CIVIL FEES BILL (SF 501)
Requested by Iowa State Sheriffs’ & Deputies’ Association. Passed Iowa Senate 48-1 and Iowa House of Representatives 96-0, Signed by Governor 5/11/2017
Duties of the Sheriff in the Iowa Code are extensive. One area that is often overlooked is the section relating to service of civil procedure. The demands on Sheriffs’ Offices have increased over the years, but the fees allowed in the Code have not kept pace with the demand for service by civil deputies, resulting in unfunded mandates that, in cumulation, eventually get passed on to local property taxpayers.
The following civil fees were increased which should increase revenue and reduce the burden on local property taxpayers. The increases will go into effect July 1, 2017.
331.655 (1)…… a. b. c., f. g. h. k. l. n. Increases current fees set in Code
--notices ($15 increase from $15 to $30);
--notices–second person same residence ($10 increase from $10 to $20);
--for warrants ($15 increase from $20 to $35);
--for subpoenas ($15 increase from $20 to $35);
--for summoning a jury for condemnation ($100 increase from $100 to $200); No longer required to attend them;
--for other court orders, execution, attachment ($15 increase from $15 to $30);
--for activities related to executing a certificate or deed for lands sold on execution or sold ($20 increase from $30 to $50); No increase on bill of sale for personal property;
--for doing inventory of personal property attached or levied upon ($10 increase from $10 to $20 per hour);
--for setting a sale of real property ($25 increase from $50 to $75)
--for conveying a person to an institution by court order ($10 increase from $15 to $25 per hour);
--for posting notices ($5 increase from $5 to $10).
331.655(1)e. Condemnations additional fee
Condemnations create the greatest time demand of any civil process, most of which is in preparation of the meeting. There is currently no mechanism for collecting a fee for the lost time if a cancellation happens prior to the meeting.
Section (1)e. will allow the Sheriff’s Office to receive payment of $200 for summoning a jury to assess the damages to the owner’s lands taken.
331.655(1)k. Setting a Sheriff’s Sale instead of attending one
The number of Sheriff’s Sales has escalated in recent years. Sheriffs’ Sales require significant officer time preparing for the sale. Currently, there is no fee in Iowa Code to address time invested by officers in preparation for the sale if the sale is cancelled. Sales are often cancelled after hours of work have occurred. Section (1)k. changes the term “attending” to “setting”, which will allow the current fee for Sheriff’s Sales to be charged when work is done but the sale is cancelled.
Section 331.655(1)p. Attending the service of a writ
Sheriff’s deputies are required to stand by during the service of writs, especially evictions. Currently, the only compensation that the Sheriff gets for overseeing writs is the mileage and a $15 service fee. This section allows the Sheriff to receive an additional $25 per hour attendance fee and the new writ service fee of $30.