PROCESS SERVER FEE INCREASES S.B. 1043 (S-2):
FLOOR SUMMARY
Senate Bill 1043 (Substitute S-2 as reported)
CONTENT
The bill would amend the Revised Judicature Act to do the following:
-- Increase process server fees by $2, and require the fees to be increased by $1 on October 1 in 2013, 2014, and 2015.
-- Allow a process server to receive 7% of the first $8,000, rather than the first $5,000, of a payment or settlement amount or the receipts of a sale, in the case of property seized under an order.
-- Establish a $10 fee for each verification by a process server and each postal change of address verification requested by a plaintiff.
-- Allow a fee for service of process to exceed the prescribed fee, if agreed to in advance by the process server and the person requesting service.
-- Prohibit a person entitled to tax costs from recovering a fee for service of process that exceeded the prescribed fee.
MCL 600.2559 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have a limited indeterminate impact on State and local government. Process server fees are paid by litigants, with the fees going to those who serve papers or process. In cases in which a State or local government is a litigant, there would be minor costs due to the increased fees. County sheriffs sometimes provide process service and would see a minor increase in revenue from the fees.
Date Completed: 9-21-12 Fiscal Analyst: Steve Angelotti
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.