ARIZONA STATE SENATE
Phoenix, Arizona
fees; sheriffs;
constables; process servers
Alters amounts and limitations relating to fees chargeable for serving civil action papers.
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.
1. Increases by 60 percent the 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.
Amendments
Adopted by Committee of the Whole
Reduces increase in fee levels from 100 percent to 60 percent.
CM 2/13/01 DP 10-0-0-0-0 GOV 3/26/01 DP 3-2-1-0
3rd Read 3/07/01 50-9-1-0 3rd Read 4/10/01 20-9-1-0
Prepared by Senate Staff
March 21, 2001