Montana Code 7-32-2141. Fees of sheriff
7-32-2141. Fees of sheriff. (1) For the services provided in subsections (1)(a) through (1)(n), the sheriff shall receive the fees, if any, set by the county governing body. If fees have not been set by the county governing body, the sheriff shall receive the following:
Terms Used In Montana Code 7-32-2141
- Arrest: Taking physical custody of a person by lawful authority.
- Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Notice: includes all papers and orders, except process, required to be served in any proceeding before a court, board, or officer or required by law to be served independently of the proceeding. See Montana Code 7-32-2131
- Person: includes a corporation or other entity as well as a natural person. See Montana Code 1-1-201
- Process: includes all writs, warrants, summons, and orders of courts of justice or judicial officers. See Montana Code 7-32-2131
- Property: means real and personal property. See Montana Code 1-1-205
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Subpoena: A command to a witness to appear and give testimony.
- Summons: Another word for subpoena used by the criminal justice system.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
- Writ: A formal written command, issued from the court, requiring the performance of a specific act.
- Writ: means an order in writing issued in the name of the state or of a court or judicial officer. See Montana Code 1-1-202
(a)for the service of summons and complaint on each defendant, $5;
(b)for making a return of a summons for a person not found in the county, in addition to actual mileage traveled, $5;
(c)for levying and serving each writ of attachment of execution on real or personal property, $5;
(d)for service of attachment on the body or order of arrest on each defendant, $5;
(e)for the service of affidavit, order, and undertaking in claim and delivery, $5;
(f)for serving a subpoena, $2.50 for each witness summoned;
(g)for serving a writ of possession or restitution, $5;
(h)for trial of the right of property or damages, including all services except mileage, $7;
(i)for taking bond or undertaking in any case authorized by law, $5;
(j)for serving every notice, rule, or order, $5 for each person served;
(k)for a copy of any writ, process, or other paper when demanded or required by law, 25 cents for each page;
(l)for posting notices and advertising any property for sale on execution or under any judgment or order of sale, exclusive of cost of publication, $5;
(m)for holding any sheriff’s sale for personal or real property on execution or under any judgment or order of sale, $7.50;
(n)for cancellation or postponement of sheriff’s sale, $5.
(2)All fees collected by the sheriff for the services provided in subsection (1) must be paid to the county treasurer as provided in 7-4-2511(1), and the fees must be deposited by the county treasurer in the general fund of the county unless the county has instituted a public safety levy, in which case the fees must be deposited in the account established pursuant to 7-6-2513.