SB-0226, As Passed House, June 12, 2018

SB-0226, As Passed Senate, February 13, 2018

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 226

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending section 2559 (MCL 600.2559), as amended by 2012 PA 558.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2559. (1) Except as provided in subsections (2) and (8),

 

subsection (7), the following is the schedule of fees allowed for

 

process or papers served out of a court in this state by a person

 

authorized under this act or supreme court rule to serve process:

 

     (a) For personal service of a summons and complaint in a civil

 

action, along with supporting documents, for each defendant, $23.00

 

$26.00 plus mileage.

 

     (b) For personal service of an affidavit and account, for each

 

defendant, $23.00 $26.00 plus mileage.

 

     (c) For a request for and writ of garnishment, for each

garnishee and defendant, $20.00 $23.00 plus mileage.

 

     (d) For personal service of an order to seize goods that are

 

the subject of a claim and delivery action, $37.00 $40.00 plus

 

mileage, plus the actual and reasonable expense of seizing,

 

keeping, and delivering the goods.

 

     (e) For receiving and filing a bond from or on behalf of a

 

defendant in a claim and delivery action, $17.00.$20.00.

 

     (f) For an order to show cause, for each person served, $23.00

 

$26.00 plus mileage.

 

     (g) For a subpoena on discovery, for each person served,

 

$23.00 $26.00 plus mileage.

 

     (h) For levying under or serving an order for the seizure of

 

property and any accompanying paper, $37.00 $40.00 plus mileage,

 

plus the actual and reasonable expense of seizing and keeping the

 

property under the order.

 

     (i) If the person has seized property under an order for the

 

seizure of property issued in an action in which a judgment is

 

entered against the owner of the property, regardless of whether

 

the judgment is entered before or after the order is issued, and if

 

the judgment is satisfied prior to before sale of the seized

 

property by full payment of the judgment or settlement between the

 

parties, 7% of the first $8,000.00 of the payment or settlement

 

amount and 3% of the payment or settlement amount exceeding the

 

first $8,000.00.

 

     (j) For sale of property seized under an order for the seizure

 

of property, 7% of the first $8,000.00 in receipts and 3% of any

 

receipts exceeding the first $8,000.00.

     (k) For each notice of sale under an order for the seizure of

 

property or construction lien posted in a public place in the city

 

or township, $23.00 $26.00 plus mileage.

 

     (l) For an order of eviction or a writ for the restitution of

 

premises, for each defendant, $37.00 $40.00 plus mileage, plus the

 

actual and reasonable expense for the physical removal of property

 

from the premises.

 

     (m) For a subpoena directed to a witness, including a judgment

 

debtor, $23.00 $26.00 plus mileage.

 

     (n) For a civil bench warrant or body execution, $37.00 $40.00

 

plus mileage, plus a reasonable fee per hour for the amount of time

 

involved in executing the warrant.

 

     (o) For service by mail, $10.00 $13.00 plus the actual cost of

 

postage.

 

     (p) For each verification by a process server, $10.00 plus

 

mileage.

 

     (q) For each postal change of address verification requested

 

by the plaintiff, $10.00.

 

     (r) For each global positioning service verification requested

 

by the plaintiff, $5.00.

 

     (s) For each photo verification requested by the plaintiff,

 

$5.00.

 

     (2) Each of the fees prescribed in subsection (1)(a) to (o)

 

shall increase by $1.00 on October 1, 2013, $1.00 on October 1,

 

2014, and $1.00 on October 1, 2015.

 

     (2) (3) Upon On submitting a sworn affidavit, a person

 

authorized by this act or supreme court rule to serve process or

papers out of a court in this state is entitled to receive a $10.00

 

fee plus mileage for each process that has an incorrect address.

 

This fee is in addition to any fee the person is entitled to

 

receive under subsection (1).

 

     (3) (4) Mileage is allowed under subsection (1) shall be at 1-

 

1/2 times the rate allowed by the state civil service commission

 

for employees in the state classified civil service. Mileage shall

 

be is computed, each way, using the shortest reasonable route from

 

the place where the court that issued or filed the process or paper

 

is located to the place of service.

 

     (4) (5) The fees and expenses allowed under subsection (1)(h)

 

to (k) shall must be collected in the same manner as the sum

 

directed to be levied or collected under the order for the seizure

 

of property. If at the time of advertising property for sale a

 

sheriff or other officer has several orders for the seizure of

 

property against the same defendant, the sheriff or officer shall

 

charge only 1 advertising fee shall be charged on the whole, and

 

the sheriff or other officer shall elect upon on which order he or

 

she will receive that the fee.

 

     (5) (6) A person authorized by this act or supreme court rule

 

to serve process or papers out of a court in this state who demands

 

and receives a greater fee or compensation for performing a service

 

mentioned in this section than allowed by this section is, in

 

addition to all other liability provided by law, liable to the

 

party injured by paying the illegal fees for 3 times the amount of

 

illegal fees actually paid and all costs of the action.

 

     (6) (7) A sheriff or other officer who, after the fees

specified by this section have been tendered, neglects or refuses a

 

service required by law is liable to the party injured for all

 

damages that the party sustains as a result of that the neglect or

 

refusal.

 

     (7) (8) A person authorized under this act or supreme court

 

rule to serve process may charge a fee for service of process that

 

exceeds the fee prescribed under this section or other law if the

 

fee is agreed to in advance in writing by the person serving

 

process and the person requesting the service.

 

     (8) (9) Regardless of whether a fee charged or paid for

 

service of process exceeds the fee prescribed by this section or

 

other law, including a fee allowed under subsection (8), (7), a

 

person entitled to tax costs shall not attempt to tax and is not

 

entitled to recover a fee for service of process that exceeds the

 

fee prescribed by this section or other law.

 

     (9) (10) As used in this section, "order for the seizure of

 

property" includes a writ of attachment and a writ of execution,

 

including, but not limited to, execution in a claim and delivery

 

action on property other than the property that is the subject of

 

the claim and delivery action.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.