September 29, 2015, Introduced by Reps. Poleski and Chirkun and referred to the Committee on Judiciary.
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),
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
$25.00 plus mileage.
(b) For personal service of an affidavit and account, for each
defendant,
$23.00 $25.00 plus mileage.
(c) For a request for and writ of garnishment, for each
garnishee
and defendant, $20.00 $22.00
plus mileage.
(d) For personal service of an order to seize goods that are
the
subject of a claim and delivery action, $37.00 $39.00 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.$19.00.
(f)
For an order to show cause, for each person served, $23.00
$25.00 plus mileage.
(g) For a subpoena on discovery, for each person served,
$23.00
$25.00 plus mileage.
(h) For levying under or serving an order for the seizure of
property
and any accompanying paper, $37.00 $39.00 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 $25.00 plus mileage.
(l) For an order of eviction or a writ for the restitution of
premises,
for each defendant, $37.00 $39.00
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 $25.00 plus mileage.
(n)
For a civil bench warrant or body execution, $37.00 $39.00
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 $12.00
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, $10.00.
(s) For each photo verification requested by the plaintiff,
$10.00.
(2)
Each of the fees prescribed in subsection (1)(a) to (o)
shall
increase (h) and (k) to (s)
increases by $1.00 on October 1,
2013,
$1.00 on October 1, 2014, and $1.00
on October 1, 2015.
(3) Upon 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 $15.00 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).
(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.
(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.
(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.
(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.
(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.
(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), 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.
(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.