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MI SB1043

Bill

Status

Passed

12/31/2012

Primary Sponsor

Roger Kahn

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Origin

Senate

96th Legislature

AI Summary

  • Establishes a schedule of fees for process servers in Michigan, including $23.00 for personal service of a summons and complaint, $20.00 for garnishment writs, and $37.00 for orders to seize goods or evict, plus mileage in each case.

  • Increases most process server fees by $1.00 on each of three dates: October 1, 2013, October 1, 2014, and October 1, 2015.

  • Allows an additional $10.00 fee plus mileage when a process server submits a sworn affidavit documenting an incorrect address for a defendant.

  • Permits process servers and parties to agree in writing to fees exceeding the statutory schedule, but prohibits recovery of fees exceeding the statutory amounts when taxing costs in court proceedings.

  • Establishes penalties including treble damages (3 times the illegal fees) for process servers who demand or receive fees greater than allowed, and damages for sheriffs or officers who refuse service after fees are tendered.

Legislative Description

Civil procedure; service of process; process server fees; revise, and allow fees for certain additional services. Amends sec. 2559 of 1961 PA 236 (MCL 600.2559).

Civil procedure, service of process

Last Action

Assigned Pa 0558'12 2012 Addenda

12/31/2012

Committee Referrals

Judiciary3/27/2012

Full Bill Text

No bill text available