Louisiana HB 315: COURTS/COURT COSTS:  Increases the fees for city marshals and constables for certain services (EN INCREASE LF RV See Note)

Bill Text

ENROLLED
ACT No. 457
2018 Regular Session
HOUSE BILL NO. 315
BY REPRESENTATIVE CARPENTER AND SENATOR BARROW
1 AN ACT
2 To amend and reenact R.S. 13:5807 and to repeal R.S. 13:5807.2, relative to fees and costs;
3 to provide relative to city marshal and constable services; to increase fees and costs;
4 to provide for the use of such fees and costs; to provide relative to effectiveness; and
5 to provide for related matters.
6 Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:5807 is hereby amended and reenacted to read as follows:
8 §5807. Fees and costs
9 A. Constables and marshals, except in Orleans Parish and as provided by
10 R.S. 13:5807.1, 5807.3, 5807.4, and 5807.5, shall be entitled to the following fees
11 of office, and no more, in civil matters:
12 (1) For making service or attempted service and return of citation with or
13 without petition on each defendant, ten thirty dollars.
14 (2) For making service or attempted service and return of supplemental or
15 amended petition with or without accompanying citation, ten thirty dollars.
16 (3) For making service or attempted service of interrogatories and notice of
17 cross interrogatories, ten thirty dollars.
18 (4) For making service or attempted service and return of garnishment under
19 writ of fieri facias, twenty-eight dollars and fifty cents thirty dollars.
20 (5) For making service or attempted service and return of writ of attachment
21 on each witness, nine dollars and fifty cents thirty dollars.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HB NO. 315 ENROLLED
1 (6) For executing writ of sequestration, provisional seizures, or distringas,
2 in each case, twelve dollars and fifty cents thirty dollars. For service of each notice
3 to defendant and return thereon in connection with execution of any of the writs
4 covered by this Paragraph, ten thirty dollars.
5 (7) For taking bond authorized by law, thirteen dollars and fifty cents.
6 (8) For making service or attempted service and return of notice of judgment,
7 ten thirty dollars.
8 (9) For making service or attempted service and return of citation and
9 petition of appeal and order, ten thirty dollars.
10 (10) For return of fieri facias, ten thirty dollars.
11 (11) For making service or attempted service and return of citations requiring
12 personal service, eleven dollars and fifty cents thirty dollars, to wit: specifically rule
13 nisi, subpoena, subpoena duces tecum, judgment debtor.
14 (12) For keeping property when a keeper or guardian is required, the marshal
15 or constable shall be allowed the actual amount paid the keeper appointed by him,
16 but not to exceed sixty dollars for each eight hours of keeping; and in all cases in
17 which property under seizure is of a nature requiring the constant attention of the
18 marshal or constable, he may appoint one or more additional keepers for which
19 allowance shall be made on the basis set forth above.
20 (13) For collecting money for execution of order of seizure and sale, six
21 percent, with a minimum of twelve dollars and fifty cents on each execution of order
22 of seizure and sale.
23 (14) For collecting money for execution of a writ, without either seizure or
24 sale, six percent, with a minimum of twelve dollars and fifty cents on each execution
25 or order of writ.
26 (15) For any services rendered or duties performed by the marshals or
27 constables not otherwise herein specially provided for, they shall be entitled to a fee
28 or commission to be determined by agreement with the parties in interest or fixed by
29 the court by rule tried in a summary manner in term time or in vacation.
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CODING: Words in struck through type are deletions from existing law; words underscored
are additions.

HB NO. 315 ENROLLED
1 (16) For service and making return of any rule, order of court, or notice on
2 any party to a suit or other proceeding, or after judgment rendered, where return of
3 service is made by the constable or marshal, including service or notice of release of
4 seizure, and other than those herein otherwise provided for, ten dollars and fifty cents
5 thirty dollars for each service; for service of a judgment debtor rule, a fee of eleven
6 dollars and fifty cents thirty dollars.
7 (17) For service of subpoena on each witness and making return thereof, ten
8 thirty dollars.
9 (18) For service of attachment on a witness or for service on any person for
10 contempt of court to be brought into court and for return thereon, eleven dollars and
11 fifty cents thirty dollars.
12 (19) For service of citation and petition of appeal for each party on whom
13 service is directed to be made and for making return thereof, ten thirty dollars.
14 (20) For making seizure under writ of fieri facias, making and serving notice
15 of seizure on one party, and making a copy for recordation in the mortgage records
16 when necessary or required and for retu