House Bill No. 253
Introduced By _______________________________________________________________________________
A Bill for an Act entitled: "An Act requiring a state agency, other than a district court, to pay fees charged by a sheriff for services provided to the state agency; and amending section 7-32-2141, MCA."
Be it enacted by the Legislature of the State of Montana:
Section 1. Section 7-32-2141, MCA, is amended to read:
"7-32-2141. Fees of sheriff. (1) For the services provided in subsections (1)(a) through (1)(n), the sheriff
receive the fees , if any, set by the county governing body. If fees have not been set by the county governing body, the
sheriff shall must receive the following:
(a) for the service of summons and complaint on each defendant, $5;
(b) for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;
(c) for levying and serving each writ of attachment of execution on real or personal property, $5;
(d) for service of attachment on the body or order of arrest on each defendant, $5;
(e) for the service of affidavit, order, and undertaking in claim and delivery, $5;
(f) for serving a subpoena, $2.50 for each witness summoned;
(g) for serving a writ of possession or restitution, $5;
(h) for trial of the right of property or damages, including all services except mileage, $7;
(i) for taking bond or undertaking in any case authorized by law, $5;
(j) for serving every notice, rule, or order, $5 for each person served;
(k) for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;
(l) for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;
(m) for holding any sheriff's sale for personal or real property on execution or under any judgment or order of sale, $7.50;
(n) for cancellation or postponement of sheriff's sale, $5.
(2) All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511(1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513.
(3) Except for a district court, an agency of the state shall pay the fees established in subsection (1) for services provided by a sheriff pursuant to subsection (1)."