a service
required by law is liable to the party injured for all damages that
the
party sustains by reason as
a result of that neglect or
refusal.
(8) As used in this section, "order for the seizure of
property" includes a writ of attachment and a writ of execution,
including, but not limited to, execution in a claim and delivery
action on property other than the property that is the subject of
the claim and delivery action.
