Effective - 28 Aug 2008
488.435. Sheriff to receive charges for civil cases. — 1. Sheriffs shall receive a charge, as provided in section 57.280, for service of any summons, writ or other order of court, in connection with any civil case, and making on the same either a return indicating service, a non est return or a nulla bona return, the sum of twenty dollars for each item to be served, as provided in section 57.280, except that a sheriff shall receive a charge for service of any subpoena, and making a return on the same, the sum of ten dollars, as provided in section 57.280; however, no such charge shall be collected in any proceeding when court costs are to be paid by the state, county or municipality. In addition to such charge, the sheriff shall be entitled, as provided in section 57.280, to receive for each mile actually traveled in serving any summons, writ, subpoena or other order of court, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile, provided that such mileage shall not be charged for more than one subpoena or summons or other writ served in the same cause on the same trip. All of such charges shall be received by the sheriff who is requested to perform the service. Except as otherwise provided by law, all charges made pursuant to section 57.280 shall be collected by the court clerk as court costs and are payable prior to the time the service is rendered; provided that if the amount of such charge cannot be readily determined, then the sheriff shall receive a deposit based upon the likely amount of such charge, and the balance of such charge shall be payable immediately upon ascertainment of the proper amount of such charge. A sheriff may refuse to perform any service in any action or proceeding, other than when court costs are waived as provided by law, until the charge provided by this section is paid. Failure to receive the charge shall not affect the validity of the service.
2. The sheriff shall, as provided in section 57.280, receive for receiving and paying moneys on execution or other process, where lands or goods have been levied and advertised and sold, five percent on five hundred dollars and four percent on all sums above five hundred dollars, and half of these sums, when the money is paid to the sheriff without a levy, or where the lands or goods levied on shall not be sold and the money is paid to the sheriff or person entitled thereto, his or her agent or attorney. The party at whose application any writ, execution, subpoena or other process has issued from the court shall pay the sheriff's costs, as provided in section 57.280, for the removal, transportation, storage, safekeeping and support of any property to be seized pursuant to legal process before such seizure. The sheriff shall be allowed for each mile, as provided in section 57.280, going and returning from the courthouse of the county in which he or she resides to the place where the court is held, the rate prescribed by the Internal Revenue Service for all allowable expenses for motor vehicle use expressed as an amount per mile. The provisions of this subsection shall not apply to garnishment proceeds.
3. As provided in subsection 4 of section 57.280, the sheriff shall receive ten dollars for service of any summons, writ, subpoena, or other order of the court included under subsection 1 of section 57.280, in addition to the charge for such service that each sheriff receives under subsection 1 of section 57.280. The money received by the sheriff under subsection 4 of section 57.280 shall be paid into the county treasury and the county treasurer shall make such money payable to the state treasurer. The state treasurer shall deposit such moneys in the deputy sheriff salary supplementation fund created under section 57.278.
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(L. 2000 S.B. 1002 Revision, A.L. 2008 H.B. 2224)
Structure Missouri Revised Statutes
Section 488.005 - Clerk not to collect surcharge, when.
Section 488.006 - Infraction charges imposed same as misdemeanor charges.
Section 488.010 - Definitions.
Section 488.012 - Clerk to collect — supreme court to set amount — amount prior to adjustment.
Section 488.014 - Overpayment of court costs, no duty to refund, when.
Section 488.016 - Veterans, waiver of costs, when.
Section 488.018 - Disbursement of court costs.
Section 488.020 - Collection of court costs, when, how.
Section 488.024 - Assessment of surcharge, exceptions — remittance to sheriffs' retirement fund.
Section 488.027 - Statewide court automation fund fee, amount, disposition.
Section 488.031 - Additional fees for civil and criminal actions and proceedings, collection of.
Section 488.032 - Fees of witnesses — examination on oath.
Section 488.035 - Witness in criminal proceedings, mileage allowance and per diem.
Section 488.045 - Costs for impaneling jury to be paid, when.
Section 488.064 - Handling fee for child support payments, paid to clerk, when (Marion County).
Section 488.200 - Centralized bureau funds.
Section 488.315 - Surcharge for juvenile justice preservation fund — contingent expiration.
Section 488.432 - Party filing suit may recover deposit.
Section 488.435 - Sheriff to receive charges for civil cases.
Section 488.474 - Utility right of access, wrongful action — recovery of costs.
Section 488.605 - Circuit clerk, duties — (child support).
Section 488.610 - Victim of domestic assault, stalking, or domestic violence not to pay costs.
Section 488.627 - Dispositional hearing for juvenile, witness fee and mileage allowance.
Section 488.635 - Surcharge collected, deposit into domestic relations resolution fund.
Section 488.650 - Expungement cases under section 610.140, surcharge, amount, waiver.
Section 488.1005 - Fee to accompany request for notice of final or partial distribution.
Section 488.1010 - Fee required for will deposit.
Section 488.2206 - Circuit No. 37, additional surcharge for a county or municipal judicial facility.
Section 488.2230 - Municipal ordinance violations, additional court costs (Kansas City).
Section 488.2235 - Kansas City, additional surcharge for municipal courthouses.
Section 488.2245 - City of Florissant, additional surcharge for a municipal courthouse.
Section 488.2250 - Fees for appeal transcript of testimony — judge may order transcript, when.
Section 488.2253 - Fees, amount, payment.
Section 488.5017 - Surcharge in criminal and infraction cases, exceptions.
Section 488.5025 - Judgments paid on time-payment basis, additional assessment for.
Section 488.5028 - Court cost delinquencies, income tax setoff may be requested, procedure.
Section 488.5320 - Charges in criminal cases, sheriffs and other officers — MODEX fund created.
Section 488.5334 - Reimbursement of costs of arrest, when — limitations.
Section 488.5342 - Appointment of substitute prosecutor, when — fees.
Section 488.5345 - Cost of necessary clothing for prisoner, how paid.
Section 488.5356 - Change of venue, costs allowed when.
Section 488.5358 - Treatment court operations, surcharge for, exceptions (Jackson County).
Section 488.5375 - Additional cost, certain felony sexual offenses with electronic devices seized.
Section 488.6697 - Recording of order of consolidation — fee.