Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals.

This bill would increase the fees for services provided by sheriffs and marshals, as specified.

Existing law requires the Legislature to provide for an elected county sheriff and provides for the duties of the sheriff. Existing law prescribes fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs and marshals.

This bill would increase the fees for services provided by sheriffs and marshals, as specified.

Existing law requires sheriffs to charge and collect specified fees for services performed by them.

This bill would make a nonsubstantive change to this provision.

SENATE THIRD READING

STR Bill Id:SB 564

Author:(Laird)

As Amended Ver:March 20, 2023

Majority vote

SUMMARY

Increases statutorily defined fees for serving, executing, and process required court notices, writs, orders, and other services provided by sheriffs and marshals.

Major Provisions

1. Increases the fee for the service of the summons, complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint for any action commenced in superior court from $40 to $50. Likewise increases the fee for cancellation or making a not-found return on a summons from $40 to $50.
2. Increases the fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon from $100 to $125.
3. Increases the fee for opening a safe-deposit box from $135 to $170.
4. Increases the fee for serving or posting any additionally required notices or orders on other parcels from $20 to $25.
5. Increases the fee for keeping and caring for property under a writ of attachment, execution, possession, or sale when necessarily employed for any eight-hour period or any part thereof from $140 to $175.
   1. Increases the total possible fee for the additional keeper or keepers if one is required from $300 to $350.
   2. Increases the fee for maintaining custody of property under levy by the use of a keeper from $40 to $50 for each day custody is maintained after the first day.
   3. Increases the amount a keeper may receive when a levying officer prepares a not-found return from $60 to $75.
6. Increases the fee for preparing and posting additionally required notices of personal property sales from $15 to $19 each.
7. Increases the fee for furnishing a notice for publication from $15 to $19.
8. Increases the fee for conducting or postponing the sale of real or personal property as required by law or the litigant from $90 to $110.
9. Increases the portion of any fee collected by the sheriff's civil division or marshal under specified sections of the Government Code to be deposited in a special fund in the county treasury from $18 to $22.
10. Increases the fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor from $85 to $105. Additionally increases the fee for removing an occupant or occupants from the premises and putting a person in possession of the premises from $60 to $75.
11. Increases the fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion from $40 to $50.
12. Increases the fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property or other process or notice required to be served, certifying that the person or property cannot be found at the address specified from $35 to $50.
13. Increases the fee for the execution and delivery of a deed or certificate of redemption from $15 to $19.
14. Increases the fee for executing and delivering a certificate or deed of sale from $15 to $19.
15. Increases the fees for processing a warrant as follows:
    1. To receive and process the warrant from $40 to $50.
    2. To cancel the service of a warrant from $40 to $50.
    3. To arrest the person from $100 to $125.
16. Increases the processing fee for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation from $12 to $15.
17. Increases the fee assessed by the sheriff or marshal for certification or correction on each citation that requires inspection for proof of correction of any violation from $20 to $25.
18. Increases the fee for serving an earnings withholding order under the Wage Garnishment Law from $35 to $45.

COMMENTS

This bill proposes to increase statutorily determined fees for serving, executing, and processing certain court documents by sheriffs and marshals offices. As the author and sponsors point out, the overall cost of business has, along with the cost of living and inflation, skyrocketed in recent months. This, along with a steady increase in costs since 2014, compound the need to increase the fees payable to the relevant departments for services they provide. Additionally, the bill's proponents argue that recently enacted legislation, namely AB 2791 (Bloom), Chapter 417, Statutes 2022, which requires officers to accept electronic submission of requests for service of process beginning in 2024, will further increase their costs of business.

Opponents of the bill argue that the existing statutory language is unclear, stating that the current phrasing allows for an interpretation that an office may, for example, charge a litigant a fee once for the initial request for service and again for a subsequent cancellation. While it is not impossible to interpret the language in this manner, the statute does not, in fact, call for an additional amount for a subsequent cancellation of a request for service of process. The fact that some sections of the chapter in question specify that fees are additional, such as Government Code Section 26726, further supports the argument that absent such specification, each of the fees in question is a flat fee for either a request or a cancellation, rather than cumulative fees. Moreover, other than sporadic increases in the statutory fees, this language has remained largely untouched since its initial establishment in the Government Code indicating that the language has, in fact, been consistently interpreted. Therefore, rather than coopting a largely technical bill, any potential policy changes are arguably more appropriate in separate legislation.

The same could be said for the opponent's concern regarding the potential conflict with other bills currently making their way through the Legislature, namely AB 1119 (Wicks) of the current legislative session. It is quite common for multiple bills to be introduced regarding the same issue or code section. This bill does not propose to modify any of the statutory language considered by AB 1119, nor does it appear to be in conflict with the policy proposed by that legislation. In sum, this bill proposes a number of straightforward fee increases to bring the statutory fees in line with the cost of living in 2023. Additional substantive policy concerns from the opposition regarding the section that this bill seeks to amend, but unrelated to the quantity of the increase of fines, are arguably better addressed in a distinct bill in the future.

Considering the increase in overall costs of goods and services since 2014, the increased fees proposed by this bill appear to be reasonable. Additionally, nothing in this bill affects the ability of a litigant or requestor to obtain a fee waiver as authorized by Government Code Sections 26720.5 and 6863.1 and California Rule of Court 3.55. Therefore, the proposed increase will not be unduly levied on low-income litigants. However, the cost increase may increase the number of litigants who apply for fee waivers.

According to the Author

Sheriffs' Offices are required to serve civil process, including summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. As part of this process, they are permitted to collect statutorily set fees to cover the cost of providing these services. These fees have not been increased since 2015 and have not kept pace with increasing personnel and resource costs, creating revenue deficits within Sheriffs' civil units.

SB 564 modestly increases the statutorily capped fees Sheriffs' Offices can collect to fulfill their legal process obligations to closer match the costs of providing that service and reflect inflation. This bill retains the existing fee waiver process to ensure low-income individuals are not disproportionately impacted by the fee increase.

Arguments in Support

This bill is sponsored by the California State Sheriffs' Association and supported by numerous county Sheriff's offices. In support of the measure the California State Sheriffs' Association writes:

Existing law provides that the sheriff shall serve all processes and notices, and this generally includes summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. Existing law also established the various fees that sheriffs' offices are permitted to collect in connection with performing the service of civil process. Many of these fees have not been increased since 2015; they do not typically cover the costs of the services to which they are connected, and the fees have not kept pace with increasing personnel and resource costs creating revenue deficits within sheriffs' civil units.

More specifically, the general cost of conducting business has risen since the last fee increase based on a number of things, including inflation as it relates to purchases of tools of the trade, employee salary increases, software programs, and vehicles and fuel costs, among others. Further, the anticipated costs associated with implementation of recently enacted legislation (AB 2791 of 2002), which requires sheriffs' offices to accept documents electronically, are expected to be significant. These fees are paid by the persons seeking the service of process.

SB 564 would modestly increase and conform various fees that sheriffs' offices are permitted to charge to fulfill their legal obligation to serve process to closer match the costs of providing that service.

Arguments in Opposition

The California Association of Judgment Professionals has taken a position of oppose unless amended. In particular, they suggest what they characterize as clarifying amendments to specify that the fees prescribed by each section of the Government Code are one-time fees for each type of service, rather than cumulative fees for a request and subsequent cancellation. Additionally, the opponents request clarifying amendments to Section 26726, relating to additional fees for subsequent keepers; Section 26744.5, to conform with potential changes in separate legislation; and a minor clarifying change to Section 26720.

FISCAL COMMENTS

None

VOTES

SENATE FLOOR: 37-0-3

YES: Allen, Alvarado-Gil, Archuleta, Ashby, Atkins, Becker, Blakespear, Bradford, Caballero, Cortese, Dahle, Dodd, Durazo, Eggman, Glazer, Gonzalez, Grove, Hurtado, Jones, Laird, Limón, McGuire, Menjivar, Min, Newman, Niello, Ochoa Bogh, Padilla, Portantino, Roth, Seyarto, Skinner, Stern, Umberg, Wahab, Wiener, Wilk

ABS, ABST OR NV: Nguyen, Rubio, Smallwood-Cuevas

ASM JUDICIARY: 10-0-1

YES: Maienschein, Essayli, Connolly, Dixon, Haney, Kalra, Pacheco, Papan, Reyes, Robert Rivas

ABS, ABST OR NV: Sanchez

UPDATED

VERSION: March 20, 2023

CONSULTANT: Manuela Boucher / JUD. / (916) 319-2334 FN: 0001060

Date of Hearing: June 6, 2023

ASSEMBLY COMMITTEE ON JUDICIARY

Brian Maienschein, Chair

SBPCA Bill Id:SB 564

Author:(Laird) – As Amended Ver:March 20, 2023

SENATE VOTE: 37-0

SUBJECT: SHERIFFS AND MARSHALS: FEES

KEY ISSUE: SHOULD THE FEES FOR SERVING, EXECUTING, AND PROCESSING REQUIRED COURT NOTICES, WRITS, ORDERS, AND OTHER SERVICES PROVIDED BY SHERIFFS AND MARSHALS BE INCREASED?

SYNOPSIS

Existing law authorizes law enforcement departments to charge statutorily determined fees for providing a variety of services regarding legal proceedings, including fees for serving, executing, and processing various court notices, writs, and orders. (Government Code Sections 26720 et seq.) These fees have not been updated or brought in line with inflation since 2015. This bill proposes to increase these fees to account for the increased costs of business since 2015. This bill is sponsored by the California State Sheriffs’ Association and supported by numerous Sheriff’s offices from across the state. It is opposed, unless amended, by the California Association of Judgment Professionals.

SUMMARY: Increases statutorily defined fees for serving, executing, and process required court notices, writs, orders, and other services provided by sheriffs and marshals. Specifically, this bill:

1. Increases the fee for the service of the summons, complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint for any action commenced in superior court from $40 to $50. Likewise increases the fee for cancellation or making a not-found return on a summons from $40 to $50.
2. Increases the fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon from $100 to $125.
3. Increases the fee for opening a safe-deposit box from $135 to $170.
4. Increases the fee for serving or posting any additionally required notices or orders on other parcels from $20 to $25.
5. Increases the fee for keeping and caring for property under a writ of attachment, execution, possession, or sale when necessarily employed for any eight-hour period or any part thereof from $140 to $175.
   1. Increases the total possible fee for the additional keeper or keepers if one is required from $300 to $350.
   2. Increases the fee for maintaining custody of property under levy by the use of a keeper from $40 to $50 for each day custody is maintained after the first day.
   3. Increases the amount a keeper may receive when a levying officer prepares a not-found return from $60 to $75.
6. Increases the fee for preparing and posting additionally required notices of personal property sales from $15 to $19 each.
7. Increases the fee for furnishing a notice for publication from $15 to $19.
8. Increases the fee for conducting or postponing the sale of real or personal property as required by law or the litigant from $90 to $110.
9. Increases the portion of any fee collected by the sheriff’s civil division or marshal under specified sections of the Government Code to be deposited in a special fund in the county treasury from $18 to $22.
10. Increases the fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor from $85 to $105. Additionally increases the fee for removing an occupant or occupants from the premises and putting a person in possession of the premises from $60 to $75.
11. Increases the fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion from $40 to $50.
12. Increases the fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property or other process or notice required to be served, certifying that the person or property cannot be found at the address specified from $35 to $50.
13. Increases the fee for the execution and delivery of a deed or certificate of redemption from $15 to $19.
14. Increases the fee for executing and delivering a certificate or deed of sale from $15 to $19.
15. Increases the fees for processing a warrant as follows:
    1. To receive and process the warrant from $40 to $50.
    2. To cancel the service of a warrant from $40 to $50.
    3. To arrest the person from $100 to $125.
16. Increases the processing fee for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation from $12 to $15.
17. Increases the fee assessed by the sheriff or marshal for certification or correction on each citation that requires inspection for proof of correction of any violation from $20 to $25.
18. Increases the fee for serving an earnings withholding order under the Wage Garnishment Law from $35 to $45.

EXISTING LAW:

1. Authorizes a $40 fee for service of summons and complaint, and all documents or notices required to be served with it, for any action commenced in superior court, the cancellation of a summons prior to completion, and the making of a not-found return certifying the person cannot be found at the specified address. (Government Code Section 26720.9 and 26721.2. Unless otherwise specified all other references are to the Government Code.)
2. Authorizes a $100 fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon. (Section 26722.)
3. Authorizes a $135 fee for opening a safe-deposit box pursuant to sections of law authorizing the attachment to property in a safe-deposit box. (Section 26723.)
4. Authorizes a $20 fee for serving or posting any additionally required notices or orders on other parcels for each parcel. (Section 26725.1.)
5. Authorizes a $140 fee for keeping and caring for property under a writ of attachment, execution, possession or sale when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required the fee for the additional keeper or keepers is the same, except that no one keeper can receive more than $300 in any 24-hour period. (Section 26726 (a).)
6. Provides that in addition to another specified fee, the fee for maintaining custody of property under levy by the use of a keeper is $40 for each day custody is maintained after the first day. (Section 26726 (b).)
7. Provides that a keeper is required to receive a $60 fee when a levying officer prepares a not-found return, as specified. (Section 26726 (c).)
8. Provides that the fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is $1 per page, except as provided. (Section 26727.)
9. Provides that the fee for preparing and posting additionally required notices of personal property sales, and the fee for furnishing a notice for publication is $15. (Sections 26728.1 and 26729.)
10. Provides that the fee for conducting or postponing the sale of real or personal property as required by law or the litigant is $90. (Section 26730.)
11. Provides that $18 of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 of the Government Code is to be deposited into a special fund and be maintained and deposited, as specified. (Section 26731.)
12. Provides that the fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is $85, and that the additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is $75. (Section 26733.5.)
13. Provides that the fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is $40. (Section 26736.)
14. Provides that the fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is $35. (Section 26738.)
15. Provides that the fee for the execution and delivery of a deed or certificate of redemption, and the fee for executing and delivering a certificate or deed of sale is $15. (Sections 26740 and 26741.)
16. Provides that the fees for processing a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or court order is to be paid by the moving party and is as follows:
    1. $40 to receive and process the warrant or cancel service of the warrant.
    2. $85 if unable to find the person at the address specified using due diligence.
    3. $100 to arrest the person and release the person, as provided. (Section 26744.5.)
17. Provides for a $12 processing fee, in addition to any other fees, for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. (Sections 26746, 26746.1, 26750.)
18. Requires a $20 fee be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code. (Section 26746.1.)
19. Provides for a $35 fee for serving an earnings withholding order under the Wage Garnishment Law. (Section 26750.)

FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.

COMMENTS: Existing law authorizes law enforcement departments to charge statutorily determined fees for providing a variety of services regarding legal proceedings, including for serving, executing, and processing various court notices, writs, and orders. (Government Code Sections 26720 et seq.) Currently these fees range from $1 per page for a copy of certain specified documents, to $140 for keeping and caring for property under a writ of attachment, execution, possession or sale. These fees have not been updated or brought in line with inflation since 2015, when they were established pursuant to AB 2256 (Garcia, Ch. 47, Stats. 2014). According to the author:

Sheriffs’ Offices are required to serve civil process, including summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. As part of this process, they are permitted to collect statutorily set fees to cover the cost of providing these services. These fees have not been increased since 2015 and have not kept pace with increasing personnel and resource costs, creating revenue deficits within Sheriffs’ civil units.

SB 564 modestly increases the statutorily capped fees Sheriffs’ Offices can collect to fulfill their legal process obligations to closer match the costs of providing that service and reflect inflation. This bill retains the existing fee waiver process to ensure low-income individuals are not disproportionately impacted by the fee increase.

This bill proposes to increase statutorily determined fees for serving, executing, and processing certain court documents by sheriffs and marshals offices. As the author and sponsors point out, the overall cost of business has, along with the cost of living and inflation, skyrocketed in recent months. This, along with a steady increase in costs since 2014, compound the need to increase the fees payable to the relevant departments for services they provide. Additionally, the bill’s proponents argue that recently enacted legislation, namely AB 2791, which requires officers to accept electronic submission of requests for service of process beginning in 2024, will further increase their costs of business.

Opponents of the bill argue that the existing statutory language is unclear, stating that the current phrasing allows for an interpretation that an office may, for example, charge a litigant a fee once for the initial request for service and again for a subsequent cancellation. While it is not impossible to interpret the language in this manner, the statute does not, in fact, call for an additional amount for a subsequent cancellation of a request for service of process. The fact that some sections of the chapter in question specify that fees are additional, such as Section 26726, further supports the argument that absent such specification, each of the fees in question is a flat fee for either a request or a cancellation, rather than cumulative fees. Moreover, other than sporadic increases in the statutory fees, this language has remained largely untouched since its initial establishment in the Government Code indicating that the language has, in fact, been consistently interpreted. Therefore, rather than coopting a largely technical bill, any potential policy changes are arguably more appropriate in separate legislation.

The same could be said for the opponent’s concern regarding the potential conflict with other bills currently making their way through the Legislature, namely AB 1119 (Wicks). It is quite common for multiple bills to be introduced regarding the same issue or code section. This bill does not propose to modify any of the statutory language considered by AB 1119, nor does it appear to be in conflict with the policy proposed by that legislation. In sum, this bill proposes a number of straightforward fee increases to bring the statutory fees in line with the cost of living in 2023. Additional substantive policy concerns from the opposition regarding the section that this bill seeks to amend, but unrelated to the quantity of the increase of fines, are arguably better addressed in a distinct bill in the future.

Considering the increase in overall costs of goods and services since 2014, the increased fees proposed by this bill appear to be reasonable. Additionally, nothing in this bill affects the ability of a litigant or requestor to obtain a fee waiver as authorized by Government Code Sections 26720.5 and 6863.1 and California Rule of Court 3.55. Therefore, the proposed increase will not be unduly levied on low-income litigants. However, the cost increase may increase the number of litigants who apply for fee waivers.

ARGUMENTS IN SUPPORT: This bill is sponsored by the California State Sheriffs’ Association and supported by numerous county Sheriff’s offices. In support of the measure the California State Sheriffs’ Association writes:

Existing law provides that the sheriff shall serve all processes and notices, and this generally includes summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. Existing law also established the various fees that sheriffs’ offices are permitted to collect in connection with performing the service of civil process. Many of these fees have not been increased since 2015; they do not typically cover the costs of the services to which they are connected, and the fees have not kept pace with increasing personnel and resource costs creating revenue deficits within sheriffs’ civil units.

More specifically, the general cost of conducting business has risen since the last fee increase based on a number of things, including inflation as it relates to purchases of tools of the trade, employee salary increases, software programs, and vehicles and fuel costs, among others. Further, the anticipated costs associated with implementation of recently enacted legislation (AB 2791 of 2002), which requires sheriffs’ offices to accept documents electronically, are expected to be significant. These fees are paid by the persons seeking the service of process.

SB 564 would modestly increase and conform various fees that sheriffs’ offices are permitted to charge to fulfill their legal obligation to serve process to closer match the costs of providing that service

ARGUMENTS IN OPPOSITION: The California Association of Judgment Professionals has taken a position of oppose unless amended. In particular, they suggest what they characterize as clarifying amendments to specify that the fees prescribed by each section of the Government Code are one-time fees for each type of service, rather than cumulative fees for a request and subsequent cancellation. Additionally, the opponents request clarifying amendments to Section 26726, relating to additional fees for subsequent keepers; Section 26744.5, to conform with potential changes in separate legislation; and a minor clarifying change to Section 26720. Specifically they write:

First: Government Code sections 26721.2, 26736, and 26738 have consistently been misinterpreted by various Sheriff offices throughout California. Some Sheriff offices believe they are currently entitled, by statute, to receive an additional $40 fee for cancelling a service request and/or for a not-found return. This issue comes up many, many times throughout the years. Section 26736 currently contains some clarity, however, that section provides it is for “other than a summons”, thus excluding Section 26721.2. We present an opportunity to clarify the legislative intent that there is, and should be, no additional fee for those two events; the litigant merely pays the initial fee under Section 26720.9 or Section 26721.2(a), which is then fully earned by the Sheriff, regardless of whether the service request is subsequently cancelled or the address provided is a bad service address or the documents are actually served.

[…]

Second, regarding Section 26726: this statute, as written, is unclear and ambiguous, leading to different interpretations by different Sheriff offices. If a levying officer and a keeper are prevented from installing the keeper for an 8-hour period at a business establishment, subsection (c) of this statute says “a keeper” shall receive the current fee of $60, when the levying officer prepares a not-found return. Does the levying officer also receive the current fee of $40 under Section 26738 for the not-found return? And why does the keeper get a higher not-found fee than the levying officer? We would like to work with the Author and Sponsors to clarify this statute with specificity.

Third, regarding Section 26744.5: Assemblymember Wicks has AB 1119 pending, which will potentially change the issuance of warrants and notices to appear in Civil Code of Procedure Section 1993, so Section 26744.5 will need to be changed to reflect those changes, as we are suggesting in that measure. We are working with Assemblymember Wicks’ staff on amending AB 1119, as well. We believe the fee to cancel a civil warrant and the fee for a not-found for a civil warrant should be identical to, and should therein refer to, Section 26736 and 27638 respectively. The work involved in those two procedures is identical, so the fees should be identical. We would also like to work with the Author and Sponsors to clarify this statute.

Fourth, regarding Section 26720: we like the addition of the comma, which provides clarity, and would like to see that change put back into this measure

REGISTERED SUPPORT / OPPOSITION:

Support

California State Sheriffs' Association (sponsor)

Alameda County Sheriff's Office
Amador County Sheriff's Office
California State Association of Counties
Glenn County Sheriff's Office
Humboldt County Sheriff's Office
Lake County Sheriff's Office
Los Angeles County Sheriff's Department
Madera County Sheriff's Office
Marin County Sheriff’s Office
Merced County Sheriff's Office
Modoc County Sheriff's Office
Monterey County Sheriff's Department
Napa County Sheriff's Office
Orange County Sheriff's Department
Placer County Sheriff's Office
Riverside County Sheriff's Office
San Luis Obispo County Sheriff's Office
Santa Cruz County Sheriff's Office
Shasta County Sheriff's Office
Tuolumne County Sheriff's Office
Yuba County Sheriff's Office

Opposition

California Association of Judgment Professionals (unless amended)

Analysis Prepared by: Manuela Boucher-de la Cadena / JUD. / (916) 319-2334

 THIRD READING  

Bill No: SB 564

Author: Laird (D)

Amended: 3/20/23

Vote: 21

SENATE JUDICIARY COMMITTEE: 9-0, 4/11/23

AYES: Umberg, Wilk, Allen, Ashby, Laird, McGuire, Min, Niello, Wiener

NO VOTE RECORDED: Durazo, Stern

SUBJECT: Sheriffs and marshals: fees

SOURCE: California State Sheriffs’ Association

DIGEST:

This bill increases certain fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs.

ANALYSIS:

1. Existing law authorizes a $40 fee for service of summons and complaint, and all documents or notices required to be served with it, for any action commenced in superior court, the cancellation of a summons prior to completion, and the making of a not-found return certifying the person cannot be found at the specified address. (Gov. Code § 26720.9 & 27621.2.)

This bill increases those fees to $50.

1. Existing law authorizes a $100 fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon. (Gov. Code § 26722.)

This bill raises that fee to $125.

1. Existing law authorizes a $135 fee for opening a safe-deposit box pursuant to sections of law authorizing the attachment to property in a safe-deposit box. (Gov. Code § 26723.)

This bill raises that fee to $170.

1. Existing law authorizes a $20 fee for serving or posting any additionally required notices or orders on other parcels for each parcel. (Gov. Code § 26725.1.)

This bill raises that fee to $25 for each parcel.

1. Existing law authorizes a $140 fee for keeping and caring for property under a writ of attachment, execution, possession or sale when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required the fee for the additional keeper or keepers is the same, except that no one keeper can receive more than $300 in any 24-hour period. (Gov. Code § 26726.(a))

This bill raises the above fees to $175 and $350, respectively.

1. Existing law provides that in addition to another specified fee, the fee for maintaining custody of property under levy by the use of a keeper is $40 for each day custody is maintained after the first day. (Gov. Code § 26726(b).)

This bill raises that fee to $50.

1. Existing law provides that a keeper is required to receive a $60 fee when a levying officer prepares a not-found return, as specified. (Gov. Code § 26726(c).)

This bill raises that fee to $75.

1. Existing law provides that the fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is $1 per page, except as provided. (Gov. Code § 26727.)

This bill raises that fee to $1.25 per page.

1. Existing law provides that the fee for preparing and posting additionally required notices of personal property sales, and the fee for furnishing a notice for publication is $15. (Gov. Code § 26728.1 & 26729.)

This bill raises those fees to $19.

1. Existing law provides that that the fee for conducting or postponing the sale of real or personal property as required by law or the litigant is $90. (Gov. Code § 26730.)

This bill raises that fee to $110.

1. Existing law provides that $18 of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 of the Government Code is to be deposited into a special fund and to be maintained and deposited, as specified. (Gov. Code § 26731.)

This bill raises that amount to $22.

1. Existing law provides that the fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is $85, and that the additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is $75. (Gov. Code § 26733.5.)

This bill raises those amounts to $105 and $75, respectively.

1. Existing law provides that the fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is $40. (Gov. Code § 26736.)

This bill raises that fee to $50.

1. Existing law provides that the fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is $35. (Gov. Code § 26738.)

This bill raises that fee to $50.

1. Existing law provides that the fee for the execution and delivery of a deed or certificate of redemption, and the fee for executing and delivering a certificate or deed of sale is $15. (Gov. Code §§ 26740 & 26741.)

This bill raises those fees to $19.

1. Existing law provides that the fees for processing a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or court order is to be paid by the moving party and is as follows:
   1. $40 to receive and process the warrant or cancel service of the warrant.
   2. $85 if unable to find the person at the address specified using due diligence.
   3. $100 to arrest the person and release the person, as provided. (Gov. Code § 26744.5.)

This bill raises those fees to $50, $105, and $125, respectively.

1. Existing law provides for a $12 processing fee, in addition to any other fees, for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. (Gov. Code § 26746.) 26746.1, 26750.)

This bill raises that fee to $15.

1. Existing law requires a $20 fee be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code. (Gov. Code § 26746.1.)

This bill raises that fee to $25.

1. Existing law provides for a $35 fee for serving an earnings withholding order under the Wage Garnishment Law.

This bill raises that fee to $45.

Comments

This bill seeks to increase various statutorily prescribed fees authorized for the performance of service of various forms of process by sheriffs or marshals. As noted above, these fees were last raised in 2014 by AB 2256 (Garcia, Chapter 47, Statutes of 2014). The author and sponsor note that that general cost of conducting business has risen since the last fee increase based on a number of things, including the cost of living, inflation, and employee salary increases. They state the statutory fee for keepers is insufficient to acquire and/or retain keepers to perform these duties, which is in direct conflict with requirements under the Civil Code that require Sheriffs’ Offices to perform the keeper process. Additionally, they point to the anticipated costs associated with implementation of recently enacted legislation, which requires a marshal or sheriff to accept an electronically signed notice or other process issued by a superior court in a civil action, including service of process and court documents. (AB 2791, Bloom, Chapter 417, Statutes of 2022)

Chained inflation averaged 2.42% per year between 2014 and 2023, a total inflation amount of 23.99%. According to the U.S. Bureau of Labor Statistics CPI Inflation Calculator, none of the increases in fees that this bill makes exceed the inflation rate between 2014, the last time these fee amounts were raised, and the current year. Ultimately, raising the fees for service of process and other required notices always carries risks of restricting access to the courts. Any fee increase must balance the need for increased funds against this risk of foreclosing court resources. It should be noted that nothing in this bill would affect the current ability of a litigant to seek a waiver of the above sheriffs’ and marshals’ fees if the litigant cannot afford to pay those fees, though the proposed fee increases could feasibly increase the number of individuals seeking those waivers. (See Gov. Code §§ 26720.5, 68631; Cal. Rule of Court 3.55.)

FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No

SUPPORT: (Verified 4/14/23)

California State Sheriffs’ Association (source)

Alameda County Sheriff’s Office

Amador County Sheriff’s Office

Glenn County Sheriff’s Office

Humboldt County Sheriff’s Office

Lake County Sheriff's Office

Marin County Sheriff’s Office

Madera County Sheriff’s Office

Merced County Sheriff's Office

Modoc County Sheriff’s Office

Monterey County Sheriff’s Office

Napa County Sheriff’s Office

Orange County Sheriff’s Office

Riverside County Sheriff’s Office

San Luis Obispo County Sheriff's Office

Santa Cruz County Sheriff’s Office

Shasta County Sheriff’s Office

Tuolumne County Sheriff’s Office

Yuba County Sheriff’s Office

OPPOSITION: (Verified 4/14/23)

California Association of Judgment Professionals

ARGUMENTS IN SUPPORT: The author writes:

Sheriffs’ Offices are required to serve civil process, including summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. As part of this process, they are permitted to collect statutorily set fees to cover the cost of providing these services. These fees have not been increased since 2015 and have not kept pace with increasing personnel and resource costs, creating revenue deficits within Sheriffs’ civil units.

SB 564 modestly increases the statutorily capped fees Sheriffs’ Offices can collect to fulfill their legal process obligations to closer match the costs of providing that service and reflect inflation. This bill retains the existing fee waiver process to ensure low-income individuals are not disproportionately impacted by the fee increase.

ARGUMENTS IN OPPOSITION: The California Association of Judgment Professionals writes in opposition seeking substantive changes to some of the sections being amended in the bill, claiming that they believe the statutes are being misinterpreted or are unclear. Those specific sections of the Government Code are 26721.2, 26736, 26738, and 26726. Additionally they want the nonsubstantive

change to Section 26720 of the Government Code that was in the introduced version of the bill, which added a comma, put back into the bill.

Prepared by: Amanda Mattson / JUD. / (916) 651-4113

4/14/23 13:24:43

**** END ****

SENATE JUDICIARY COMMITTEE

Senator Thomas Umberg, Chair

2023-2024 Regular Session

Bill No: SB 564 (Author:Laird)

Version: March 20, 2023

Hearing Date: April 11, 2023

Fiscal: No

Urgency: No

Consultant: AM

SUBJECT

Sheriffs and marshals: fees

DIGEST

This bill increases certain fees for serving, executing, and processing required court notices, writs, orders, and other services provided by sheriffs.

EXECUTIVE SUMMARY

The sheriff of a county is required under existing law to perform certain duties in addition to law enforcement, such as service of process. Current law authorizes the sheriff to charge and collect set fees to offset the costs of performing these duties. Indigent litigants, those proceeding in forma pauperis, pay no fee for these services. The fees collected cover only a portion of the sheriffs’ costs for performing these services, and the remainder is subsidized by the county. Periodically, the statutes governing the fees that a sheriff may charge are revised to reflect increases in costs to the sheriff. Such fees were last increased in 2014 with the passage of AB 2256 (Garcia, Ch. 47, Stats. 2014) and prior to that they were increased in 2010 with the passage of AB 680 (Hall, Ch. 4, Stats. 2010). The bill is sponsored by the California State Sheriffs’ Association and supported by various sheriff’s offices. The bill is opposed by the California Association of Judgment Professionals.

PROPOSED CHANGES TO THE LAW

1. Existing law authorizes a $40 FEE for service of summons and complaint, and all documents or notices required to be served with it, for any action commenced in superior court, the cancellation of a summons prior to completion, and the making of a not-found return certifying the person cannot be found at the specified address. (Gov. Code § 26720.9 & 27621.2.)

This bill increases those fees to $50.

1. Existing law authorizes a $100 fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon. (Gov. Code § 26722.)

This bill raises that fee to $125.

1. Existing law authorizes a $135 fee for opening a safe-deposit box pursuant to sections of law authorizing the attachment to property in a safe-deposit box. (Gov. Code § 26723.)

This bill raises that fee to $170.

1. Existing law authorizes a $20 fee for serving or posting any additionally required notices or orders on other parcels for each parcel. (Gov. Code § 26725.1.)

This bill raises that fee to $25 for each parcel.

1. Existing law authorizes a $140 fee for keeping and caring for property under a writ of attachment, execution, possession or sale when necessarily employed for any eight-hour period or any part thereof. If an additional keeper or keepers are required the fee for the additional keeper or keepers is the same, except that no one keeper can receive more than $300 in any 24-hour period. (Gov. Code § 26726.(a))

This bill raises the above fees to $175 and $350, respectively.

1. Existing law provides that in addition to another specified fee, the fee for maintaining custody of property under levy by the use of a keeper is $40 for each day custody is maintained after the first day. (Gov. Code § 26726(b).)

This bill raises that fee to $50.

1. Existing law provides that a keeper is required to receive a $60 fee when a levying officer prepares a not-found return, as specified. (Gov. Code § 26726(c).)

This bill raises that fee to $75.

1. Existing law provides that the fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is $1 per page, except as provided. (Gov. Code § 26727.)

This bill raises that fee to $1.25 per page.

1. Existing law provides that the fee for preparing and posting additionally required notices of personal property sales, and the fee for furnishing a notice for publication is $15. (Gov. Code § 26728.1 & 26729.)

This bill raises those fees to $19.

1. Existing law provides that that the fee for conducting or postponing the sale of real or personal property as required by law or the litigant is $90. (Gov. Code § 26730.)

This bill raises that fee to $110.

1. Existing law provides that $18 of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 of the Government Code is to be deposited into a special fund and to be maintained and deposited, as specified. (Gov. Code § 26731.)

This bill raises that amount to $22.

1. Existing law provides that the fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is $85, and that the additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is $75. (Gov. Code § 26733.5.)

This bill raises those amounts to $105 and $75, respectively.

1. Existing law provides that the fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is $40. (Gov. Code § 26736.)

This bill raises that fee to $50.

1. Existing law provides that the fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is $35. (Gov. Code § 26738.)

This bill raises that fee to $50.

1. Existing law provides that the fee for the execution and delivery of a deed or certificate of redemption, and the fee for executing and delivering a certificate or deed of sale is $15. (Gov. Code §§ 26740 & 26741.)

This bill raises those fees to $19.

1. Existing law provides that the fees for processing a warrant for the arrest of a witness who failed to appear pursuant to a subpoena or court order is to be paid by the moving party and is as follows:
   1. $40 to receive and process the warrant or cancel service of the warrant.
   2. $85 if unable to find the person at the address specified using due diligence.
   3. $100 to arrest the person and release the person, as provided. (Gov. Code § 26744.5.)

This bill raises those fees to $50, $105, and $125, respectively.

1. Existing law provides for a $12 processing fee, in addition to any other fees, for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. (Gov. Code § 26746.) 26746.1, 26750.)

This bill raises that fee to $15.

1. Existing law requires a $20 fee be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code. (Gov. Code § 26746.1.)

This bill raises that fee to $25.

1. Existing law provides for a $35 fee for serving an earnings withholding order under the Wage Garnishment Law.

This bill raises that fee to $45.

COMMENTS

1. Stated need for the bill

The author writes:

Sheriffs’ Offices are required to serve civil process, including summons, warrants, evictions, wage garnishments, small claims documents, levies on property, writs, and other court orders. As part of this process, they are permitted to collect statutorily set fees to cover the cost of providing these services. These fees have not been increased since 2015 and have not kept pace with increasing personnel and resource costs, creating revenue deficits within Sheriffs’ civil units.

SB 564 modestly increases the statutorily capped fees Sheriffs’ Offices can collect to fulfill their legal process obligations to closer match the costs of providing that service and reflect inflation. This bill retains the existing fee waiver process to ensure low-income individuals are not disproportionately impacted by the fee increase.

1. Fee increases

This bill seeks to increase various statutorily prescribed fees authorized for the performance of service of various forms of process by sheriffs or marshals. As noted above, these fees were last raised in 2014 by AB 2256 (Garcia, Ch. 47, Stats. 2014). The author and sponsor note that that general cost of conducting business has risen since the last fee increase based on a number of things, including the cost of living, inflation, and employee salary increases. They state the statutory fee for keepers is insufficient to acquire and/or retain keepers to perform these duties, which is in direct conflict with requirements under the Civil Code that require Sheriffs’ Offices to perform the keeper process. Additionally, they point to the anticipated costs associated with implementation of recently enacted legislation, which requires a marshal or sheriff to accept an electronically signed notice or other process issued by a superior court in a civil action, including service of process and court documents. (AB 2791 (Bloom, Ch. 417, Stats. 2022).)

Chained inflation averaged 2.42% per year between 2014 and 2023, a total inflation amount of 23.99%. According to the U.S. Bureau of Labor Statistics CPI Inflation Calculator, none of the increases in fees that this bill makes exceed the inflation rate between 2014, the last time these fee amounts were raised, and the current year. Ultimately, raising the fees for service of process and other required notices always carries risks of restricting access to the courts. Any fee increase must balance the need for increased funds against this risk of foreclosing court resources. It should be noted that nothing in this bill would affect the current ability of a litigant to seek a waiver of the above sheriffs’ and marshals’ fees if the litigant cannot afford to pay those fees, though the proposed fee increases could feasibly increase the number of individuals seeking those waivers. (See Gov. Code §§ 26720.5, 68631; Cal. Rule of Court 3.55.)

1. Statements in support

The California State Sheriffs’ Association, the sponsor of the bill, writes in support stating:

Many of these fees have not been increased since 2015; they do not typically cover the costs of the services to which they are connected, and the fees have not kept pace with increasing personnel and resource costs creating revenue deficits within sheriffs’ civil units.

More specifically, the general cost of conducting business has risen since the last fee increase based on a number of things, including inflation as it relates to purchases of tools of the trade, employee salary increases, software programs, and vehicles and fuel costs, among others. Further, the anticipated costs associated with implementation of recently enacted legislation (AB 2791 of 2002), which requires sheriffs’ offices to accept documents electronically, are expected to be significant. These fees are paid by the persons seeking the service of process.

SB 564 would modestly increase and conform various fees that sheriffs’ offices are permitted to charge to fulfill their legal obligation to serve process to closer match the costs of providing that service. The bill also leaves in place the existing fee waiver process so that those seeking service who cannot afford the fee can apply for relief.

1. Statements in opposition

The California Association of Judgment Professionals writes in opposition seeking substantive changes to some of the sections being amended in the bill, claiming that they believe the statutes are being misinterpreted or are unclear. Those specific sections of the Government Code are 26721.2, 26736, 26738, and 26726. Additionally they want the nonsubstantive change to Section 26720 of the Government Code that was in the introduced version of the bill, which added a comma, put back into the bill.

SUPPORT

California State Sheriffs’ Association (sponsor)

Amador County Sheriff’s Office

Glenn County Sheriff’s Office

Humboldt County Sheriff’s Office

Lake County Sheriff's Office

Madera County Sheriff’s Office

Merced County Sheriff's Office

Modoc County Sheriff’s Office

Monterey County Sheriff’s Office

Napa County Sheriff’s Office

Orange County Sheriff’s Office

San Luis Obispo County Sheriff's Office

Santa Cruz County Sheriff’s Office

Shasta County Sheriff’s Office

Tuolumne County Sheriff’s Office

OPPOSITION

California Association of Judgment Professionals

RELATED LEGISLATION

Pending Legislation: None known.

Prior Legislation:

AB 2256 (Garcia, Ch. 47, Stats. 2014), among other things, raised many of the same fees as this bill.

AB 680 (Hall, Ch. 4, Stats. 2010), among other things, raised many of the same fees as this bill.

**************