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Fees

MD Code, Courts and Judicial Proceedings Article

§ 7-402. Fees collected by sheriff

Service of Process

(a) Except as provided in subsections (b), (e), and (f) of this section, a sheriff shall collect the following fees:

(1) $5 for service of summary ejectment papers.

(2) $40 for service of a paper not including an execution or attachment.

(3) $40 for service including an execution or attachment by taking into custody a person or seizing real or personal property.

(4) $40 for service of process papers arising out of administrative agency proceedings where the party requesting the service is a nongovernmental entity.

(5) For the sale following the execution or attachment of personal property: Three percent of the first $5,000; two percent of the second $5,000; and one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $15 and a maximum of $500 under the provisions of this paragraph.

(6) For the sale following the execution or attachment of real property: One and one-half percent of the first $5,000; one percent of the second $5,000; and one-half of one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $1.50 and a maximum of $250 under the provisions of this paragraph.

(7) $60 for service of a paper originating from a foreign court.

Service including execution or attachment by taking person into custody or seizing property

(b) (1) For service including an execution or attachment by taking into custody a person or seizing real or personal property, a sheriff may collect the amount specified in a cooperative agreement with the Child Support Enforcement Administration under § 10-111 of the Family Law Article.

(2) As part of the costs awarded to a party under § 12-103 of the Family Law Article, a court may not award an amount greater than the amount specified in subsection (a) of this section for the cost of service including an execution or attachment by taking into custody a person or seizing real or personal property.

Reimbursement for conserving or protecting seized property

(c) (1) If the sheriff incurs expenses for the purpose of conserving or protecting the seized property, the sheriff shall be reimbursed for the expense.

(2) If the Sheriff of Washington County incurs expenses for seizing property, the Sheriff shall be reimbursed by the judgment debtor for reasonable expenses.

Fees refunded if service incomplete

(d) (1) Except as provided in paragraph (2) of this subsection, if the sheriff is unable to serve a paper, 50% of the fee shall be refunded to the party requesting the service.

(2) If the sheriff is unable to serve summary ejectment papers, the full fee shall be refunded to the party requesting the service.

Services not subject to fees

(e) A sheriff may not collect a fee for the service of:

(1) A paper from a housing authority created under Division II of the Housing and Community Development Article; or

(2) A summons for a law enforcement officer to appear as a witness in a criminal case.

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 515, Acts 1985, c. 65; Acts 1988, c. 380; Acts 1991, c. 666; Acts 1992, c. 247; Acts 1999, c. 392, § 1, eff. July 1, 1999; Acts 2007, c. 431, § 1, eff. Oct. 1, 2007; Acts 2013, c. 325, § 1, eff. July 1, 2013.

 

 

 

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