SheriffFees
Section § 26720
Sheriffs in California are required to charge and collect specific fees for the services they provide as outlined in this section.
Section § 26720.5
This law states that if a court decides that someone can proceed without paying fees because they can't afford it (in forma pauperis status), then any fees they usually would have paid are waived or refunded, regardless of what Section 26720 says.
This ensures that people facing financial hardship are not barred from legal proceedings due to costs. The law clarifies that it is outlining current practices and does not limit the court’s ability to waive fees in other scenarios as per existing judicial rules.
Section § 26720.9
This section states that, regardless of what other laws might say, the fees listed in certain specified sections are set at fifty dollars ($50).
Section § 26721
This law specifies the fees for serving legal documents. Generally, a standard fee applies unless a different rule is mentioned in this section. Substitute service, when allowed, does not incur extra fees. Importantly, there is no charge for serving certain protective or restraining orders on someone already in custody. Additionally, if property is seized (levied), serving the necessary documents to involved parties is also free of charge.
Section § 26721.1
This law states that in an unlawful detainer case, the cost for delivering the initial legal documents to occupants who aren’t specifically named will be the same as outlined in another specific section. Once paid, this fee cannot be refunded.
Section § 26721.2
This law sets the fees related to serving legal papers in a court case. It costs $50 to serve a summons and the related documents. If you need to cancel the service before it's completed, you'll still pay $50. Also, if the person you need to serve can't be found at the given address, and a 'not-found' notice is returned, that's another $50.
Section § 26722
This law states that if a legal officer needs to immediately take control of someone's property as part of serving or processing a legal order or writ, there is a fee of $125.
Section § 26723
If you need to open a safe-deposit box because of a legal process, you'll have to pay a fee of $170. This is set by Sections 488.460 and 700.150 of the Code of Civil Procedure.
Section § 26725
This section explains that there is a specific fee for the first-time service or posting of legal documents like a writ or order related to real estate. This fee also applies when serving the actual property owner if they are not the defendant. The exact amount is mentioned in another section, 26720.9.
Section § 26725.1
In California, if there are additional notices or orders that need to be served or posted on more properties, there's a fee of $25 for each one.
Section § 26726
This law outlines the fees for hiring someone to watch over property under legal circumstances like a writ of attachment or sale. The fee is $175 for each eight-hour period that a keeper watches the property. However, a keeper cannot earn more than $350 in a single day. If more than one keeper is needed, each additional keeper also earns $175 for each eight-hour block.
After the first day, an extra fee of $50 per day is charged for continuous custody of the property. If a levying officer completes a not-found return, the keeper receives a $75 fee.
Section § 26727
If you need a copy of any official document made by the sheriff, like a writ or notice, it costs $1.25 per page. However, if you provide the sheriff with accurate copies, you won't be charged for those.
Section § 26728
This law states that if you need to prepare and post an initial notice for the sale of personal property due to a court order, such as a writ of attachment, execution, or sale, there will be a fee. This fee is determined by another specific section, Section 26720.9.
Section § 26728.1
If you need to prepare and post additional notices for personal property sales, the fee is $19 per notice.
Section § 26729
This law states that if you need to publish a notice, it will cost you $19.
Section § 26730
This law sets a fee of $110 for either conducting or postponing the sale of real or personal property when mandated by law or requested by someone involved in a lawsuit.
Section § 26731
When the sheriff's civil division or marshal collects certain fees, $22 from each fee goes into a special county fund. This fund is exclusively for the use of the sheriff’s civil division or marshal.
Ninety-five percent of the money in the fund is used to cover extra costs for things like equipment and furnishings needed for their operations. The remaining five percent is used to help with fund administration expenses.
Section § 26732
Section § 26733.5
This law sets specific fees related to serving legal documents and actions concerning evictions. It costs $105 to serve a writ of possession to someone occupying a property. If the sheriff has to physically remove occupants and let someone else take possession, there's an additional fee of $75. Any costs for posting a new notice to vacate follow a different section, specifically Section 26721.
Section § 26734
This law states that if a court officer already has someone's personal property due to an attachment in the same legal action, the fee charged for taking official control of it (levy) will be the same as the fee mentioned in another regulation, Section 26720.9.
Section § 26736
If you cancel a service or notice, like delivering a legal document, before it's completely carried out (but not including summons), you'll be charged a $50 fee. However, if you’ve already paid a different fee for trying to deliver that document under another section, you won’t need to pay this extra amount.
Section § 26738
When someone tries to serve legal papers like a subpoena or a writ and is unable to find the person or property at the given address, there is a fee of $50 for officially reporting it as 'not found.'
Section § 26740
If you need a deed or certificate of redemption processed and delivered, it costs $19.
Section § 26741
Section § 26742
This law states that the fee for preparing and delivering any legal document is determined by the amount specified in another law, found in Section 26720.9.
Section § 26743
This law states that the cost to subpoena a witness, including the subpoena document and any necessary affidavit that must accompany it, is set according to the fee specified in another section, specifically Section 26720.9.
Section § 26744
If a court issues an order for someone to appear and a bench warrant is needed to enforce that order, there is a $50 fee to serve or execute the warrant.
Section § 26744.5
This section outlines the fees associated with processing a specific type of court warrant. If you're the party requesting the warrant, you'll need to pay $50 for processing, which includes notifying the person about the warrant. If you want to cancel the service of the warrant, it costs another $50. If the authorities can't find the person despite trying hard, there's a $105 fee. Arresting the person with the promise they'll later appear in court costs $125. Also, if you can't afford these fees, there might be fee waivers available according to certain court rules.
Section § 26745
The cost to call a trial jury of up to 12 people is $2. If you need more than 12 jurors, each extra juror costs an additional 10 cents.
Section § 26746
This law outlines an additional $15 processing fee that is charged for handling money collected under specific court orders, like writs of attachment or sale, except those related to child support. This fee is added to what the person who owes the money has to pay and is put into a special county fund. The money in this fund is used for county expenses related to vehicle and equipment costs, as well as civil operations. However, the fee doesn't apply if the only transaction involves returning the deposit to the person owed the money.
Section § 26746.1
If you receive a citation that needs proof of correction, the sheriff or marshal will charge a $25 fee for certifying the correction. This fee is collected each time such inspection is needed.
The money from this fee goes into a special fund in the county treasury. This fund is specifically for the sheriff’s civil division or marshal.
Most of this money (95%) is used to help cover costs for necessary equipment and systems for the sheriff or marshal’s office, while the remaining 5% is used to manage the fund itself.
Section § 26747
This law states that when the sheriff transports prisoners to the county jail, they will charge the actual cost of that transportation.
Section § 26748
This law allows the sheriff to charge for any out-of-pocket expenses when managing property as part of their duties. This includes costs like inspecting, releasing, or handling the property and any fees for mailing notices through registered or certified mail.
Section § 26749
This law states that the sheriff can get reimbursed for travel expenses involved in transporting people to and from state hospitals, prisons, or other state institutions, as well as for deporting individuals to other states. If someone is allowed to go to a state institution on their own, their travel costs can also be covered. The expenses are processed differently depending on the case, either through a specific chapter of the Penal Code or by the Department of General Services, and ultimately paid by the state.
Section § 26750
This law section states that the fee for serving an earnings withholding order, which is part of wage garnishment procedures, is set at $45. This fee covers various costs like postage and travel related to serving the order. The law specifies that, except for circumstances outlined in another section, no other fees, costs, or expenses can be charged by the levying officer for duties under the Wage Garnishment Law.
Section § 26751
If a vehicle is repossessed, the person who owed money on it must pay a $15 fee to the sheriff before they can get the vehicle back. You can't give the vehicle back to the debtor without proof this fee is paid. The debtor might also pay an extra administrative fee up to $5. Whoever has the vehicle must send the $15 to the sheriff within three business days. If they don't, they can be fined $50. The party who gives the vehicle back needs to keep proof of the payment and provide a copy to the debtor if they ask.