§421. Fees
Sheriffs and their deputies shall receive the following fees, unless the sheriffs and deputies are paid a salary instead of the fees: [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
1. Civil process. For service of all writs or complaints with summonses, precepts, notices, executions, court orders, orders of service, copies and all other civil process or papers requiring service that are not specified in this section:
A. For proceedings in forma pauperis, $8 for each such service and $40 if the service is made in hand; [PL 2021, c. 739, §1 (AMD).]
B. For service on behalf of the State, $8 for each such service and $40 if the service is made in hand; and [PL 2021, c. 739, §1 (AMD).]
C. For all other proceedings, $16 for each such service and $40 if the service is made in hand; [PL 2021, c. 739, §1 (AMD).]
[PL 2021, c. 739, §1 (AMD).]
2. Disclosure subpoena. For the service of a disclosure subpoena as provided by Title 14, chapter 502, $40;
[PL 2021, c. 739, §2 (AMD).]
3. Complaint for divorce. For the service of a complaint for divorce with a writ of attachment by serving summonses and attested copy of the writ and complaint, or for the service of a complaint for divorce with an order of court by attested copy, $40;
[PL 2021, c. 739, §3 (AMD).]
4. Attachment of real estate. For the attachment of real estate at the registry of deeds, $40;
[PL 2021, c. 739, §4 (AMD).]
5. Attachment of personal property; replevin. For the attachment of personal property or for the service of a writ of replevin, $40, and an hourly rate determined by the sheriff to be charged for each hour after the first required for the service;
[PL 2021, c. 739, §5 (AMD).]
6. Civil arrests and custody. For civil arrests and custody under the arrest, including arrest and custody under paternity proceedings, $60 and an hourly rate determined by the sheriff to be charged for each hour after the first required for the service plus mileage at at least the same rate per mile as provided under Title 5, section 8;
[PL 2021, c. 739, §6 (AMD).]
7. Tax summonses and warrants. For the service of tax summonses and arrest under tax warrants, the same as for service of civil process;
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
8. Executions in personal actions. For levying and collecting executions in personal actions, for every dollar of the first $100, 4¢; for every dollar above $100 and not exceeding $200, 3¢; and for every dollar above $200, 2¢;
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
9. Redeeming mortgaged real estate. For advertising in a newspaper a right in equity of redeeming mortgaged real estate to be sold on execution, the sums that they pay the printer for those advertisements; for posting notice of the sale of the equity in the municipality where the land lies and in 2 adjoining municipalities, $6 and usual travel, and for a deed and return of the sale of the equity, $3;
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
10. Warrant; mittimus. For the service of a warrant, the officer is entitled to $2 and $2 for the service of a mittimus to commit a person to jail and usual travel, except as limited by Title 15, section 1363, and reasonable expenses incurred in the conveyance of the prisoner;
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
11. Attending court and keeping prisoner.
[PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD); PL 1989, c. 722, §5 (RP).]
12. Service of tax warrant. For the service of a tax warrant as provided by Title 36, section 173, the same as for service of civil process. For collecting taxes, penalties and interest under such warrants, for every dollar of the first $100, 4¢; for every dollar above $100 and not exceeding $200, 3¢; and for every dollar above $200, 2¢. Additional services, including travel, must be charged as provided in this section;
[PL 2005, c. 218, §3 (AMD).]
13. Service of an income tax warrant.
[PL 2005, c. 218, §4 (RP).]
14. Search for persons to serve. For diligently searching for persons on whom they are commanded to serve civil process when that party cannot be located at an address given to the sheriff or the deputy sheriff by the plaintiff or the plaintiff's attorney when commanding the service to be made, $40, plus mileage at at least the same rate per mile as provided under Title 5, section 8; and
[PL 2021, c. 739, §7 (AMD).]
15. Levy on real estate. The fees of the register of deeds for recording a levy upon real estate or the deed of the officer for the sale of real estate on execution and all sums paid by the officers for the state transfer tax shall be taxed by the officers in their return. All officers making levy on real estate by appraisal shall have the execution and their return on the execution recorded by the register of deeds for the district where the land lies within 3 months after the levy.
[PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
A sheriff or deputy sheriff may not charge a fee for attesting copies of any writ. [PL 1987, c. 737, Pt. A, §2 (NEW); PL 1987, c. 737, Pt. C, §106 (NEW); PL 1989, c. 6 (AMD); PL 1989, c. 9, §2 (AMD); PL 1989, c. 104, Pt. C, §§8, 10 (AMD).]
In addition to the fees charged for service, travel may be charged for each mile actually traveled at the same rate at which county government employees are reimbursed within that county, except that all travel initiated on behalf of a state government agency must be reimbursed at at least the same rate per mile as provided under Title 5, section 8. [PL 2021, c. 739, §8 (AMD).]
The county commissioners of each county may require that the fees collected under subsections 1, 2, 3, 5, 7, 12 and 14 be increased by $25. The sheriff or deputy shall collect this additional amount and pay it to the county treasurer for the use and benefit of the county. The county commissioners may also require that the fees collected under subsections 1 to 14 be increased by an amount equal to the cost of social security and other withholding taxes on the fees payable under this section. [PL 2021, c. 739, §9 (AMD).]
A full-time deputy, whether or not paid a salary, shall receive the fees listed in this section for the service of civil process if made while not on duty. [PL 1989, c. 180, §2 (NEW).]
SECTION HISTORY
PL 1987, c. 737, §§A2,C106 (NEW). PL 1989, c. 6 (AMD). PL 1989, c. 9, §2 (AMD). PL 1989, c. 104, §§C8,10 (AMD). PL 1989, c. 180, §2 (AMD). PL 1989, c. 303 (AMD). PL 1989, c. 502, §A112 (AMD). PL 1989, c. 722, §5 (AMD). PL 1989, c. 878, §A82 (AMD). PL 1991, c. 498, §§2,3 (AMD). PL 1997, c. 5, §1 (AMD). PL 1997, c. 8, §1 (AMD). PL 2003, c. 86, §1 (AMD). PL 2005, c. 218, §§3-5 (AMD). PL 2009, c. 205, §3 (AMD). PL 2021, c. 739, §§1-9 (AMD).
Structure Maine Revised Statutes