CS/CS/CS/HB 1379 Summary

• Sheriffs must charge a uniform fee of $40 for service of summons or writs in civil cases, except when multiple documents are served on one person at the same time, in which case only one fee is charged.

• Employers must allow authorized individuals to serve process on employees in a private area designated by the employer; employers who fail to comply face a civil fine of up to $1,000.

• Substitute service on sole proprietors requires two or more prior attempts to serve the owner at the business location before service can be made on the person in charge of the business.

• The person requesting service or the person authorized to serve process must file the return-of-service form with the court, including all initial pleadings delivered and served.

• Sheriffs may rely on affidavits submitted by levying creditors regarding fund distribution and may apply to court for instructions on disbursing levy sale proceeds if uncertain, with protection from liability for wrongful distribution when acting in accordance with the affidavit.

• Effective date: July 1, 2013.