PROCESS SERVER FEE INCREASES                                                         S.B. 1043 (S-2):

                                                                                                      FLOOR SUMMARY

 

 

 

 

 

 

 

 

 

 

Senate Bill 1043 (Substitute S-2 as reported)

Sponsor:  Senator Mike Nofs

Committee:  Judiciary

 

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.