If on demand the sheriff neglects or refuses to pay over to the person entitled any money which comes into his or her hands by virtue of his or her office, after deducting all legal fees, the person may recover the amount owed to that person, 25 percent
damages, interest at the rate of 10 percent per month from the time of demand, and costs, including reasonable attorney’s fees.
SheriffLiability
Section § 26680
If the sheriff receives money in their official role but doesn't give it to the right person when asked, the person can take legal action. They can claim the owed money, an extra 25% in damages, 10% interest per month from when they asked for it, plus legal costs and attorney fees.
sheriff payment legal fees deduction money recovery
Section § 26685
If someone sues a sheriff, any deputies or employees whose negligence or wrongful actions are involved must also be included in the lawsuit as defendants.
Whenever any action is brought against any sheriff, all deputies and employees of the sheriff employed under any civil service or merit system upon whose negligence, wilful or wrongful act, or other default the action is based are necessary parties defendant.
sheriff lawsuit negligence wilful act
