Section § 26720

Explanation

Sheriffs in California are required to charge and collect specific fees for the services they provide as outlined in this section.

For services performed by them sheriffs shall charge and collect the fees fixed in this article.

Section § 26720.5

Explanation

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.

Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Section 68511.3.
This section is declaratory of existing law, and the enumeration in this section of fees to be waived shall not be construed to limit the power of the court to waive fees in other instances, as permitted or required under rules adopted by the Judicial Council pursuant to Section 68511.3.

Section § 26720.9

Explanation

This section states that, regardless of what other laws might say, the fees listed in certain specified sections are set at fifty dollars ($50).

Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).

Section § 26721

Explanation

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.

Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is authorized.
However, no fee shall be charged for serving an emergency protective order, protective order, or restraining order issued pursuant to Division 10 of the Family Code (the Domestic Violence Prevention Act) on a respondent who is in custody.
In any case where property has been levied upon and, pursuant to the levy, a copy of the writ of execution and a notice of levy are required by statute to be served either personally or by mail upon the judgment debtor or other person, no fee shall be charged for that service.

Section § 26721.1

Explanation

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.

In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of the Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The fee is not refundable.

Section § 26721.2

Explanation

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.

(a)CA Government Code § 26721.2(a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is fifty dollars ($50).
(b)CA Government Code § 26721.2(b) The fee for cancellation of the service of a summons prior to its completion is fifty dollars ($50).
(c)CA Government Code § 26721.2(c) The fee for making a not-found return on a summons certifying that the person cannot be found at the address specified is fifty dollars ($50).

Section § 26722

Explanation

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.

The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred twenty-five dollars ($125).

Section § 26723

Explanation

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.

The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170).

Section § 26725

Explanation

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.

The fee for serving, executing, or processing a writ of attachment, writ of execution, writ of sale, or order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract, and the fee for serving a record owner other than the defendant shall be the amount described in Section 26720.9.

Section § 26725.1

Explanation

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.

The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.

Section § 26726

Explanation

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.

(a)CA Government Code § 26726(a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175) when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required during these periods, the fee for the additional keeper or keepers shall be the same as fixed, but, in no event shall any one keeper receive more than three hundred fifty dollars ($350) during any 24-hour period when so employed.
(b)CA Government Code § 26726(b) In addition to the fees provided by Section 26721, the fee for maintaining custody of property under levy by the use of a keeper is fifty dollars ($50) for each day custody is maintained after the first day.
(c)CA Government Code § 26726(c) Notwithstanding any other fee charged, a keeper shall receive seventy-five dollars ($75) when, pursuant to Section 26738, a levying officer prepares a not-found return.

Section § 26727

Explanation

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.

The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to the sheriff for use no charge shall be made for those copies.

Section § 26728

Explanation

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.

The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.

Section § 26728.1

Explanation

If you need to prepare and post additional notices for personal property sales, the fee is $19 per notice.

The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.

Section § 26729

Explanation

This law states that if you need to publish a notice, it will cost you $19.

The fee for furnishing a notice for publication is nineteen dollars ($19).

Section § 26730

Explanation

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.

The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110).

Section § 26731

Explanation

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.

(a)CA Government Code § 26731(a) Twenty-two dollars ($22) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.
(b)CA Government Code § 26731(b) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

Section § 26732

Explanation
The cost for publishing a notice in a newspaper is determined by what is considered a reasonable expense for that publication.
The fee for publication of a notice in a newspaper is the reasonable cost of the publication.

Section § 26733.5

Explanation

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.

The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one hundred five dollars ($105). The additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is seventy-five dollars ($75). The fee for reposting a notice to vacate shall be pursuant to Section 26721.

Section § 26734

Explanation

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.

The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.

Section § 26736

Explanation

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.

The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempting to serve or execute the process or notice.

Section § 26738

Explanation

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.'

The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is fifty dollars ($50).

Section § 26740

Explanation

If you need a deed or certificate of redemption processed and delivered, it costs $19.

The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19).

Section § 26741

Explanation
The cost for processing and providing a certificate or deed of sale is set at $19.
The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19).

Section § 26742

Explanation

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.

The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.

Section § 26743

Explanation

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.

The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith, shall be the amount described in Section 26720.9.

Section § 26744

Explanation

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.

The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is fifty dollars ($50).

Section § 26744.5

Explanation

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.

(a)CA Government Code § 26744.5(a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows:
(1)CA Government Code § 26744.5(a)(1) Fifty dollars ($50) to receive and process the warrant, which shall include the issuance and mailing of a notice advising the person to be arrested of the issuance of the warrant and demanding that the person appear in court.
(2)CA Government Code § 26744.5(a)(2) Fifty dollars ($50) to cancel the service of the warrant.
(3)CA Government Code § 26744.5(a)(3) One hundred five dollars ($105) if unable to find the person at the address specified using due diligence.
(4)CA Government Code § 26744.5(a)(4) One hundred twenty-five dollars ($125) to arrest the person, which shall include the arrest and release of the person on a promise to appear pursuant to Section 1993.2 of the Code of Civil Procedure.
(b)CA Government Code § 26744.5(b) The in forma pauperis fee waiver provisions under Rules 3.50 to 3.58, inclusive, of the California Rules of Court shall apply to the collection of fees under this section.

Section § 26745

Explanation

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.

The fee for summoning a trial jury of 12 or less is two dollars ($2), and for each additional juror, ten cents ($0.10).

Section § 26746

Explanation

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.

(a)CA Government Code § 26746(a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.
(b)CA Government Code § 26746(b) The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.
(c)CA Government Code § 26746(c) A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.

Section § 26746.1

Explanation

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.

(a)CA Government Code § 26746.1(a) A twenty-five-dollar ($25) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code.
(b)CA Government Code § 26746.1(b) All proceeds of the fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.
(c)CA Government Code § 26746.1(c) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other nonautomated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

Section § 26747

Explanation

This law states that when the sheriff transports prisoners to the county jail, they will charge the actual cost of that transportation.

For transporting prisoners to the county jail, the sheriff shall charge the actual cost of such transportation.

Section § 26748

Explanation

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.

In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, writ, order, paper, or notice, and actual postal charges paid for mailing by registered mail or certified mail any notice or demand required or authorized by law to be sent by registered mail or certified mail.

Section § 26749

Explanation

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.

The sheriff shall receive expenses necessarily incurred in conveying persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancing actual traveling expenses to any person committed to a state institution who is permitted to report to an institution without escort, which expenses shall be allowed as provided by Chapter 6 (commencing with Section 4750) of Title 5 of Part 3 of the Penal Code for cases subject to that chapter, and, otherwise, by the Department of General Services and paid by the state.

Section § 26750

Explanation

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.

(a)CA Government Code § 26750(a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performing all other duties of the levying officer under that law with respect to the levy shall be forty-five-dollars ($45).
(b)CA Government Code § 26750(b) Except as provided in Section 26746, the levying officer shall not charge additional fees, costs, or expenses for performing the duties under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).

Section § 26751

Explanation

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.

After possession is taken of any vehicle by or on behalf of any legal owner thereof under the terms of a security agreement or lease agreement, the debtor shall pay the sheriff a fee of fifteen dollars ($15) for the receipt and filing of the report of repossession pursuant to Section 28 of the Vehicle Code before the vehicle may be redeemed by the debtor. Except as provided herein, any person in possession of the vehicle shall not release it to the debtor without first obtaining proof of payment of the fee to the sheriff. At the request of the debtor, a person in possession of the vehicle, or the legal owner, may also release the vehicle to the debtor provided the debtor pays the fifteen dollar ($15) fee, plus an administrative fee not to exceed five dollars ($5), to the person in possession or the legal owner, who shall transmit the fifteen dollar ($15) fee to the sheriff within three business days. The failure to transmit the fee within three business days shall subject the person in possession or legal owner receiving the fee from the debtor to a fine of fifty dollars ($50). The proof of payment, or a copy thereof, shall be retained by the party releasing possession to the debtor for the period required by law, and the party releasing possession shall provide a copy of the proof of payment to the debtor upon request of the debtor.