Michigan Laws 600.2559.amended – Fees for service of process; fee for process with incorrect address; mileage; fee for advertising; liability; charging fee in excess of law; tax costs; “order for the seizure of property” defined
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Terms Used In Michigan Laws 600.2559.amended
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
- in writing: shall be construed to include printing, engraving, and lithographing; except that if the written signature of a person is required by law, the signature shall be the proper handwriting of the person or, if the person is unable to write, the person's proper mark, which may be, unless otherwise expressly prohibited by law, a clear and classifiable fingerprint of the person made with ink or another substance. See Michigan Laws 8.3q
- judgment: as used in this act , includes decree. See Michigan Laws 600.112
- Lien: A claim against real or personal property in satisfaction of a debt.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Service of process: The service of writs or summonses to the appropriate party.
- Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
(1) Except as provided in subsection (7) or (9), 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 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 before sale of the seized property by full payment of the judgment or settlement between the parties, 7% of the first $8,000.00 of the payment or settlement amount and 3% of the payment or settlement amount exceeding the first $8,000.00.
(j) For sale of property seized under an order for the seizure of property, 7% of the first $8,000.00 in receipts and 3% of any receipts 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) 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) A person shall not charge or collect a fee for serving process issued in an action brought under the extreme risk protection order act, or for serving any order issued in the action.
(10) As used in this section, “order for the seizure of property” includes 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.