28-110. Sheriff fees for service, execution and return of process; procedure; payment; exemptions. (a) Except as otherwise provided in this section:
(1) On and after July 1, 2012 through June 30, 2013, the sheriff of each Kansas county shall charge a fee of $10 for serving, executing and returning any process.
(2) On and after July 1, 2013, the sheriff of each Kansas county shall charge a fee of $15 for serving, executing and returning any process.
(b) Subject to subsection (e), the fee described in subsection (a) shall be charged for serving, executing and returning process, as well as for any unsuccessful attempts to serve, execute or return process.
(c) If more than one process for the same person in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.
(d) If more than one process for different persons at the same address in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.
(e) Where return is not made or timely return is not made pursuant to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be charged for subsequent processes that may be required to effect service and the timely return of the failed service. However, if service is attempted and return is made showing no service because the person to be served cannot be served at that address or there is no such address, the fee in subsection (a) shall be charged for an alias summons at the same address.
(f) Except as provided by K.S.A. 19-269, and amendments thereto, a sheriff shall be reimbursed for the necessary transportation and board expenses incurred while serving under requisition made by the governor.
(g) All fees charged by a sheriff pursuant to this section for the same case may be paid in one combined payment, in a form designated by the sheriff, such as a check or money order.
(h) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any civil action in which such state or municipality is involved, from paying service of process fees prescribed by this section.
(i) As used in this section, "process" means any summons, pleading, writ, order or notice issued by a court clerk or court.
History: L. 1913, ch. 197, § 12; R.S. 1923, 28-110; L. 1937, ch. 229, § 1; L. 1943, ch. 162, § 17; L. 1949, ch. 260, § 3; L. 1965, ch. 256, § 1; L. 1983, ch. 128, § 1; L. 1990, ch. 132, § 1; L. 2004, ch. 118, § 4; L. 2005, ch. 125, § 1; L. 2006, ch. 195, § 13; L. 2012, ch. 151, § 1; July 1.
Structure Kansas Statutes
Chapter 28 - Fees And Salaries
Article 1 - Fees In All Counties And Salaries In Certain Counties
28-101 Prescription of fees and compensation.
28-103 County clerks; fees for services.
28-104 Fees to be charged by all county treasurers.
28-109 All sheriffs to make oaths as to care and maintenance of prisoners; desperate characters.
28-110 Sheriff fees for service, execution and return of process; procedure; payment; exemptions.
28-115a Register of deeds technology fund.
28-118 Engineer of two or more counties; pro rata payment of salary and expenses.
28-119 County engineer; salary, funds payable from; expenses; joint district.
28-123 Accounting of fees; fee books; delivery.
28-124 Fees of predecessor in office.
28-125 Witness fees and mileage; oath.
28-126 Certain officials not to receive witness fees.
28-137b Legal notices and advertisements; definitions.
28-137c Legal notices and advertisements; affidavit of publisher; proof of publication.
28-138 District court clerk's record of attendance of jurors and witnesses.
28-141 Proof and collection of fees paid in civil action.
28-142 Bill for fees or costs.
28-145 Duty of officer collecting costs on execution.
28-147 No fees for constructive service or mileage.
28-148 Fees to be uniform in state.
28-150 Payment of fees by county in criminal cases; jury fees in civil and criminal cases.
28-152 Process fees, return required.
28-153 Fees not due until services performed.
28-167 Allowance for assistance, deputies, clerical and stenographic hire in certain counties.
28-168 Same; monthly payment of salaries.
28-169 Same; allowance of traveling expenses and mileage.
28-170a Prosecuting attorneys' training fund; fees.
28-172b Indigents' defense services fund; expenditures.
28-175 Disposition of fees and compensation not authorized to be retained by officers and employees.
28-176 Laboratory analysis fee charged as separate court costs in certain cases; use of proceeds.
28-178 Same; discretionary charge by supreme court.
28-179 Post-decree motion docket fee; authorized only by legislative enactment.