Oregon Statutes 21.300 – Sheriff and process server fees
(1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:
Terms Used In Oregon Statutes 21.300
- 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.
- Deed: The legal instrument used to transfer title in real property from one person to another.
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- 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.
- 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.
(a) $45 for serving a summons, a subpoena, a citation, an order, a notice, including notice of seizure and sale of personal or real property, a notice of restitution and notice of seizure under writ of attachment or execution or a similar document, including small claims or writ of execution, directed to not more than two parties at the same address. If service is requested for more than two parties at the same address, the fee is $25 for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is a person who has been appointed counsel at state expense.
(b) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $80, and, in addition, such sums as may be reasonable and necessary for the costs of standing by in anticipation of securing custody of the property, the expense of securing each keeper or custodian of property, the expense of inventory of property and the expense incurred in advertising required by law in the sale of the property.
(c) For making a sheriff’s deed, certificate of redemption or conveyance of real property sold on any process, $50, to be paid by, or for, the grantee.
(d) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other document not actually made by the sheriff.
(2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.
(3) The county may retain fees collected for service by the sheriff if the party to be served cannot be found.
(4) A sheriff may not collect mileage or commission for service of any document or process but in any service involving travel in excess of 75 miles round trip a sheriff may bill and collect an additional fee not to exceed $45. Mileage shall be measured from the location at which the service is made to the circuit court in that county.
(5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS § 20.115.
(6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS § 107.095 (1)(c).
(7) As used in this section:
(a) ‘Folio’ means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.
(b) ‘Foreign restraining order’ means a restraining order that is a foreign judgment as defined by ORS § 24.105. [Formerly 21.410; 2017 c.390 § 1]
[Amended by 1955 c.458 § 3; 1965 c.619 § 14; 1971 c.621 § 5; 1973 c.506 § 1; 1975 c.607 § 5; 1979 c.833 § 6; 1981 s.s. c.3 § 74; 1985 c.496 § 5; 1995 c.664 § 72; 1997 c.801 § 28; 2003 c.737 26,27; 2005 c.702 29,30,31; 2007 c.129 § 16; repealed by 2011 c.595 § 20]
[1959 c.452 § 2; 1967 c.111 § 4; repealed by 1969 c.591 § 305]
[Formerly 21.360; repealed by 1965 c.619 § 39]
[Amended by 1963 c.519 § 17; 1965 c.619 § 15; 1967 c.534 § 10; 1971 c.621 § 6; 1975 c.607 § 6; 1979 c.833 § 7; 1981 s.s. c.3 75,76; 1985 c.496 § 7; 1997 c.801 § 29; renumbered 21.114 in 1997]
[Formerly 21.060; 1999 c.649 § 43; 2001 c.596 § 42; 2003 c.737 29,30a,30c; 2005 c.702 33,34,35; 2007 c.860 § 10; repealed by 2011 c.595 § 69]
[Amended by 1961 c.563 § 2; 1963 c.519 § 18; repealed by 1965 c.619 § 39]
[Formerly 21.070; repealed by 2011 c.595 § 114]
[Amended by 1963 c.519 § 19; repealed by 1965 c.619 § 39]
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