Maryland § 7-402
Full text of Maryland Maryland Code § 7-402, with citation guidance and answers to common questions.
§ 7-402.
(a) Except as provided in subsections (b), (e), (f), and (g) of this section, a sheriff shall collect the following fees:
(1) $5 for service of summary ejectment papers.
(2) $60 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) $60 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.
(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 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.
(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.
(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.
(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.
(f) (1) In addition to the fees specified in subsection (a) of this section and except as provided in subsections (b) and (e) of this section, the Baltimore City Sheriff shall collect a surcharge that may not be more than:
(i) $60 for service of a writ of execution; and
(ii) $40 for service of a paper originating from a foreign court.
(2) The revenue generated from the surcharge on filing fees for the sheriff services under paragraph (1) of this subsection shall fund the enhancement of sheriff benefits and the increase in sheriff personnel to enhance the service of domestic violence orders.
(g) A sheriff shall collect $40 for service of a paper for:
(1) A breach of lease;
(2) A tenant holdover;
(3) A warrant of restitution;
(4) A wrongful entry and detainer; or
(5) An order of levy in distress.
Frequently Asked Questions About Maryland § 7-402
What does Maryland Code § 7-402 cover?
Section 7-402 is part of the Maryland Code, the codified statutory law of Maryland. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Maryland § 7-402?
A common citation format is "Maryland Code § 7-402" (Maryland). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Maryland law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Maryland official source linked on this page or consult a licensed Maryland attorney.
How does Maryland § 7-402 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Maryland can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Maryland.