Code Section Group

Government Code - GOV

TITLE 3. GOVERNMENT OF COUNTIES [23000 - 33205]

  ( Title 3 added by Stats. 1947, Ch. 424. )

DIVISION 2. OFFICERS [24000 - 28085]

  ( Division 2 added by Stats. 1947, Ch. 424. )

PART 3. OTHER OFFICERS [26500 - 27773]

  ( Part 3 added by Stats. 1947, Ch. 424. )

CHAPTER 2. Sheriff [26600 - 26778]

  ( Chapter 2 added by Stats. 1947, Ch. 424. )

ARTICLE 7. Fees [26720 - 26751]
  ( Article 7 added by Stats. 1947, Ch. 424. )

26720.
  

For services performed by them sheriffs shall charge and collect the fees fixed in this article.

(Added by Stats. 1947, Ch. 424.)

26720.5.
  

Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Section 68511.3.

This section is declaratory of existing law, and the enumeration in this section of fees to be waived shall not be construed to limit the power of the court to waive fees in other instances, as permitted or required under rules adopted by the Judicial Council pursuant to Section 68511.3.

(Added by Stats. 1980, Ch. 1372.)

26720.9.
  

Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be forty dollars ($40).

(Amended by Stats. 2014, Ch. 470, Sec. 4. (AB 2256) Effective January 1, 2015.)

26721.
  

Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is authorized.

However, no fee shall be charged for serving an emergency protective order, protective order, or restraining order issued pursuant to Division 10 of the Family Code (the Domestic Violence Prevention Act) on a respondent who is in custody.

In any case where property has been levied upon and, pursuant to the levy, a copy of the writ of execution and a notice of levy are required by statute to be served either personally or by mail upon the judgment debtor or other person, no fee shall be charged for that service.

(Amended by Stats. 2000, Ch. 629, Sec. 2. Effective January 1, 2001.)

26721.1.
  

In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The fee is not refundable.

(Amended by Stats. 2000, Ch. 629, Sec. 3. Effective January 1, 2001.)

26721.2.
  

(a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is forty dollars ($40).

(b) The fee for cancellation of the service of a summons prior to its completion is forty dollars ($40).

(c) The fee for making a not-found return on a summons certifying that the person cannot be found at the address specified is forty dollars ($40).

(Amended by Stats. 2014, Ch. 470, Sec. 5. (AB 2256) Effective January 1, 2015.)

26722.
  

The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred dollars ($100).

(Amended by Stats. 2014, Ch. 470, Sec. 6. (AB 2256) Effective January 1, 2015.)

26723.
  

The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred thirty-five dollars ($135).

(Amended by Stats. 2014, Ch. 470, Sec. 7. (AB 2256) Effective January 1, 2015.)

26725.
  

The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract, and the fee for serving a record owner other than the defendant shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 5. Effective January 1, 2001.)

26725.1.
  

The fee for serving or posting any additionally required notices or orders on other parcels is twenty dollars ($20) each.

(Amended by Stats. 2014, Ch. 470, Sec. 8. (AB 2256) Effective January 1, 2015.)

26726.
  

(a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred forty dollars ($140) when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required during these periods, the fee for the additional keeper or keepers shall be the same as fixed, but, in no event shall any one keeper receive more than three hundred dollars ($300) during any 24-hour period when so employed.

(b) In addition to the fees provided by Section 26721, the fee for maintaining custody of property under levy by the use of a keeper is forty dollars ($40) for each day custody is maintained after the first day.

(c) Notwithstanding any other fee charged, a keeper shall receive sixty dollars ($60) when, pursuant to Section 26738, a levying officer prepares a not-found return.

(Amended by Stats. 2014, Ch. 470, Sec. 9. (AB 2256) Effective January 1, 2015.)

26727.
  

The fee for a copy of any writ, process, paper, order, or notice actually made by him or her when required or demanded is one dollar ($1) per page, except that when correct copies are furnished to him or her for use no charge shall be made for those copies.

(Amended by Stats. 2014, Ch. 470, Sec. 10. (AB 2256) Effective January 1, 2015.)

26728.
  

The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 7. Effective January 1, 2001.)

26728.1.
  

The fee for preparing and posting additionally required notices of personal property sales is fifteen dollars ($15) each.

(Amended by Stats. 2014, Ch. 470, Sec. 11. (AB 2256) Effective January 1, 2015.)

26729.
  

The fee for furnishing a notice for publication is fifteen dollars ($15).

(Amended by Stats. 2014, Ch. 470, Sec. 12. (AB 2256) Effective January 1, 2015.)

26730.
  

The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is ninety dollars ($90).

(Amended by Stats. 2014, Ch. 470, Sec. 13. (AB 2256) Effective January 1, 2015.)

26731.
  

(a) Eighteen dollars ($18) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(b) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

(Amended by Stats. 2014, Ch. 470, Sec. 14. (AB 2256) Effective January 1, 2015.)

26732.
  

The fee for publication of a notice in a newspaper is the reasonable cost of the publication.

(Amended by Stats. 1951, Ch. 1114.)

26733.5.
  

The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is eighty-five dollars ($85). The additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is sixty dollars ($60). The fee for reposting a notice to vacate shall be pursuant to Section 26721.

(Amended by Stats. 2014, Ch. 470, Sec. 15. (AB 2256) Effective January 1, 2015.)

26734.
  

The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 10. Effective January 1, 2001.)

26736.
  

The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is forty dollars ($40). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempting to serve or execute the process or notice.

(Amended by Stats. 2014, Ch. 470, Sec. 16. (AB 2256) Effective January 1, 2015.)

26738.
  

The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is thirty-five dollars ($35).

(Amended by Stats. 2014, Ch. 470, Sec. 17. (AB 2256) Effective January 1, 2015.)

26740.
  

The fee for the execution and delivery of a deed or certificate of redemption is fifteen dollars ($15).

(Amended by Stats. 2014, Ch. 470, Sec. 18. (AB 2256) Effective January 1, 2015.)

26741.
  

The fee for executing and delivering a certificate or deed of sale is fifteen dollars ($15).

(Amended by Stats. 2014, Ch. 470, Sec. 19. (AB 2256) Effective January 1, 2015.)

26742.
  

The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 13. Effective January 1, 2001.)

26743.
  

The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section 26720.9.

(Amended by Stats. 2000, Ch. 629, Sec. 14. Effective January 1, 2001.)

26744.
  

The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is fifty dollars ($50).

(Amended by Stats. 2006, Ch. 277, Sec. 4. Effective January 1, 2007.)

26744.5.
  

(a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows:

(1) Forty dollars ($40) to receive and process the warrant, which shall include the issuance and mailing of a notice advising the person to be arrested of the issuance of the warrant and demanding that the person appear in court.

(2) Forty dollars ($40) to cancel the service of the warrant.

(3) Eighty-five dollars ($85) if unable to find the person at the address specified using due diligence.

(4) One hundred dollars ($100) to arrest the person, which shall include the arrest and release of the person on a promise to appear pursuant to Section 1993.2 of the Code of Civil Procedure.

(b) The in forma pauperis fee waiver provisions under Rules 3.50 to 3.58, inclusive, of the California Rules of Court shall apply to the collection of fees under this section.

(Amended by Stats. 2014, Ch. 470, Sec. 20. (AB 2256) Effective January 1, 2015.)

26745.
  

The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).

(Added by Stats. 1947, Ch. 424.)

26746.
  

(a) In addition to any other fees required by law, a processing fee of twelve dollars ($12) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.

(b) The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.

(c) A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.

(Amended by Stats. 2014, Ch. 470, Sec. 21. (AB 2256) Effective January 1, 2015.)

26746.1.
  

(a) A twenty-dollar ($20) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code.

(b) All proceeds of the fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(c) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

(Amended by Stats. 2014, Ch. 470, Sec. 22. (AB 2256) Effective January 1, 2015.)

26747.
  

For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.

(Added by Stats. 1947, Ch. 424.)

26748.
  

In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, writ, order, paper, or notice, and actual postal charges paid for mailing by registered mail or certified mail any notice or demand required or authorized by law to be sent by registered mail or certified mail.

(Amended by Stats. 1975, Ch. 368.)

26749.
  

The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancing actual traveling expenses to any person committed to a state institution who is permitted to report to an institution without escort, which expenses shall be allowed as provided by Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 of the Penal Code for cases subject to that chapter, and, otherwise, by the Department of General Services and paid by the state.

(Amended by Stats. 2016, Ch. 31, Sec. 153. (SB 836) Effective June 27, 2016.)

26750.
  

(a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performing all other duties of the levying officer under that law with respect to the levy shall be thirty-five dollars ($35).

(b) Except as provided in Section 26746, the levying officer shall not charge additional fees, costs, or expenses for performing the duties under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).

(Amended by Stats. 2014, Ch. 470, Sec. 23. (AB 2256) Effective January 1, 2015.)

26751.
  

After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the sheriff a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Section 28 of the Vehicle Code before the vehicle may be redeemed by the debtor. Except as provided herein, any person in possession of the vehicle shall not release it to the debtor without first obtaining proof of payment of the fee to the sheriff. At the request of the debtor, a person in possession of the vehicle, or the legal owner, may also release the vehicle to the debtor provided the debtor pays the fifteen dollar ($15) fee, plus an administrative fee not to exceed five dollars ($5), to the person in possession or the legal owner, who shall transmit the fifteen dollar ($15) fee to the sheriff within three business days. The failure to transmit the fee within three business days shall subject the person in possession or legal owner receiving the fee from the debtor to a fine of fifty dollars ($50). The proof of payment, or a copy thereof, shall be retained by the party releasing possession to the debtor for the period required by law, and the party releasing possession shall provide a copy of the proof of payment to the debtor upon request of the debtor.

(Amended (as added by Stats. 1993, Ch. 1269) by Stats. 1994, Ch. 1114, Sec. 7. Effective January 1, 1995.)

GOVGovernment Code - GOV7