2017 Louisiana Laws
Revised Statutes
TITLE 13 - Courts and Judicial Procedure
RS 13:5807.5 - Fees and costs

§5807.5. Fees and costs

            Notwithstanding the provisions of R.S. 13:5807, the marshal of the City Court of Ruston and the marshal of the city of Houma shall be entitled to the following fees of office and no more in civil matters:

            (1) For making service or attempted service and return of citation with or without petition on each defendant, fifteen dollars.

            (2) For making service or attempted service and return of supplemental or amended petition with or without accompanying citation, fifteen dollars.

            (3) For making service or attempted service and return of interrogatories and notice of cross interrogatories, fifteen dollars.

            (4) For making service or attempted service and return of garnishment under writ of fieri facias, thirty dollars.

            (5) For making service or attempted service and return of writ of attachment on each witness, fifteen dollars.

            (6) For executing writ of sequestration, provisional seizures, or distringas and for service of each notice to defendant and return in connection with execution of any of the writs, fifteen dollars for each.

            (7) For taking bond authorized by law, fifteen dollars.

            (8) For making service or attempted service and return of notice of judgment, fifteen dollars.

            (9) For making service or attempted service and return of citation and petition for appeal and order, fifteen dollars.

            (10) For return on writ of fieri facias, fifteen dollars.

            (11) For making service or attempted service and return of citations requiring personal service, fifteen dollars, to wit: rule nisi, subpoena, subpoena duces tecum, judgment debtor.

            (12) For keeping property when a keeper or guardian is required, the marshal or constable shall be allowed the actual amount paid the keeper appointed by him, but not to exceed sixty dollars for each eight hours of keeping; and in all cases in which property under seizure is of a nature requiring the constant attention of the marshal or constable, he may appoint one or more additional keepers for which allowance shall be made on the basis set forth in this Paragraph.

            (13) For collecting money pursuant to an execution of an order of seizure and sale or a writ, without either seizure or sale, six percent, with a minimum of fifteen dollars for each execution or order of seizure and sale.

            (14) For collecting money for execution of a writ, without either seizure or sale, six percent, with a minimum of fifteen dollars on each execution or order of writ.

            (15) For any services rendered or duties performed by the marshals or constables not otherwise specially provided for in this Section, they shall be entitled to a fee or commission to be determined by agreement with the parties in interest or fixed by the court by rule tried in a summary manner in term time or vacation.

            (16) For traveling each mile necessary in going to make and returning from service of any process of court, a mileage allowance based upon the mileage rate established by the division of administration for the use of state-owned vehicles and all actual expenses incurred in the service of the process, but mileage shall not be charged for a greater distance than that of the residence or domicile of the party on whom service is made, and if service is made upon different parties in the same case by the same office of the same day or official tour, only one mileage shall be charged. This Paragraph shall not be construed to prevent the officer from charging mileage as provided for in this Paragraph in each separate suit.

            (17) For service and making return of any rule, order of court, or notice on any party to a suit or other proceeding, or after judgment rendered, where return of service is made by the marshal or constable, including service or notice of release of seizure, and other than those herein otherwise provided for, fifteen dollars for each service; for service of a judgment debtor rule, a fee of fifteen dollars.

            (18) For service of subpoena on each witness and making return thereof, fifteen dollars.

            (19) For service of attachment on a witness or for service on any person for contempt of court to be brought into court and for return thereon, fifteen dollars.

            (20) For service of citation and petition of appeal for each party on whom service is directed to be made and for making return thereof, fifteen dollars.

            (21) For making seizure under writ of fieri facias, making and serving notice of seizure on one party, and making a copy for recordation in the mortgage records when necessary or required and for returns thereon, for all, fifteen dollars on each fee. For service of each notice of seizure and return thereon in connection with execution of writ of fieri facias, fifteen dollars on each fee.

            (22) For executing writ of arrest and making return thereon, fifteen dollars.

            (23) For serving writ of injunction, certiorari, mandamus, prohibition, or notice of demand and making return thereon, in each case fifteen dollars.

            (24) For executing writ of habeas corpus and making return thereon, to be charged in civil cases only, fifteen dollars.

            (25) For serving notice of seizure and sale on one party and making a copy for recordation in the mortgage records, when necessary or required, and for making return for all, fifteen dollars on each fee. For service of each additional notice of seizure and return, fifteen dollars on each fee.

            (26) For advertising sale under writ of fieri facias, seizure and sale, or other order of court, the rates established by the newspaper.

            (27) For preparing advertisement for newspapers, for each one hundred words or part thereof, fifteen dollars.

            (28) For each deed of conveyance of immovable property, thirty-five dollars, in addition to the cost of registering the deed in the conveyance office and of recording it in the office of the clerk of the district court.

            (29) For each proces verbal of the sale of movable or immovable property, twenty dollars.

            (30)(a) For executing writ of possession and writ of ejectment, fifteen dollars.

            (b)(i) For service of each notice to vacate on defendant or occupants, fifteen dollars.

            (ii) If the defendant or occupants do not vacate the premises named in the writ upon service of notice to vacate and the marshal or constable is required to do anything further to obtain possession, he shall be entitled to an additional fee of fifteen dollars.

            (c) Nothing herein shall be construed to bar the marshals or constables from charging and collecting for cost of labor and other costs and expenses actually paid or incurred by them in order to obtain possession of the premises described in the writ.

            (31)(a) In the following cases where the marshals or constables have in their possession for execution a writ of fieri facias, a writ of seizure and sale, or any conservatory or other writ, under which property is or may be seized, the marshals or constables shall be entitled to receive a fee or commission as in the case of a sale:

            (i) When there has been an adjudication which is not completed as a result of instructions given by the plaintiff in writ, or for any other reason.

            (ii) When the plaintiff in writ receives cash or other consideration, or both, pursuant to judgment rendered in suit in which the writ issued, without the necessity of judicial sale.

            (iii) When the suit in which the writ issued is discontinued by the plaintiff in writ.

            (iv) When, at the request of the plaintiff in writ, the writ is recalled or dissolved or its further execution discontinued.

            (v) When the parties in interest make an amicable settlement or compromise, or enter into any other agreement, under the terms of which the writ is recalled or dissolved or its further execution discontinued.

            (b) The fee or commission provided for in this Paragraph shall be due and payable under the circumstances above set forth even though there has only been a constructive seizure or where property seized under any of the writs hereinabove enumerated has been released on bond.

            (c) In a case where there has been an amicable settlement by compromise or otherwise but no judgment rendered, the fee or commission shall be due and payable in solido by all parties to the compromise agreement or settlement who may be proceeded against by the marshals or constables by rule to be tried in a summary manner in term time or in vacation.

            (d) In the event a defendant in seizure files for bankruptcy before a marshal's sale and a stay order is issued canceling the sale, the plaintiff in the suit shall be liable for all costs, other than commissions, incurred while the property was under seizure.

            Acts 2004, No. 488, §1; Redesignated from R.S. 33:1704.5 pursuant to Acts 2011, No. 248, §3; Acts 2015, No. 206, §1.

 

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