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28-110. Sheriff fees for service, execution and return of process; procedure; payment; exemptions. (a) Except as otherwise provided in this section:

(1) On and after July 1, 2012 through June 30, 2013, the sheriff of each Kansas county shall charge a fee of $10 for serving, executing and returning any process.

(2) On and after July 1, 2013, the sheriff of each Kansas county shall charge a fee of $15 for serving, executing and returning any process.

(b) Subject to subsection (e), the fee described in subsection (a) shall be charged for serving, executing and returning process, as well as for any unsuccessful attempts to serve, execute or return process.

(c) If more than one process for the same person in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.

(d) If more than one process for different persons at the same address in the same case is issued and is in the hands of a sheriff at one time, the sheriff shall charge a single fee for serving, executing and returning the processes.

(e) Where return is not made or timely return is not made pursuant to K.S.A. 60-312 or 61-3005, and amendments thereto, no fee shall be charged for subsequent processes that may be required to effect service and the timely return of the failed service. However, if service is attempted and return is made showing no service because the person to be served cannot be served at that address or there is no such address, the fee in subsection (a) shall be charged for an alias summons at the same address.

(f) Except as provided by K.S.A. 19-269, and amendments thereto, a sheriff shall be reimbursed for the necessary transportation and board expenses incurred while serving under requisition made by the governor.

(g) All fees charged by a sheriff pursuant to this section for the same case may be paid in one combined payment, in a form designated by the sheriff, such as a check or money order.

(h) The state of Kansas and all municipalities in this state, as defined in K.S.A. 12-105a, and amendments thereto, are hereby exempt, in any civil action in which such state or municipality is involved, from paying service of process fees prescribed by this section.

(i) As used in this section, "process" means any summons, pleading, writ, order or notice issued by a court clerk or court.

History: L. 1913, ch. 197, § 12; R.S. 1923, 28-110; L. 1937, ch. 229, § 1; L. 1943, ch. 162, § 17; L. 1949, ch. 260, § 3; L. 1965, ch. 256, § 1; L. 1983, ch. 128, § 1; L. 1990, ch. 132, § 1; L. 2004, ch. 118, § 4; L. 2005, ch. 125, § 1; L. 2006, ch. 195, § 13; L. 2012, ch. 151, § 1; July 1.

Source or prior law:

L. 1861, ch. 28, § 51; L. 1862, ch. 99, § 3; G.S. 1868, ch. 36, § 72; G.S. 1868, ch. 39, § 3; L. 1875, ch. 97, § 1; L. 1881, ch. 107, § 1; L. 1897, ch. 131, § 9; L. 1899, ch. 141, § 1; L. 1903, ch. 304, § 1; L. 1905, ch. 227, § 1.

Cross References to Related Sections:

Maximum mileage payable, see 75-3203.

Collection of taxes, see 79-2106.

Attorney General's Opinions:

Sheriff's authority to charge additional fees for in-state service of process. 86-63.

Service of process; summons; certified mail by sheriff; postage fees. 91-10.

Service of process by certified mail; costs. 92-83, 92-83a.

Allowable fees for a private process server. 92-88.

Fees charged by sheriffs for service of process pursuant to K.S.A. 44-714. 95-81.

CASE ANNOTATIONS

1. Sheriff is entitled to fees for attending probate court; when. Norton v. Simons, 85 Kan. 822, 118 P. 1071.

2. Arrest in Colorado; sheriff allowed mileage in Kansas only. The State v. Martin, 89 Kan. 678, 679, 131 P. 1190.

3. Commission on sale governed by L. 1909, ch. 182, § 501. Richey v. Ferguson, 93 Kan. 152, 153, 143 P. 497.

4. Section held inoperative during period emergency fees and salaries act was in effect. Foster v. Harper County Comm'rs, 143 Kan. 361, 362, 55 P.2d 349.

5. Sheriff entitled to jail attendance fee although deputy acts as jailer. Day v. Cowley County Comm'rs, 146 Kan. 492, 495, 71 P.2d 871.

6. Provision for boarding and lodging prisoners controls over similar provision in K.S.A. 28-106. Day v. Cowley County Comm'rs, 146 Kan. 492, 493, 494, 495, 71 P.2d 871.


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