Effective - 28 Aug 2021, 4 histories
57.280. Sheriff to receive charge, civil cases — service of process, fee. — 1. Sheriffs shall receive a charge 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, 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; 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 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 this section 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 said 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 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 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 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, going and returning from the courthouse of the county in which he 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. The sheriff upon the receipt of the charge herein provided for shall pay into the treasury of the county any and all charges received pursuant to the provisions of this section. The funds collected pursuant to this section, not to exceed fifty thousand dollars in any calendar year, shall be held in a fund established by the county treasurer, which may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties. Any such funds in excess of fifty thousand dollars in any calendar year shall be placed to the credit of the general revenue fund of the county. Moneys in the fund shall be used only for the procurement of services and equipment to support the operation of the sheriff's office. Moneys in the fund established pursuant to this subsection shall not lapse to the county general revenue fund at the end of any county budget or fiscal year.
4. Notwithstanding the provisions of subsection 3 of this section to the contrary, the sheriff, or any other person specially appointed to serve in a county that receives funds under section 57.278, shall receive ten dollars for service of any summons, writ, subpoena, or other order of the court included under subsection 1 of this section, in addition to the charge for such service that each sheriff receives under subsection 1 of this section. The money received by the sheriff, or any other person specially appointed to serve in a county that receives funds under section 57.278, under this subsection 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.
5. Sheriffs shall receive up to fifty dollars for service of any summons, writ, or other order of the court in connection with any eviction proceeding, in addition to the charge for such service that each sheriff receives under this section. All of such charges shall be received by the sheriff who is requested to perform the service and shall be paid to the county treasurer in a fund established by the county treasurer, which may be expended at the discretion of the sheriff for the furtherance of the sheriff's set duties. All charges shall be 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 said charge.
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(RSMo 1939 § 13411, A.L. 1974 S.B. 378, A.L. 1978 H.B. 1634, A.L. 1979 H.B. 148, A.L. 1989 S.B. 196, A.L. 1991 S.B. 250, A.L. 1993 S.B. 250, A.L. 1996 S.B. 869, A.L. 1998 H.B. 1528, A.L. 1999 S.B. 1, et al., A.L. 2008 H.B. 2224, A.L. 2012 S.B. 628, A.L. 2019 H.B. 192 merged with S.B. 12 & 123, A.L. 2021 S.B. 53 & 60)
Prior revisions: 1929 § 11789; 1919 § 10998; 1909 § 10701
(2010) Charge for service by sheriffs does not constitute a tax on counties for a county purpose as prohibited by Article X, Section 10(a). Ehlmann v. Nixon, 323 S.W.3d 787 (Mo.).
Structure Missouri Revised Statutes
Title VI - County, Township and Political Subdivision Government
Section 57.030 - Reelected, new bond.
Section 57.040 - Failure to give bond, effect.
Section 57.050 - Approval of bond.
Section 57.060 - Bond valid until disapproved.
Section 57.070 - Certificate, bond and oath to be recorded.
Section 57.080 - Vacancy in office, how filled — private person may execute process, when.
Section 57.090 - To attend courts — when.
Section 57.100 - Duties generally — concealed carry permits, duties.
Section 57.101 - Ordinances, city, town and villages, enforcement, requirements.
Section 57.102 - To report on jail and prisoners (second class counties).
Section 57.104 - Sheriff, all noncharter counties, employment of attorney.
Section 57.109 - May contract for services on federal water resources lands, limitation.
Section 57.110 - Duties as conservators of the peace — return of recognizance.
Section 57.113 - Duty to patrol certain highways (certain first and certain second class counties).
Section 57.115 - Sheriff may patrol roads and highways (third and fourth class counties).
Section 57.119 - Deputy sheriffs, temporary appointment.
Section 57.140 - Moneys collected on executions, to whom paid.
Section 57.150 - At expiration of term, to turn over funds to successor.
Section 57.160 - Failure to turn over — guilty of misdemeanor and subject to civil action on bond.
Section 57.170 - Summary proceedings against sureties.
Section 57.180 - Settlements of courts with sheriffs and marshals.
Section 57.190 - Penalty if sheriff or marshal fails to settle.
Section 57.220 - Appointment of deputies, provisions of law to apply (second class counties).
Section 57.230 - Salaries of deputies from county treasury.
Section 57.240 - Employment of other persons.
Section 57.260 - Duties — penalty for neglect (Marion County).
Section 57.270 - Powers of deputies.
Section 57.275 - Dismissal of deputies, procedure.
Section 57.278 - Deputy sheriff salary supplementation fund created, use of moneys.
Section 57.280 - Sheriff to receive charge, civil cases — service of process, fee.
Section 57.290 - Charges in criminal cases.
Section 57.295 - Uniform allowance, county may pay.
Section 57.320 - County may supply automobiles to sheriff and deputies (first class counties).
Section 57.349 - Sheriffs' motor vehicles, county commission to provide (second class counties).
Section 57.350 - Mileage expenses allowed (second class counties).
Section 57.355 - Additional duty, investigation of jurors (second class counties).
Section 57.360 - Additional travel expense (second class counties).
Section 57.403 - Compensation for reporting to highway patrol (third and fourth class counties).
Section 57.410 - Sheriff to collect fees for county (third and fourth class counties).
Section 57.440 - Travel expense to be paid monthly.
Section 57.445 - Living quarters (second, third and fourth class counties).
Section 57.450 - Laws applicable — enforcement of general criminal laws, when.
Section 57.452 - St. Louis City, sheriffs exempt from certification requirements.
Section 57.460 - Bond, by whom approved.
Section 57.475 - To investigate certain deputies for circuit court.
Section 57.490 - To make itemized statement of fees.
Section 57.500 - Bondsmen liable, when.
Section 57.510 - Office and supplies furnished.
Section 57.520 - Expense paid out of city treasury.
Section 57.530 - May appoint deputies and fix compensation, limits.
Section 57.540 - Attorney — compensation.
Section 57.550 - Salary for sheriff and deputies.
Section 57.570 - Highway patrol authorized — rules.
Section 57.580 - Patrol to police highways and protect county employees.
Section 57.600 - Salaries and expenses paid from county aid road fund.
Section 57.955 - Sources of fund — remittances — disbursements.
Section 57.961 - Membership in system — certain cities and counties may join, how.
Section 57.964 - Retirement with normal annuity.
Section 57.968 - Annual increase in benefits — how calculated.
Section 57.970 - Years of service, calculation.
Section 57.973 - Credit for prior service.
Section 57.976 - Retirement, procedure — annuity begins, when.
Section 57.980 - Death benefits.
Section 57.991 - Effect of benefits on eligibility for benefits in other systems.
Section 57.994 - First payment of benefits under system available, when — vesting of rights.
Section 57.997 - Former sheriff may be employed as special advisor and purchase annuity.