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ARIZONA STATE SENATE

Phoenix, Arizona

 

FACT SHEET FOR H.B. 2489

 

fees; sheriffs; constables; process servers

 

Purpose

 

Alters amounts and limitations relating to fees chargeable for serving civil action papers.

 

Background

 

Statute authorizes county sheriffs, constables and private process servers to perform a variety of services in civil actions.   Private process servers can charge any fee negotiated with their clients; fees charged by a sheriff or constable are statutorily established.  The last two increases in these amounts occurred in 1988 and in 1984.  Fee monies collected by county sheriffs and constables are deposited in the county general fund.

 

Presently, a court cannot make an award to a party to a civil action for private process server costs that exceeds the amount that a sheriff or constable is authorized to charge.  This legislation removes this limitation.

 

H.B.  2489 has no direct fiscal impact to the state general fund.

 

Provisions

 

1.      Doubles monetary amount of existing fees chargeable in civil actions by county sheriffs and constables.

 

2.      Repeals limitation on courts in civil actions from awarding private process server costs that are greater than the fees authorized in statute for sheriffs and constables.

 

3.      Makes technical changes.

 

4.      Provides for a general effective date.

 

House Action

 

CM                  2/13/01            DP       10-0-0-0-0

3rd Read           3/07/01                        50-9-1-0

 

 

Prepared by Senate Staff

March 21, 2001