August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and Public Safety.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
by amending sections 2559, 6002, and 6012 (MCL 600.2559, 600.6002,
and 600.6012), section 2559 as amended by 2018 PA 261.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2559. (1) Except as provided in subsection (7), the
following is the schedule of fees allowed for process or papers
served out of a court in this state by a person authorized under
this act or supreme court rule to serve process:
(a) For personal service of a summons and complaint in a civil
action, along with supporting documents, for each defendant, $26.00
plus mileage.
(b) For personal service of an affidavit and account, for each
defendant, $26.00 plus mileage.
(c) For a request for and writ of garnishment, for each
garnishee and defendant, $23.00 plus mileage.
(d) For personal service of an order to seize goods that are
the subject of a claim and delivery action, $40.00 plus mileage,
plus the actual and reasonable expense of seizing, keeping, and
delivering the goods.
(e) For receiving and filing a bond from or on behalf of a
defendant in a claim and delivery action, $20.00.
(f) For an order to show cause, for each person served, $26.00
plus mileage.
(g) For a subpoena on discovery, for each person served,
$26.00 plus mileage.
(h) For levying under or serving an order for the seizure of
property and any accompanying paper, $40.00 plus mileage, plus the
actual and reasonable expense of seizing and keeping the property
under the order.
(i) If the person has seized property, physically or
constructively, under an order for the seizure of property issued
in an action in which a judgment is entered against the owner of
the property, regardless of whether the judgment is entered before
or after the order is issued, and if the judgment is satisfied in
whole
or in part before sale of the seized
property by full payment
of
the judgment payments to the
person or settlement between the
parties,
7% of the first $8,000.00 of the payment payments or
settlement
amount and 3% of the payment payments
or settlement
amount exceeding the first $8,000.00.
(j)
For sale of money seized
or received or for property
seized and sold under an order for the seizure of property, 7% of
the
first $8,000.00 in receipts of
the amount received and 3% of
any
receipts amount received exceeding the first $8,000.00.
(k) For each notice of sale under an order for the seizure of
property or construction lien posted in a public place in the city
or township, $26.00 plus mileage.
(l) For an order of eviction or a writ for the restitution of
premises, for each defendant, $40.00 plus mileage, plus the actual
and reasonable expense for the physical removal of property from
the premises.
(m) For a subpoena directed to a witness, including a judgment
debtor, $26.00 plus mileage.
(n) For a civil bench warrant or body execution, $40.00 plus
mileage, plus a reasonable fee per hour for the amount of time
involved in executing the warrant.
(o) For service by mail, $13.00 plus the actual cost of
postage.
(p) For each verification by a process server, $10.00 plus
mileage.
(q) For each postal change of address verification requested
by the plaintiff, $10.00.
(r) For each global positioning service verification requested
by the plaintiff, $5.00.
(s) For each photo verification requested by the plaintiff,
$5.00.
(2) On submitting a sworn affidavit, a person authorized by
this act or supreme court rule to serve process or papers out of a
court in this state is entitled to receive a $10.00 fee plus
mileage for each process that has an incorrect address. This fee is
in addition to any fee the person is entitled to receive under
subsection (1).
(3) Mileage is allowed under subsection (1) for each
defendant, garnishee, and person served at 1-1/2 times the rate
allowed by the state civil service commission for employees in the
state classified civil service. Mileage is computed, each way,
using the shortest reasonable route from the place where the court
that issued or filed the process or paper is located to the place
of service.
(4) The fees and expenses allowed under subsection (1)(h) to
(k) must be collected in the same manner as the sum directed to be
levied or collected under the order for the seizure of property. If
at the time of advertising property for sale a sheriff or other
officer has several orders for the seizure of property against the
same defendant, the sheriff or officer shall charge only 1
advertising fee on the whole, and shall elect on which order he or
she will receive the fee.
(5) A person authorized by this act or supreme court rule to
serve process or papers out of a court in this state who demands
and receives a greater fee or compensation for performing a service
mentioned in this section than allowed by this section is, in
addition to all other liability provided by law, liable to the
party injured by paying the illegal fees for 3 times the amount of
illegal fees actually paid and all costs of the action.
(6) A sheriff or other officer who, after the fees specified
by this section have been tendered, neglects or refuses a service
required by law is liable to the party injured for all damages that
the party sustains as a result of the neglect or refusal.
(7) A person authorized under this act or supreme court rule
to serve process may charge a fee for service of process that
exceeds the fee prescribed under this section or other law if the
fee is agreed to in advance in writing by the person serving
process and the person requesting the service.
(8) Regardless of whether a fee charged or paid for service of
process exceeds the fee prescribed by this section or other law,
including a fee allowed under subsection (7), a person entitled to
tax costs shall not attempt to tax and is not entitled to recover a
fee for service of process that exceeds the fee prescribed by this
section or other law.
(9) As used in this section, "order for the seizure of
property" includes an order to seize property, a writ of
attachment, and a writ of execution, including, but not limited to,
execution in a claim and delivery action on property other than the
property that is the subject of the claim and delivery action.
Sec.
6002. (1) Upon On receipt of any an execution, the
sheriff
or other officer receiving who receives the execution shall
indorse
thereon on the execution the year, month, day, and hour of
receipt, and
that time shall be is the effective
date of the
execution.
(2)
Executions shall An
execution must be made returnable not
less
than 20 , nor and
not more than 90, 180 days
from that
date.after the effective date of the execution.
(3)
When If an officer has begun to serve an execution issued
out
of any court , on or
before the return day of the execution, he
the officer may complete service and return after the return date.
(4) An officer who serves an execution may physically or
constructively seize property subject to execution. To effect a
constructive seizure, the officer shall prominently post or attach
to the property a notice stating that the property has been seized
under an execution, the date the seizure commenced, and the name,
address, and phone number of the officer. The officer may, but is
not required to, immobilize or disable property that is
constructively seized.
(5) (4)
When If an officer has begun to serve an execution and
dies , or becomes incapable of completing service and
return, any
other officer who might by law have originally served the execution
,
may complete it. the service. If the first officer fails to make
a
certificate, the second officer shall do so, including the doings
actions
of both officers therein. in the certificate. If the first
officer makes a certificate, the second officer shall make a
certificate
as to his or her own doings actions in completing
service.
(6) (5)
If there are joint or joint and
several obligors and
jurisdiction was not acquired over all of them, the names of those
over
whom jurisdiction was not acquired shall must be indorsed on
the
an execution.
(7) If an execution is received by a person that is not an
officer, the person shall not serve the execution but shall
promptly deliver the execution to the issuing court.
(8) As used in this section:
(a) "Execution" means an order for the seizure of property, as
that term is defined in section 2559.
(b) "Officer" means a person that is either of the following:
(i) A sheriff or deputy sheriff, acting in the county the
sheriff or deputy sheriff serves or under section 582(a).
(ii) A person acting at the direction of the court that issued
the execution and that, before the execution was issued, appointed
the person a court officer in accordance with the general court
rules or by ex parte motion and order.
Sec.
6012. Whenever an If an execution issues is issued
against
the property of any a person, his the person's goods and
chattels,
and lands and tenements, levied upon on by such
the
execution,
shall be are bound from the time of such levy.effective
date of the execution.