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      RS 13:5807     

  

§5807. Fees and costs

            A. Constables and marshals, except in Orleans Parish and as provided by R.S. 13:5807.1, 5807.3, 5807.4, and 5807.5, shall be entitled to the following fees of office, and no more, in civil matters:

            (1) For making service or attempted service and return of citation with or without petition on each defendant, a minimum of ten dollars and a maximum of thirty dollars.

            (2) For making service or attempted service and return of supplemental or amended petition with or without accompanying citation, a minimum of ten dollars and a maximum of thirty dollars.

            (3) For making service or attempted service of interrogatories and notice of cross interrogatories, a minimum of ten dollars and a maximum of thirty dollars.

            (4) For making service or attempted service and return of garnishment under writ of fieri facias, a minimum of twenty-eight dollars and fifty cents and a maximum of thirty dollars.

            (5) For making service or attempted service and return of writ of attachment on each witness, a minimum of nine dollars and fifty cents and a maximum of thirty dollars.

            (6) For executing writ of sequestration, provisional seizures, or distringas, in each case, a minimum of twelve dollars and fifty cents and a maximum of thirty dollars. For service of each notice to defendant and return thereon in connection with execution of any of the writs covered by this Paragraph, a minimum of ten dollars and a maximum of thirty dollars.

            (7) For taking bond authorized by law, thirteen dollars and fifty cents.

            (8) For making service or attempted service and return of notice of judgment, a minimum of ten dollars and a maximum of thirty dollars.

            (9) For making service or attempted service and return of citation and petition of appeal and order, a minimum of ten dollars and a maximum of thirty dollars.

            (10) For return of fieri facias, a minimum of ten dollars and a maximum of thirty dollars.

            (11) For making service or attempted service and return of citations requiring personal service, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars, specifically rule nisi, subpoena, subpoena duces tecum, judgment debtor.

            (12) For keeping property when a keeper or guardian is required, the marshal or constable shall be allowed the actual amount paid the keeper appointed by him, but not to exceed sixty dollars for each eight hours of keeping; and in all cases in which property under seizure is of a nature requiring the constant attention of the marshal or constable, he may appoint one or more additional keepers for which allowance shall be made on the basis set forth above.

            (13) For collecting money for execution of order of seizure and sale, six percent, with a minimum of twelve dollars and fifty cents on each execution of order of seizure and sale.

            (14) For collecting money for execution of a writ, without either seizure or sale, six percent, with a minimum of twelve dollars and fifty cents on each execution or order of writ.

            (15) For any services rendered or duties performed by the marshals or constables not otherwise herein specially provided for, they shall be entitled to a fee or commission to be determined by agreement with the parties in interest or fixed by the court by rule tried in a summary manner in term time or in vacation.

            (16) For service and making return of any rule, order of court, or notice on any party to a suit or other proceeding, or after judgment rendered, where return of service is made by the constable or marshal, including service or notice of release of seizure, and other than those herein otherwise provided for, a minimum of ten dollars and fifty cents and a maximum of thirty dollars for each service; for service of a judgment debtor rule, a fee of a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

            (17) For service of subpoena on each witness and making return thereof, a minimum of ten dollars and a maximum of thirty dollars.

            (18) For service of attachment on a witness or for service on any person for contempt of court to be brought into court and for return thereon, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

            (19) For service of citation and petition of appeal for each party on whom service is directed to be made and for making return thereof, a minimum of ten dollars and a maximum of thirty dollars.

            (20) For making seizure under writ of fieri facias, making and serving notice of seizure on one party, and making a copy for recordation in the mortgage records when necessary or required and for returns thereon, for all, fourteen dollars and fifty cents. For service of each notice of seizure and return thereon in connection with execution of writ of fieri facias, ten dollars.

            (21) For executing writ of arrest and making return thereon, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

            (22) For serving writ of injunction, certiorari, mandamus, prohibition, or notice of demand and making return thereon, in each case a minimum of ten dollars and a maximum of thirty dollars.

            (23) For executing writ of habeas corpus and making return thereon, to be charged in civil cases only, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

            (24) For serving notice of seizure and sale on one party and making a copy for recordation in the mortgage records, when necessary or required, and for making return for all, a minimum of fourteen dollars and fifty cents and a maximum of thirty dollars. For service of each additional notice of seizure and return, a minimum of ten dollars and a maximum of thirty dollars.

            (25) For advertising sale under writ of fieri facias, seizure and sale, or other order of court, the rates established by the newspaper.

            (26) For preparing advertisement for newspapers, for each one hundred words or part thereof, a minimum of eleven dollars and fifty cents and a maximum of thirty dollars.

            (27) For each deed of conveyance of immovable property, thirty-three dollars and fifty cents, in addition to the cost of registering the deed in the conveyance office and of recording it in the office of the clerk of the district court.

            (28) For each proces verbal of the sale of movable or immovable property, sixteen dollars and fifty cents.

            (29)(a) For executing writ of possession and writ of ejectment, a minimum of ten dollars and a maximum of thirty dollars.

            (b)(i) For service of each notice to vacate on defendant or occupants, a minimum of ten dollars and a maximum of thirty dollars.

            (ii) If the defendant or occupants do not vacate the premises named in the writ upon service of notice to vacate and the marshal or constable is required to do anything further to obtain possession, he shall be entitled to an additional fee of a minimum of ten dollars and fifty cents and a maximum of thirty dollars.

            (c) Nothing herein shall be construed to bar the marshals or constables from charging and collecting for cost of labor and other costs and expenses actually paid or incurred by them in order to obtain possession of the premises described in the writ.

            (30)(a) In all cases where the marshals or constables have in their possession for execution a writ of fieri facias, a writ of seizure and sale, or any conservatory or other writ, under which property is or may be seized:

            (i) When there has been an adjudication that is not completed as a result of instructions given by the plaintiff in writ or for any other reason.

            (ii) When the plaintiff in writ receives cash or other consideration, or both, pursuant to judgment rendered in suit in which the writ issued, without the necessity of judicial sale.

            (iii) When the suit in which the writ issued is discontinued by the plaintiff in writ.

            (iv) When, at the request of the plaintiff in writ, the writ is recalled or dissolved or its further execution discontinued.

            (v) When the parties in interest make an amicable settlement or compromise, or enter into any other agreement, under the terms of which the writ is recalled or dissolved or its further execution discontinued, the marshals or constables shall be entitled to receive a fee or commission as in the case of a sale.

            (b) The fee or commission provided for in this Paragraph shall be due and payable under the circumstances above set forth even though there has only been a constructive seizure or where property seized under any of the writs enumerated in this Paragraph has been released on bond.

            (c) In a case where there has been an amicable settlement by compromise or otherwise but no judgment rendered, the fee or commission shall be due and payable in solido by all parties to the compromise agreement or settlement who may be proceeded against by the marshals or constables by rule to be tried in a summary manner in term time or in vacation.

            B. Sixty percent of any funds collected in excess of the minimum fees authorized by Paragraphs (A)(1) through (11) of this Section and Paragraphs (A)(16) through (29) of this Section shall be deposited in the equipment and training fund of this Section. The money designated to be deposited in the equipment and training fund shall be used to assist in the purchasing or updating of necessary equipment and officer training to carry out the efficient performance of all duties imposed by law on constables and marshals. The equipment and training fund shall be subject to and included in the constables' and marshals' annual audit. A copy of the audit shall be filed with the legislative auditor who shall make it available to the public.

            Amended by Acts 1950, No. 161, §1; Acts 1968, No. 245, §1; Acts 1978, No. 142, §1; Acts 1979, No. 608, §1; Acts 1980, No. 566, §1; Acts 1984, No. 506, §1; Acts 1988, No. 833, §1, eff. July 18, 1988; Acts 1994, 3rd Ex. Sess., No. 117, §2; Acts 1999, No. 1345, §2; Redesignated from R.S. 33:1704 pursuant to Acts 2011, No. 248, §3; Acts 2018, No. 457, §1; Acts 2019, No. 166, §1.

NOTE: See Acts 1999, No. 1345, §5 concerning severability.



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