SENATE BILL No. 420

 

 

August 20, 2019, Introduced by Senator LUCIDO and referred to the Committee on Judiciary and    Public Safety.

 

 

 

     A bill to amend 1961 PA 236, entitled

 

"Revised judicature act of 1961,"

 

by amending sections 2559, 6002, and 6012 (MCL 600.2559, 600.6002,

 

and 600.6012), section 2559 as amended by 2018 PA 261.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2559. (1) Except as provided in subsection (7), the

 

following is the schedule of fees allowed for process or papers

 

served out of a court in this state by a person authorized under

 

this act or supreme court rule to serve process:

 

     (a) For personal service of a summons and complaint in a civil

 

action, along with supporting documents, for each defendant, $26.00

 

plus mileage.

 

     (b) For personal service of an affidavit and account, for each

 

defendant, $26.00 plus mileage.


     (c) For a request for and writ of garnishment, for each

 

garnishee and defendant, $23.00 plus mileage.

 

     (d) For personal service of an order to seize goods that are

 

the subject of a claim and delivery action, $40.00 plus mileage,

 

plus the actual and reasonable expense of seizing, keeping, and

 

delivering the goods.

 

     (e) For receiving and filing a bond from or on behalf of a

 

defendant in a claim and delivery action, $20.00.

 

     (f) For an order to show cause, for each person served, $26.00

 

plus mileage.

 

     (g) For a subpoena on discovery, for each person served,

 

$26.00 plus mileage.

 

     (h) For levying under or serving an order for the seizure of

 

property and any accompanying paper, $40.00 plus mileage, plus the

 

actual and reasonable expense of seizing and keeping the property

 

under the order.

 

     (i) If the person has seized property, physically or

 

constructively, under an order for the seizure of property issued

 

in an action in which a judgment is entered against the owner of

 

the property, regardless of whether the judgment is entered before

 

or after the order is issued, and if the judgment is satisfied in

 

whole or in part before sale of the seized property by full payment

 

of the judgment payments to the person or settlement between the

 

parties, 7% of the first $8,000.00 of the payment payments or

 

settlement amount and 3% of the payment payments or settlement

 

amount exceeding the first $8,000.00.

 

     (j) For sale of money seized or received or for property


seized and sold under an order for the seizure of property, 7% of

 

the first $8,000.00 in receipts of the amount received and 3% of

 

any receipts amount received exceeding the first $8,000.00.

 

     (k) For each notice of sale under an order for the seizure of

 

property or construction lien posted in a public place in the city

 

or township, $26.00 plus mileage.

 

     (l) For an order of eviction or a writ for the restitution of

 

premises, for each defendant, $40.00 plus mileage, plus the actual

 

and reasonable expense for the physical removal of property from

 

the premises.

 

     (m) For a subpoena directed to a witness, including a judgment

 

debtor, $26.00 plus mileage.

 

     (n) For a civil bench warrant or body execution, $40.00 plus

 

mileage, plus a reasonable fee per hour for the amount of time

 

involved in executing the warrant.

 

     (o) For service by mail, $13.00 plus the actual cost of

 

postage.

 

     (p) For each verification by a process server, $10.00 plus

 

mileage.

 

     (q) For each postal change of address verification requested

 

by the plaintiff, $10.00.

 

     (r) For each global positioning service verification requested

 

by the plaintiff, $5.00.

 

     (s) For each photo verification requested by the plaintiff,

 

$5.00.

 

     (2) On submitting a sworn affidavit, a person authorized by

 

this act or supreme court rule to serve process or papers out of a


court in this state is entitled to receive a $10.00 fee plus

 

mileage for each process that has an incorrect address. This fee is

 

in addition to any fee the person is entitled to receive under

 

subsection (1).

 

     (3) Mileage is allowed under subsection (1) for each

 

defendant, garnishee, and person served at 1-1/2 times the rate

 

allowed by the state civil service commission for employees in the

 

state classified civil service. Mileage is computed, each way,

 

using the shortest reasonable route from the place where the court

 

that issued or filed the process or paper is located to the place

 

of service.

 

     (4) The fees and expenses allowed under subsection (1)(h) to

 

(k) must be collected in the same manner as the sum directed to be

 

levied or collected under the order for the seizure of property. If

 

at the time of advertising property for sale a sheriff or other

 

officer has several orders for the seizure of property against the

 

same defendant, the sheriff or officer shall charge only 1

 

advertising fee on the whole, and shall elect on which order he or

 

she will receive the fee.

 

     (5) A person authorized by this act or supreme court rule to

 

serve process or papers out of a court in this state who demands

 

and receives a greater fee or compensation for performing a service

 

mentioned in this section than allowed by this section is, in

 

addition to all other liability provided by law, liable to the

 

party injured by paying the illegal fees for 3 times the amount of

 

illegal fees actually paid and all costs of the action.

 

     (6) A sheriff or other officer who, after the fees specified


by this section have been tendered, neglects or refuses a service

 

required by law is liable to the party injured for all damages that

 

the party sustains as a result of the neglect or refusal.

 

     (7) A person authorized under this act or supreme court rule

 

to serve process may charge a fee for service of process that

 

exceeds the fee prescribed under this section or other law if the

 

fee is agreed to in advance in writing by the person serving

 

process and the person requesting the service.

 

     (8) Regardless of whether a fee charged or paid for service of

 

process exceeds the fee prescribed by this section or other law,

 

including a fee allowed under subsection (7), a person entitled to

 

tax costs shall not attempt to tax and is not entitled to recover a

 

fee for service of process that exceeds the fee prescribed by this

 

section or other law.

 

     (9) As used in this section, "order for the seizure of

 

property" includes an order to seize property, a writ of

 

attachment, and a writ of execution, including, but not limited to,

 

execution in a claim and delivery action on property other than the

 

property that is the subject of the claim and delivery action.

 

     Sec. 6002. (1) Upon On receipt of any an execution, the

 

sheriff or other officer receiving who receives the execution shall

 

indorse thereon on the execution the year, month, day, and hour of

 

receipt, and that time shall be is the effective date of the

 

execution.

 

     (2) Executions shall An execution must be made returnable not

 

less than 20, nor and not more than 90, 180 days from that

 

date.after the effective date of the execution.


     (3) When If an officer has begun to serve an execution issued

 

out of any court, on or before the return day of the execution, he

 

the officer may complete service and return after the return date.

 

     (4) An officer who serves an execution may physically or

 

constructively seize property subject to execution. To effect a

 

constructive seizure, the officer shall prominently post or attach

 

to the property a notice stating that the property has been seized

 

under an execution, the date the seizure commenced, and the name,

 

address, and phone number of the officer. The officer may, but is

 

not required to, immobilize or disable property that is

 

constructively seized.

 

     (5) (4) When If an officer has begun to serve an execution and

 

dies, or becomes incapable of completing service and return, any

 

other officer who might by law have originally served the execution

 

, may complete it. the service. If the first officer fails to make

 

a certificate, the second officer shall do so, including the doings

 

actions of both officers therein. in the certificate. If the first

 

officer makes a certificate, the second officer shall make a

 

certificate as to his or her own doings actions in completing

 

service.

 

     (6) (5) If there are joint or joint and several obligors and

 

jurisdiction was not acquired over all of them, the names of those

 

over whom jurisdiction was not acquired shall must be indorsed on

 

the an execution.

 

     (7) If an execution is received by a person that is not an

 

officer, the person shall not serve the execution but shall

 

promptly deliver the execution to the issuing court.


     (8) As used in this section:

 

     (a) "Execution" means an order for the seizure of property, as

 

that term is defined in section 2559.

 

     (b) "Officer" means a person that is either of the following:

 

     (i) A sheriff or deputy sheriff, acting in the county the

 

sheriff or deputy sheriff serves or under section 582(a).

 

     (ii) A person acting at the direction of the court that issued

 

the execution and that, before the execution was issued, appointed

 

the person a court officer in accordance with the general court

 

rules or by ex parte motion and order.

 

     Sec. 6012. Whenever an If an execution issues is issued

 

against the property of any a person, his the person's goods and

 

chattels, and lands and tenements, levied upon on by such the

 

execution, shall be are bound from the time of such levy.effective

 

date of the execution.