North Carolina HB 1397: Increase Service of Process Fee.

Bill Text

GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H 2
HOUSE BILL 1397
Committee Substitute Favorable 5/31/01

Short Title: Increase Service of Process Fee. (Public)
Sponsors:
Referred to:
April 26, 2001

A BILL TO BE ENTITLED 1
AN ACT TO INCREASE THE FEE FOR SERVICE OF PROCESS IN CIVIL CASES 2
AND TO EARMARK THE INCREASE TO ENSURE TIMELY SERVICE OF 3
PROCESS. 4
The General Assembly of North Carolina enacts: 5
SECTION 1. G.S. 7A-311(a) reads as rewritten: 6
"(a) In a civil action or special proceeding, the following fees and commissions 7
shall be assessed, collected, and remitted to the county: 8
(1) a. For each item of civil process served, including summons, 9
subpoenas, notices, motions, orders, writs and pleadings, the 10
sum of five dollars ($5.00). ten dollars ($10.00). When two or 11
more items of civil process are served simultaneously on one 12
party, only one five dollar ($5.00) ten-dollar ($10.00) fee shall 13
be charged. 14
b. When an item of civil process is served on two or more persons 15
or organizations, a separate service charge shall be made for 16
each person or organization. If the process is served, or 17
attempted to be served, by a city policeman, the fee shall be 18
remitted to the city rather than the county. If the process is 19
served, or attempted to be served by the sheriff, the fee shall be 20
remitted to the county. This subsection shall not apply to 21
service of summons to jurors. 22
c. At least fifty percent (50%) of the fees collected pursuant to this 23
subdivision shall be used by the county or city to provide 24
additional law enforcement personnel, if needed, to ensure the 25
timely service of process within the county or city. 26
(2) For the seizure of personal property and its care after seizure, all 27
necessary expenses, in addition to any fees for service of process. 28

GENERAL ASSEMBLY OF NORTH CAROLINA SESSION 2001
Page 2 HOUSE BILL 1397 - Second Edition
(3) For all sales by the sheriff of property, either real or personal, or for 1
funds collected by the sheriff under any judgment, five percent (5%) 2
on the first five hundred dollars ($500.00), and two and one-half 3
percent (2 1/2%) on all sums over five hundred dollars ($500.00), plus 4
necessary expenses of sale. Whenever an execution is issued to the 5
sheriff, and subsequently while the execution is in force and 6
outstanding, and after the sheriff has served or attempted to serve such 7
execution, the judgment, or any part thereof, is paid directly or 8
indirectly to the judgment creditor, the fee herein is payable to the 9
sheriff on the amount so paid. The judgment creditor shall be 10
responsible for collecting and paying all execution fees on amounts 11
paid directly to the judgment creditor. 12
(4) For execution of a judgment of ejectment, all necessary expenses, in 13
addition to any fees for service of process. 14
(5) For necessary transportation of individuals to or from State institutions 15
or another state, the same mileage and subsistence allowances as are 16
provided for State employees." 17
SECTION 2. This act becomes effective October 1, 2001, and applies to 18
fees assessed or paid on or after that date. 19