488.435. Sheriff to receive charges for civil cases.

MISSOURI STATUTES AND CODES

488.435. Sheriff to receive charges for civil cases.

Sheriff to receive charges for civil cases.

488.435. 1. Sheriffs shall receive a charge, as provided in section57.280, RSMo, for service of any summons, writ or other order of court, inconnection with any civil case, and making on the same either a returnindicating service, a non est return or a nulla bona return, the sum of twentydollars for each item to be served, as provided in section 57.280, RSMo,except that a sheriff shall receive a charge for service of any subpoena, andmaking a return on the same, the sum of ten dollars, as provided in section57.280, RSMo; however, no such charge shall be collected in any proceedingwhen court costs are to be paid by the state, county or municipality. Inaddition to such charge, the sheriff shall be entitled, as provided in section57.280, RSMo, to receive for each mile actually traveled in serving anysummons, writ, subpoena or other order of court, the rate prescribed by theInternal Revenue Service for all allowable expenses for motor vehicle useexpressed as an amount per mile, provided that such mileage shall not becharged for more than one subpoena or summons or other writ served in the samecause on the same trip. All of such charges shall be received by the sheriffwho is requested to perform the service. Except as otherwise provided by law,all charges made pursuant to section 57.280, RSMo, shall be collected by thecourt clerk as court costs and are payable prior to the time the service isrendered; provided that if the amount of such charge cannot be readilydetermined, then the sheriff shall receive a deposit based upon the likelyamount of such charge, and the balance of such charge shall be payableimmediately upon ascertainment of the proper amount of such charge. A sheriffmay refuse to perform any service in any action or proceeding, other than whencourt costs are waived as provided by law, until the charge provided by thissection is paid. Failure to receive the charge shall not affect the validityof the service.

2. The sheriff shall, as provided in section 57.280, RSMo, receive forreceiving and paying moneys on execution or other process, where lands orgoods have been levied and advertised and sold, five percent on five hundreddollars and four percent on all sums above five hundred dollars, and half ofthese sums, when the money is paid to the sheriff without a levy, or where thelands or goods levied on shall not be sold and the money is paid to thesheriff or person entitled thereto, his or her agent or attorney. The partyat whose application any writ, execution, subpoena or other process has issuedfrom the court shall pay the sheriff's costs, as provided in section 57.280,RSMo, for the removal, transportation, storage, safekeeping and support of anyproperty to be seized pursuant to legal process before such seizure. Thesheriff shall be allowed for each mile, as provided in section 57.280, RSMo,going and returning from the courthouse of the county in which he or sheresides to the place where the court is held, the rate prescribed by theInternal Revenue Service for all allowable expenses for motor vehicle useexpressed as an amount per mile. The provisions of this subsection shall notapply to garnishment proceeds.

3. As provided in subsection 4 of section 57.280, RSMo, the sheriffshall receive ten dollars for service of any summons, writ, subpoena, or otherorder of the court included under subsection 1 of section 57.280, RSMo, inaddition to the charge for such service that each sheriff receives undersubsection 1 of section 57.280, RSMo. The money received by the sheriff undersubsection 4 of section 57.280, RSMo, shall be paid into the county treasuryand the county treasurer shall make such money payable to the state treasurer. The state treasurer shall deposit such moneys in the deputy sheriff salarysupplementation fund created under section 57.278, RSMo.