Colorado § 30-1-104 - Fees of sheriff.

§ 30-1-104. Fees of sheriff.

(1) Fees collected by sheriffs shall be as follows:

(a) For serving and returning summonses or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than fifteen dollars;

(a.5) For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, in counties of every class, actual expenses, but not more than thirty-five dollars;

(b) For making a return on a summons in a criminal action not served, for each party, in counties of every class, actual expenses, but not more than five dollars;

(b.5) For making a return on a summons in other than a criminal action not served, for each party, in counties of every class, actual expenses, but not more than twenty dollars;

(c) For serving and returning each subpoena in a criminal action on each witness, in counties of every class, actual expenses, but not more than seven dollars and fifty cents;

(c.5) For serving and returning each subpoena in other than a criminal action on each witness, in counties of every class, actual expenses, but not more than sixty dollars;

(d) For making return on a subpoena in a criminal action not served, in counties of every class, five dollars;

(d.5) For making a return on a subpoena in other than a criminal action not served, in counties of every class, actual expenses, but not more than twenty dollars;

(e) For serving each juror in counties of every class, ten dollars;

(f) For serving and returning writ of attachment or replevin on each party, in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;

(g) For serving garnishee summons on each party, in counties of every class, actual expenses, but not more than twenty dollars;

(h) Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;

(h.5) For mileage:

(I) Not to exceed the mileage rate authorized for county officials and employees pursuant to section 30-11-107 (1)(t), for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in an action other than a criminal action; or

(II) A sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable, in the county. The applicable single mileage fee for a zone or zip code shall be charged for all papers served in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The single mileage fees for each zone or zip code shall be set by resolution of the board of county commissioners for the county and posted pursuant to section 30-1-108.

(i) In making demand for payment on executions when payment is not made, in counties of every class, one dollar;

(j) For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;

(k) For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred in counties of every class, mileage, as described in paragraph (h.5) of this subsection (1), and actual expenses;

(l) No custodian shall be appointed by the sheriff to take custody of goods by him or her attached, nor shall any deputy be placed in charge thereof, unless the plaintiff or his or her attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars per diem of twelve hours, or fraction thereof, which shall be taxed as costs in the case;

(m) For making and filing for record a certificate of levy on attachment or other cases, in counties of every class, actual expenses, but not more than thirty dollars;

(n) For committing and discharging convicted prisoners to and from the county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars, which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;

(o) For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, in counties of every class, actual expenses, but not more than sixty dollars; for serving same without aid in counties of every class, actual expenses, but not more than four dollars;

(p) For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve hours, or fraction thereof, in counties of every class, twelve dollars;

(q) For attending courts of record when in session, per diem of twelve hours, or fraction thereof, in counties of every class, twelve dollars; but the attendance upon the county court shall be certified by the judge of said court at the close of each month;

(r) For advertising property for sale, besides the actual cost of the advertising, in counties of every class, actual expenses, but not more than thirty dollars;

(s) For making certificates of sale previous to execution of deed, or on sales of personal property, in counties of every class, actual expenses, but not more than thirty dollars;

(t) For executing and acknowledging deed of sale of real estate, in counties of every class, actual expenses, but not more than forty dollars;

(u) For taking, approving, and returning bond in any case, in counties of every class, a reasonable fee, not to exceed ten dollars;

(v) For executing capias or warrant in criminal cases, on each prisoner named therein, in counties of every class, two dollars;

(w) For transporting insane or other prisoners, besides the actual expenses necessarily incurred, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, in counties of every class, not less than twelve cents per mile nor more than the maximum mileage allowance provided for state officers and employees under section 24-9-104, C.R.S., as determined by resolution of the board of county commissioners of each county or as provided by the charter of a home rule county; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to be paid out of the county treasury;

(x) For his or her services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, in counties of every class on all bids under three thousand dollars, twenty dollars; and on all sums bid over three thousand dollars, one percent; but such commission shall in no case exceed the sum of one hundred dollars;

(y) For money collected by sale of personal property, in counties of every class, on all sums bid under five hundred dollars, five percent; on all sums bid over five hundred dollars and under one thousand dollars, six percent; and on all sums bid over one thousand dollars, seven percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars;

(z) For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his or her hands and levy or demand for payment has been made on the proper party, in counties of every class, on all amounts under five hundred dollars, three percent; on all amounts over five hundred dollars and under one thousand dollars, two percent; and on all amounts over one thousand dollars, one and one-half percent; but the fee in no case shall exceed the sum of one hundred and fifty dollars; and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees;

(aa) For pursuing and capturing, or pursuit without capture, when previously authorized by the board of county commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of said county, in counties of every class, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars per diem of twelve hours for the time occupied in such pursuit;

(bb) For serving and returning writ of ne exeat or body attachment, in counties of every class, actual expenses, but not more than twenty dollars;

(cc) For serving copy of execution when making levy on shares of stock under execution, on each party served, in counties of every class, actual expenses, but not more than sixty dollars;

(dd) For making certificates of levy on shares, or otherwise, in counties of every class, actual expenses, but not more than thirty dollars;

(ee) For making return on execution, in counties of every class, actual expenses, but not more than sixty dollars;

(ff) For executing certificate of redemption, in counties of every class, actual expenses, but not more than thirty dollars;

(gg) For service and execution of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred in counties of every class, actual expenses not to exceed two hundred dollars; except that a sheriff may charge for actual expenses in excess of two hundred dollars if the work performed exceeds two hours in duration. A sheriff may charge a fee under this paragraph (gg) after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph (gg) shall only be charged once per location for each service or execution.

(1.5) If the cost of serving any writ of restitution or order of possession of premises may be provided at a lower cost to a county by a private provider, such county shall contract with a private provider pursuant to a competitive bidding system in which a contract to provide the service of such writs is awarded to the lowest bidder. The provisions of this subsection (1.5) shall not be deemed to authorize that services related to the execution of any writ of restitution or order of possession of premises be provided through private contracting.

(2) As used in this section, "actual expenses" means those personnel and processing costs incurred in typing, processing, filing, and serving said process papers but does not include mileage. Subject to the limitations contained in this section, the fee for each type of service shall be fixed by ordinance or resolution.

Source: L. 1891: p. 205, § 4. R.S. 08: § 2532. L. 21: p. 312, § 1. C.L. § 7882. CSA: C. 66, § 16. CRS 53: § 56-4-7. L. 55: p. 390, § 1; C.R.S. 1963: § 56-4-8. L. 69: p. 386, § 1. L. 77: (1)(a), (1)(c), (1)(f), (1)(g), (1)(j), (1)(k), (1)(m) to (1)(t), and (1)(cc) to (1)(ff) amended and (2) added, p. 1429, § 1, effective July 1. L. 78: (1)(n) and (1)(w) amended, p. 442, § 1, effective March 3. L. 84: (1)(a), (1)(b), (1)(d), (1)(e), and (1)(w) to (1)(z) amended, p. 814, § 1, effective March 16. L. 88: (1)(j) and (1)(k) amended and (1)(gg) and (1.5) added, p. 1109, §§ 1, 2, effective July 1. L. 94: (1)(u) amended, p. 1238, § 8, effective May 22. L. 96: (1) amended, p. 747, § 1, effective July 1. L. 2001: (1)(a.5), (1)(b.5), (1)(c.5), (1)(d.5), (1)(e), (1)(f), (1)(g), (1)(h.5), (1)(j), (1)(k), (1)(m), (1)(o), (1)(r), (1)(s), (1)(t), (1)(bb), (1)(cc), (1)(dd), (1)(ee), (1)(ff), and (1)(gg) amended, p. 436, § 1, effective July 1. L. 2004: (1)(n) amended, p. 631, § 1, effective July 1. L. 2005: (1)(f), (1)(j), (1)(k), and (1)(gg) amended, p. 263, § 2, effective August 8. L. 2010: (1)(b.5), (1)(d.5), and (1)(h.5) amended, (HB 10-1057), ch. 118, p. 396, § 1, effective August 11.

ANNOTATION

Law reviews. For article, "Obtaining Costs for Clients — Part 1", see 14 Colo. Law. 1974 (1985).

The provisions of this section are mandatory. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

The compensation given a sheriff by this section for serving a special venire for jurors in a court of record is for the service, whether performed by him or by deputy. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

The mileage fee prescribed for the sheriff in this section for serving any process is intended solely as a part of the compensation for such services, all of which is to be applied to the payment of his salary. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

And the evident intent of the general assembly was to create by the fee act a mileage fee, all of which belongs to the officer as part of his compensation for services actually rendered, and no part of which should be applied to the officer's necessary traveling expenses. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

Because by the salary act another mileage fee was provided for, separate and distinct from that in the fee act, out of which the officer was to be repaid his actual traveling expenses, and no more. Sargent v. Bd. of Comm'rs, 21 Colo. 158, 40 P. 366 (1895).

And under this section an officer who serves a number of writs in the same case upon a single journey is entitled to receive but one mileage fee. Bd. of County Comm'rs v. Love, 15 Colo. 430, 25 P. 557 (1890).

Under this section the sheriff conveying several prisoners to the penitentiary or other place of detention is entitled to but one mileage for the service of the mittimus, no matter what may be the number of his prisoners. Bd. of County Comm'rs v. Campbell, 52 Colo. 440, 123 P. 317 (1912).

This section inhibits the appointment of a custodian without request in writing of the plaintiff or his attorney in an attachment suit, and there is no reason apparent why the rule under the statute of frauds, that a subsequent written admission of a previous parol agreement generally takes the case out of the statute, should not be applied to this section regarding appointment of custodians. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

But it was held under the facts disclosed that there was a sufficient written recognition of a previous oral request for a custodian at a compensation of one dollar a day. Farmers Union Milling & Elevator Co. v. Smith, 79 Colo. 277, 245 P. 346 (1926).

The mileage fee set in subsection (1)(w) does not place a cap on transportation fees that may be charged to a defendant. People v. Fogarty, 126 P.3d 238 (Colo. App. 2005).