Chapter 3.70
SHERIFF’S FEES
Sections:
3.70.050 Recovery of fees as court costs.
3.70.010 Designated.
The sheriff, or his or her agent, representative, deputy or employee, shall collect the following minimum fees for official services he or she renders, subject to the indexing methodology listed in JCC 3.70.030 and as adopted by resolution pursuant to Chapter 3.80 JCC:
(1) For service of each summons and complaint, notice and complaint, summons and petition, and notice of small claim on one defendant at any location;
(2) For making a return of service;
(3) For levying each writ of attachment or writ of execution upon real or personal property;
(4) For filing copy of writ of attachment, order of sale or writ of execution with the auditor, the actual cost of the auditor’s filing fee;
(5) For processing and serving writ of possession or restitution when enforcement is not necessary (whether due to cancellation or due to compliance by the occupants), including the cost of preparing and serving or posting all notices generated by the sheriff’s office;
(6) For processing and serving writ of possession or restitution with enforcement, including the cost of preparing and posting or serving all notices generated by the sheriff’s office;
(7) For serving an arrest warrant in any action or proceeding;
(8) For executing any other writ or process in a civil action or proceeding;
(9) For making a deed to lands sold upon execution or order of sale or other decree of the court, to be paid by the purchaser;
(10) For making copies of papers when sufficient copies are not furnished to the sheriff, or when additional copies of notices are needed in the course of enforcing a civil court order to ensure all parties receive service;
(11) For service of any other document and supporting papers for which no other fee is provided herein;
(12) For posting a notice of sale or postponement;
(13) For certificate or bill of sale of property, or certificate of redemption;
(14) For conducting a sale of property;
(15) For preparing notice of levy, notice of sale, or notice to publisher, or any other notice for which no other fee is provided herein;
(16) For preparing affidavit of posting or affidavit of mailing;
(17) For fingerprinting for noncriminal purposes;
(18) For the reproduction of audio, visual, or photographic material, to include magnetic microfilming;
(19) For cancellations of service of process, other than writs or court orders directed to the sheriff;
(20) For cancellations, prior to levy, of writs of attachment, writs of execution, or orders of sale, whether on real or personal property;
(21) For cancellations, after levy, of writs of attachment, writs of execution, or orders of sale, whether on real or personal property;
(22) For cancellations on services of all other writs and court orders directed to the sheriff (except writs of restitution or writs of possession); and
(23) For civil standby services scheduled through the civil office. [Ord. 7-23 § 3; Ord. 10-18 § 1; Ord. 9-15 § 2]
3.70.020 Mileage rate.
In addition to the fees listed in JCC 3.70.010, the sheriff, or his or her agent, representative, deputy or employee, shall be entitled to collect with respect to rendering the services listed above for each mile actually and necessarily traveled in going to or returning from any place of service, or attempted service, the current rate per mile set by
the U.S. Internal Revenue Service but in no event shall the amount collected for miles traveled be less than $10.00. [Ord. 9-15 § 3]
3.70.030 Adjustment.
(1) Beginning with the year 2020, the fees established hereby shall be adjusted biannually (every two years) accordingly on the first business day of January (adjustment date) by the amount of the percentage increase in the Consumer Price Index (CPIW). The CPIW is the Consumer Price Index – U.S. City Average for All Urban Wage Earners and Clerical Workers, as published by the Bureau of Labor Statistics of the United States Department of Labor.
(2) Adjustments to the sheriff’s fees shall be calculated as follows: the percentage increase in the sheriff’s fees shall be equal to the percentage increase in the CPIW between the September of three calendar years before the adjustment date and the September of the calendar year immediately prior to the adjustment date.
(3) All fee increases shall be rounded up to the next $1.00 increment, unless such rounding up shall constitute an increase of more than 10 percent, in which case the fee will not be adjusted, but may be noted for review during the next biannual adjustment, at which time it may be increased to the next $1.00 increment at the sole discretion of the sheriff or his/her designee. [Ord. 10-18 § 2; Ord. 9-15 § 4]
3.70.040 Publication.
Each January the revised schedule of fees will be published and made available to the public in a manner to be decided at the sole discretion of the sheriff’s office. [Ord. 9-15 § 5]
3.70.050 Recovery of fees as court costs.
Fees for service and mileage allowed under this chapter of the code may be recovered by the prevailing party incurring the same as court costs to the extent the prevailing party complies with RCW 36.18.040(2). [Ord. 9-15 § 6]
3.70.060 Fee exemptions.
Fees described in this chapter shall be waived in the following instances:
(1) When process to be served is received from, or being served on behalf of, the Jefferson County prosecuting attorney’s office or the Jefferson County juvenile and family services office;
(2) When process to be served is a protective order signed by a judge, whether temporary or permanent, as well as any documents directly associated with the protective order (such as the underlying petition, declarations, exhibits, etc.);
(3) When a brief (approximately 15 to 20 minute) civil standby is conducted to permit a person to remove or retrieve a small number of items of personal property (for example, the packing of an overnight bag); provided, that the civil standby is related to an existing protective order, and/or is pursuant to a court order, and/or is necessary to ensure public safety. This exemption does not apply to the civil standby if any of the following are true: the civil standby will involve the removal or retrieval of large amounts of items; or the civil standby reasonably appears to be of a nature that would require more than 15 to 20 minutes to complete; or the civil standby is not related to a protective order or pursuant to a court order, and is not immediately necessary for public safety. [Ord. 10-18 § 3]