Tennessee § 8-21-901 - Sheriffs and constables — Specific fees authorized.

§ 8-21-901. Sheriffs and constables — Specific fees authorized.

Notwithstanding any other law to the contrary, the sheriff or constable is entitled to demand and receive the respective fees for the following services where services are actually rendered: Service of Process. For serving any process except as otherwise provided in this section or other applicable law, whether issued by a clerk for a general sessions, criminal, circuit, chancery or any other court, the sheriff or constable shall be entitled to the following fees, based on the manner in which process is served, for each item of process that must be served separately per person served: For service in person $40.00 For service by mail 10.00 For service by acceptance or consent or any other authorized method 10.00 For summoning jurors in any proceeding 5.00 For serving or delivering any other process or notice not related to a judicial proceeding and issued by an entity other than a court 10.00 For returning any service of process where the sheriff or constable attempts service but is unsuccessful, the sheriff or constable shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state. Collection of money; returning, transporting, storing or establishing possession of property. For a levy of an execution on property or levy of an attachment or other process to seize property for the purpose of securing satisfaction of a judgment yet to be rendered or for executing a writ of replevin or writ of possession $40.00 For collecting money to satisfy a judgment, whether by execution, fieri facias, garnishment or other process, in civil cases each time collection is attempted 20.00 For purposes of the payment of fees for garnishments as provided in this subdivision (a)(2)(B), all garnishments shall be deemed to be original garnishments and the sheriff or other person authorized by law to serve garnishments shall be entitled to the fee provided for in this subdivision (a)(2)(B) for each such garnishment served. Whenever the sheriff or constable provides for the storage or maintenance of property including, but not limited to, vehicles, livestock and farm and construction equipment, that has been levied on by execution, attachment or other process, the sheriff or constable is entitled to demand and receive a reasonable per day fee for such services. The sheriff or constable is also entitled to demand and receive reimbursement for costs of transportation of such personal property to a suitable location for storage and maintenance when such action is necessary to secure such property. Any such fees for transportation, maintenance and/or storage shall be approved by the court issuing the execution, attachment or other process. Arrest and transportation of prisoners, bail bond. For executing every capias, criminal warrant, summons or other leading process, making arrests in criminal cases and carrying to jail, prison or other place of incarceration and guarding defendant arrested by warrant involving taking custody of a defendant $40.00 For citation in lieu of arrest or criminal warrant not involving physical custody of a defendant 25.00 For every bail bond to be paid as cost at the time there is a disposition of the case $10.00 If a sheriff or constable is required to act as a guard to escort prisoners, such sheriff shall be entitled to a per mile fee equal to the mileage allowance granted federal employees. Such fee shall be separate for each prisoner and computed on the distance actually traveled with the prisoner and shall be for no more than two (2) guards. Such fee shall only apply when the sheriff or constable is required to transport a prisoner from county to county or from state to state. Similarly, the sheriff shall be entitled to the same mileage allowance when required to transport a prisoner to a hospital or other mental health facility in another county or state for a judicially ordered evaluation. When two (2) or more criminal warrants are executed at the same time against the same individual, there shall be but one (1) arrest fee allowed when the fee is chargeable to the county and/or the state. Security Services. For attending on grand jury, or waiting in court per day $75.00 Notwithstanding subdivision (a)(4)(A)(i), in any county having a population of not less than eighty-eight thousand eight hundred (88,800) nor more than eighty-eight thousand nine hundred (88,900), according to the 2000 federal census or any subsequent federal census, the sheriff, constable, bailiff or other court officer, as applicable, shall be entitled to receive one hundred dollars ($100) per day for attending on grand jury or waiting in court. Such daily per diem allowance shall be a minimum daily per diem and may be increased no more than once annually by resolution of the county legislative body of any county to which this subdivision (a)(4)(A)(ii) applies. For waiting with a sequestered jury per day $100 Data processing services. For data processing services $2.00 The revenue from the two-dollar data processing fee levied by subdivision (a)(5)(A), shall be allocated by the sheriff's county for computerization, information systems and electronic records management costs of the sheriff's office. Such funds shall remain earmarked within the general fund and shall be reserved for the purposes authorized in this subdivision (a)(5)(B) at the end of each fiscal year. Notwithstanding other provisions of this section to the contrary, any fee or mileage allowance permitted under this section, which is assessed against the state or which otherwise represents a cost to the state, shall be limited in amount to the fees allowable immediately prior to May 28, 1977. The court in its discretion may award recovery of fees for process served by any private process server as part of any judgment rendered in a case but such fees awarded against a party shall not exceed the like fees as authorized by this section for services provided by sheriffs or constables. Acts 1927, ch. 11, § 1; mod. Code 1932, § 10707; Acts 1945, ch. 178, § 1; 1949, ch. 41, § 1; C. Supp. 1950, § 10707; Acts 1951, ch. 156, § 1; 1953, ch. 178, §§ 1, 2; 1967, ch. 167, § 1; 1970, ch. 547, § 1; 1971, ch. 182, § 1; 1972, ch. 501, § 1; 1974, ch. 635, § 1; 1975, ch. 325, § 1; 1976, ch. 807, § 1; 1977, ch. 385, §§ 1, 2; 1977, ch. 430, §§ 1, 2; 1978, ch. 528, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; impl. am. Acts 1979, ch. 68, §§ 2, 3; T.C.A. (orig. ed.), § 8-2133; Acts 1980, ch. 891, § 1; 1981, ch. 138, § 1; 1983, ch. 277, § 1; 1985, ch. 152, § 1; 1988, ch. 490, § 1; 1988, ch. 814, § 1; 1989, ch. 8, § 1; 1991, ch. 275, §§ 1-6; 1993, ch. 29, §§ 1, 2; 1995, ch. 301, § 1; 1998, ch. 769, § 1; 2002, ch. 794, § 1; 2010, ch. 1130, § 1; 2012, ch. 1032, §§ 1, 2; 2013, ch. 388, § 3; 2016, ch. 580, § 1; 2016, ch. 582, § 1. Compiler's Notes. Acts 1993, ch. 29, § 3 provided that the state share of the cost pursuant to Tenn. Const., art. II, § 24 for any increased expenditure required by a county by the provisions of Acts 1993, ch. 29 shall be provided from the unallocated tax revenue of state-shared taxes enumerated in § 9-6-301 (transferred to § 9-4-5301 in 1999). For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement. For the preamble to the act regarding the allowance in the daily per diem to court officers serving courts of record in certain counties, please refer to Acts 2010, ch. 1130. Amendments. The 2016 amendment by ch. 580 substituted “40.00” for “26.00” in (a)(1)(A)(i). The 2016 amendment by ch. 582 substituted "shall be entitled to the same fees specified in subdivision (a)(1)(A); provided, that service is attempted in accordance with the laws of the state." for "shall only be entitled to: ..................... 9.00." at the end of (a)(1)(D). Effective Dates. Acts 2016, ch. 580, § 2. July 1, 2016. Acts 2016, ch. 582, § 2. March 10, 2016. Cross-References. Additional guards for removal of prisoner to another county, § 41-4-126 . Fees of public officers, § 7-81-108 . Liability of state or county for transporting prisoners, § 40-25-129 . Loss of fees for failure to use diligence in serving criminal process, § 40-25-109 . Loss of fees when prisoner escapes, § 40-25-110 . Mileage allowance for extradition, §§ 40-9-126 , 40-9-127 . Process from other counties, payment of fees in advance, § 8-8-202 . Suit to enforce tax lien, fee for process, § 67-5-2410 . Transportation of prisoner, §§ 40-25-110 — 40-25-112 . Attorney General Opinions. T.C.A. § 8-21-901(a)(2) establishes the fees to which a sheriff is entitled for executing particular types of processes on money and property. A sheriff may charge the $40 fee provided for a levy of execution on property when the sheriff serves a levy of execution on funds held in a bank account. OAG 17-47, 2017 Tenn. AG LEXIS 47 (10/31/2017). T.C.A. § 8-21-901(a)(2) establishes the fees to which a sheriff is entitled for executing particular types of processes on money and property. A sheriff may charge the $40 fee provided for a levy of execution on property when the sheriff serves a levy of execution on funds held in a bank account. OAG 17-48, 2017 Tenn. AG LEXIS 48 (10/31/2017). Constable fees for citation issuance, OAG 99-025, 1999 Tenn. AG LEXIS 26 (2/16/99). A sheriff or other officer who serves a first wage garnishment is authorized to collect a flat fee for summoning a garnishee, as prescribed by T.C.A. § 8-21-901(a)(17) and (b)(17) (prior to 2002 amendment), and a fee for collecting money on execution that is based on the amount collected, as prescribed by T.C.A. § 8-21-901(a)(25) and (b)(25) (prior to 2002 amendment); further, the incremental wage payments must be considered in calculating the latter fee, OAG 01-145, 2001 Tenn. AG LEXIS 152 (9/11/01). If a constable delivers a garnishment in aid of execution to a bank garnishee, and the bank remits money to the clerk of the court, as opposed to the officer, the constable is entitled to demand and receive a fee of $ 20.00, OAG 02-113, 2002 Tenn. AG LEXIS 117 (10/10/02). In order to receive the fee for attempting to serve criminal process, the officer must satisfy the conditions in T.C.A. § 40-25-109 ; an affidavit attached to the unserved process would not be sufficient to satisfy the statutory requirement, OAG 04-088, 2004 Tenn. AG LEXIS 84 (5/06/04). When costs on a garnishment are to be paid. OAG 10-100, 2010 Tenn. AG LEXIS 102 (9/27/10). Collecting sheriff's fee for bail bond. OAG 12-38, 2012 Tenn. AG LEXIS 38 (3/19/12). A sheriff may only collect a single $ 5 fee for each bail bond issued, regardless of the number of charged offenses covered by the bond, pursuant to T.C.A. § 8-21-901(a)(3)(C) .OAG 12-38, 2012 Tenn. AG LEXIS 38 (3/19/12). Sheriffs and constables are entitled to be paid the fees specified in T.C.A. § 8-21-901 for services actually rendered. Court clerks do not have discretion or authority to decrease or increase the statutorily set fees; they may not pay less—nor may they pay more—than the fee set by statute for a specified service. OAG 17-13, 2017 Tenn. AG LEXIS 13 (2/24/2017).