Chapter 4.36 - County Sheriff's Fees

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4.36.010 Designated.

I. Fees.

The Board of County Commissioners fixes the amount of fees chargeable by the Pueblo County Sheriff under Section 30-1-104, C.R.S., specifically as follows:
1. a. For serving and returning summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than fifteen dollars ($15.00);
b. For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, actual expenses, but not more than thirty-five dollars ($35.00);
2. a. For making a return on a summons in a criminal action not served, for each party, actual expenses, but not more than five dollars ($5.00);
b. For making a return on a summons in other than a criminal action not served, for each party, actual expenses, but not more than twenty dollars ($20.00);
3. a. For serving and returning each subpoena in a criminal action on each witness, actual expenses, but not more than seven dollars and fifty cents ($7.50);
b. For serving and returning each subpoena in other than a criminal action on each witness, actual expenses, but not more than sixty dollars ($60.00);
4. a. For making return on a subpoena in a criminal action not served, five dollars ($5.00);
b. For making return on a subpoena in other than a criminal action not served, actual expenses, but not more than twenty dollars ($20.00);
5. For serving each juror, ten dollars ($10.00);
6. For serving and returning writ of attachment or replevin on each party, mileage and actual expenses;
7. For serving garnishee summons on each party, actual expenses, but not more than twenty dollars ($20.00);
8. a. Mileage for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in a criminal action, not less than twelve cents ($.12) nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that actual and not constructive mileage shall be allowed in all cases; and, where more than one warrant is served by any officer on one trip, the actual mileage only shall be allowed such officer, and the actual mileage shall be apportioned among the several warrants served on the trip;
b. Mileage shall not exceed the mileage rate authorized for County officials and employees pursuant to C.R.S. § 30-11-107(1)(t), as amended, for each mile actually and necessarily traveled in serving each writ, subpoena, or other process in other than a criminal action;
c. The Pueblo County Sheriff may establish a zone- or zip code-based mileage fee structure. The zone- or zip code-based mileage fee structure shall establish a single mileage fee for the service of any writ, subpoena, or other process in an action, other than a criminal action, in each separate zone or zip code, as applicable in Pueblo County. The applicable single mileage fee for a zone or zip code shall be charged for all papers serviced in the zone or zip code regardless of the number of attempts or actual mileage traveled by a sheriff within the zone or zip code during a sheriff's operational period. The Pueblo County Sheriff's Office has established a zone- or zip code-based mileage fee structure as set forth in the attached Appendix "A." The single mileage fees for each zone or zip code in Pueblo County as set forth in Appendix "A" are hereby set by resolution and approved by the Board of County Commissioners. The Sheriff's Office will post Appendix "A" in a location accessible to the public pursuant to C.R.S. § 30-1-108, as amended;
9. In making demand for payment on executions when payment is not made, one dollar ($1.00);
10. For levying execution or writ of attachment, besides actual custodial and transportation costs necessarily incurred, mileage and actual expenses.
11. For levying writ of replevin, besides actual custodial and transportation costs necessarily incurred, actual expenses and mileage.
12. For custodian or deputy appointed by the Sheriff after request of the appointment by the plaintiff or his or her attorney, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof;
13. For making and filing for record a certificate of levy on attachment or other cases, actual expenses, but not more than thirty dollars ($30.00);
14. For committing and discharging prisoners to and from the county jail, a reasonable fee, not to exceed thirty dollars ($30.00), which fee shall be collected directly from prisoners at the time of commitment, but shall be refunded to any prisoner who is not convicted;
15. For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, actual expenses, but not more than sixty dollars ($60.00); for serving same without aid, actual expenses, but not more than four dollars ($4.00);
16. For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve (12) hours, or fraction thereof, twelve dollars ($12.00);
17. For attending courts of record when in session, per diem of twelve (12) hours, or fraction thereof, twelve dollars ($12.00); but the attendance upon the county court shall be certified by the judge of said court at the close of each month;
18. For advertising property for sale, besides the actual cost of the advertising, actual expenses, but not more than thirty dollars ($30.00);
19. For making certificates of sale previous to execution of deed, or on sales of personal property, actual expenses, but not more than thirty dollars ($30.00);
20. For executing and acknowledging deed of sale of real estate, actual expenses, but not more than forty dollars ($40.00);
21. For taking, approving, and returning bond in any case, a reasonable fee, not to exceed ten dollars ($10.00);
22. For executing capias or warrant in criminal cases, on each prisoner named therein, two dollars ($2.00);
23. For transporting insane or other prisoners, besides the actual expenses necessarily incurred, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners, and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, not less than twelve cents ($.12) per mile nor more than the maximum mileage allowance provided for state officers and employees under C.R.S. § 24-9-104, as determined by resolution of the Board of County Commissioners; except that such mileage shall be only by one officer and no mileage shall be charged upon the guards attending the officer having custody of the prisoner and further except that the guards attending the officer in charge of the prisoner shall receive, besides the expenses necessarily incurred, the sum of twelve dollars ($12.00) per diem of twelve hours, or fraction thereof, to be paid out of the County Treasury;
24. For services in sales of real estate on an execution or decree, order of court, or other court process, besides actual expenses, on all bids under three thousand dollars ($3,000.00), twenty dollars ($20.00); and on all sums bid over three thousand dollars ($3,000.00), one percent (1%); but such commission shall in no case exceed the sum of one hundred dollars ($100.00);
25. For money collected by sale of personal property, on all sums bid under five hundred dollars ($500.00), five percent (5%); on all sums bid over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six percent (6%); and on all sums bid over one thousand dollars ($1,000.00), seven percent (7%); but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars ($100.00);
26. For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed with the officer or sheriff and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three percent (3%); on all amounts over five hundred dollars ($500.00) and under one-thousand dollars ($1,000.00), two percent (2%); and on all amounts over one thousand dollars ($1,000.00), one and one-half percent (1 ½ %); but the fee in no case shall exceed the sum of one hundred and fifty dollars ($150.00); and the plaintiff or any person making any settlement shall be liable to the Sheriff for such fees;
27. For pursuing and capturing, or pursuit without capture, when previously authorized by the Board of County Commissioners, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of the county, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same, together with twelve dollars ($12.00) per diem of twelve (12) hours for the time occupied in such pursuit;
28. For serving and returning writ of ne exeat or body attachment, actual expenses, but not more than twenty dollars ($20.00);
29. For serving copy of execution when making levy on shares of stock under execution, on each party served, actual expenses, but not more than sixty dollars ($60.00);
30. For making certificates of levy on shares, or otherwise, actual expenses, but not more than thirty dollars ($30.00);
31. For making return on execution, actual expenses, but not more than sixty dollars ($60.00)
32. For executing certificate of redemption, actual expenses, but not more than thirty dollars ($30.00);
33. For service of any writ of restitution or order of possession of premises, besides actual transportation costs necessarily incurred, actual expenses not to exceed two hundred dollars ($200.00) except that a sheriff may charge for actual expenses in excess of two hundred dollars ($200.00) if the work performed exceeds two (2) hours in duration. A sheriff may charge a fee under this paragraph after the sheriff has provided a detailed accounting of his or her actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph shall only be charged once per location for each service or execution.

II. Two or more papers served on the same person or different persons at the same time and place in same action.

Pursuant to C.R.S. § 30-1-105.5, as amended, in situations when two or more papers are served on the same person or different persons at the same time and place and in the same action, the Sheriff shall charge the highest individual fee allowable pursuant to C.R.S. § 30-1-104 for the first process and an additional ten dollars ($10.00) for each subsequent process served. The Sheriff shall charge the single zone mileage-based fee for the first process.

III. Billing Accounts.

Pursuant to C.R.S. §30-1-106(1), no sheriff shall refuse to serve any writ, summons, or notice requested by any person entitled to such service, when offered or tendered the fees allowed by law for such service; nor shall he or she charge, demand, or receive any greater sum or compensation or allowance. Pursuant to C.R.S. § 30-1-106(2) and (3), as amended, the Pueblo County Sheriff's Office has the authority to establish billing accounts for licensed attorneys and licensed collection agencies that have a principal office located in the State of Colorado. The Sheriff's Office Civil Division has the authority to develop standardized procedures for billing the accounts authorized herein, including the ability to suspend the billing privileges of any entity for nonpayment of a fee upon demand or other good cause shown. (Res. 10-210)

Sheriff Civil Fees Amended Appendix - 08-26-2010 (2).pdf