Kentucky Statutes 64.090 – Fees charged by sheriffs
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(1) Sheriffs may charge and collect the following fees from the Commonwealth and any of its agencies, including the Department of Kentucky State Police, when the source of payment is not otherwise specified, if the Commonwealth, any of its agencies, or the Department of Kentucky State Police makes a request that the sheriff perform any of the following:
(a) Executing and returning process……………………………………………………. $20.00; (b) Serving an order of court and return …………………………………………………. 3.00; (c) Summoning or subpoenaing each witness, fee to be paid by requester
to sheriff before service ………………………………………………………………… 10.00; (d) Summoning an appraiser or reviewer ……………………………………………….. 2.00; (e) Attending a surveyor, when ordered by a
court, per deputy or sheriff assigned ……………………………………………….. 20.00; (f) Taking any bond that he is authorized or
required to take in any action …………………………………………………………… 5.00; (g) Collecting money under execution or distress warrant, if the debt is paid or the
property sold, or a delivery bond given and not complied with, six percent
(6%) on the first three hundred dollars ($300) and three percent (3%) on the residue; when he or she levies an execution or distress warrant, and the defendant replevies the debt, or the writ is stayed by legal proceedings or by the order of the plaintiff, half of the above commissions, to be charged to the plaintiff and collected as costs in the case;
(h) Taking a recognizance of a witness ………………………………………………….. 3.00; (i) Levying an attachment ……………………………………………………………………. 5.00; (j) When property attached is sold by an officer other than the officer levying the
attachment, the court shall, in the judgment, make the officer an additional
and reasonable allowance for levying the attachment, and the fee of the officer selling the property shall be lessened by that sum. Reasonable charges for removing and taking care of attached property shall be allowed by order of court;
(k) Summoning a garnishee ………………………………………………………………….. 3.00; (l) Summoning a jury in a misdemeanor case, attending the trial, and
conducting the defendant to jail, to be paid by the party
convicted …………………………………………………………………………………….. 8.00; (m) Serving process or arresting the party in
misdemeanor cases, to be paid by the plaintiff …………………………………. 30.00; (n) Serving an order or process of revivor ………………………………………………. 3.00; (o) Executing a writ of possession against each tenant or defendant ………….. 7.00; (p) Executing a capias ad satisfaciendum, the same commission as collecting
money on execution. If the debt is not paid, but stayed or secured, half
commission;
(q) Summoning and attending a jury in a case of forcible entry and
detainer, besides fees for summoning witnesses ………………………………… 8.00; (r) Collecting militia fines and fee-bills, ten percent (10%), to be deducted out of
the fee-bill or fine;
(s) Levying for a fee-bill ……………………………………………………………………… 3.00; (t) Serving a notice ……………………………………………………………………………… 2.00; (u) Serving summons, warrants or process of arrest in cases of
children born out of wedlock …………………………………………………………… 6.00; (v) Serving a civil summons in a nonsupport case …………………………………. 10.00; (w) Serving each order appointing surveyors of
roads, to be paid out of the county levy …………………………………………….. 5.00; (x) Serving each summons or order of court in applications concerning
roads, to be paid out of the county levy if the road is established,
and in all other cases to be paid by the applicant ………………………………… 5.00; (y) Like services in cases of private passways to
be paid by the applicant ………………………………………………………………….. 5.00; (z) Executing each writ of habeas corpus, to be
paid by the petitioner ……………………………………………………………………… 3.00; (aa) All services under a writ issued under
KRS § 381.460 to KRS § 381.570 ………………………………………………………………. 10.00; (bb) Fingerprinting persons for professional, trade, or commercial
purposes, or for personal use, per set of impressions …………………………. 10.00; (cc) Taking or copying photographs for professional, trade,
or commercial purposes, or for personal use, per photograph …………..5.00; and
(dd) For services in summoning grand and petit jurors and performing his or her duties under KRS Chapter 29A the sheriff shall be allowed, for each person so summoned, and paid out of the State Treasury for constructive service the sum of $1.50 and for personal service the sum of $3.00.
(2) Sheriffs shall charge and collect a fee of sixty dollars ($60) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its agencies, or the Department of Kentucky State Police for the services provided in subsection (1) of this section where a percentage, commission, or reasonable fee is not otherwise allowed. If a percentage, commission, or reasonable fee is allowed, that amount shall be paid. If payment is specified from a person other than the person who requested the service, then the person specified shall be responsible for payment.
(3) Sheriffs may charge and collect a fee of twenty-five dollars ($25) for the handling of an impounded vehicle and a fee of twenty-five dollars ($25) per day for the storage of an impounded vehicle.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 46, sec 1, effective March 22, 2019; and ch. 164, sec. 1, effective June 27, 2019. — Amended 2014 Ky. Acts ch. 135, sec. 2, effective July 15, 2014. — Amended 2007 Ky. Acts ch. 85, sec. 137, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 255, sec. 1, effective January 1, 2007. — Amended 2005
Ky. Acts ch. 43, sec. 1, effective June 20, 2005. — Amended 2002 Ky. Acts ch. 194, sec. 1, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 248, sec. 2, effective July 15, 1996. — Amended 1984 Ky. Acts ch. 16, sec. 2, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 159, sec. 4, effective July 15, 1982; and ch. 385, sec.
15, effective July 1, 1982. — Amended 1978 Ky. Acts ch. 162, sec. 2, effective June
17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 77, effective January 1, 1978. — Amended 1962 Ky. Acts ch. 253, sec. 1. — Amended 1952 Ky. Acts ch. 72, sec. 1. — Amended 1944 Ky. Acts ch. 25, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 354, 357, 1726.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 46 and 164, which do not appear to be in conflict and have been codified together.
(a) Executing and returning process……………………………………………………. $20.00; (b) Serving an order of court and return …………………………………………………. 3.00; (c) Summoning or subpoenaing each witness, fee to be paid by requester
Terms Used In Kentucky Statutes 64.090
- Action: includes all proceedings in any court of this state. See Kentucky Statutes 446.010
- 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.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- State: when applied to a part of the United States, includes territories, outlying possessions, and the District of Columbia. See Kentucky Statutes 446.010
- Statute: A law passed by a legislature.
- 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.
to sheriff before service ………………………………………………………………… 10.00; (d) Summoning an appraiser or reviewer ……………………………………………….. 2.00; (e) Attending a surveyor, when ordered by a
court, per deputy or sheriff assigned ……………………………………………….. 20.00; (f) Taking any bond that he is authorized or
required to take in any action …………………………………………………………… 5.00; (g) Collecting money under execution or distress warrant, if the debt is paid or the
property sold, or a delivery bond given and not complied with, six percent
(6%) on the first three hundred dollars ($300) and three percent (3%) on the residue; when he or she levies an execution or distress warrant, and the defendant replevies the debt, or the writ is stayed by legal proceedings or by the order of the plaintiff, half of the above commissions, to be charged to the plaintiff and collected as costs in the case;
(h) Taking a recognizance of a witness ………………………………………………….. 3.00; (i) Levying an attachment ……………………………………………………………………. 5.00; (j) When property attached is sold by an officer other than the officer levying the
attachment, the court shall, in the judgment, make the officer an additional
and reasonable allowance for levying the attachment, and the fee of the officer selling the property shall be lessened by that sum. Reasonable charges for removing and taking care of attached property shall be allowed by order of court;
(k) Summoning a garnishee ………………………………………………………………….. 3.00; (l) Summoning a jury in a misdemeanor case, attending the trial, and
conducting the defendant to jail, to be paid by the party
convicted …………………………………………………………………………………….. 8.00; (m) Serving process or arresting the party in
misdemeanor cases, to be paid by the plaintiff …………………………………. 30.00; (n) Serving an order or process of revivor ………………………………………………. 3.00; (o) Executing a writ of possession against each tenant or defendant ………….. 7.00; (p) Executing a capias ad satisfaciendum, the same commission as collecting
money on execution. If the debt is not paid, but stayed or secured, half
commission;
(q) Summoning and attending a jury in a case of forcible entry and
detainer, besides fees for summoning witnesses ………………………………… 8.00; (r) Collecting militia fines and fee-bills, ten percent (10%), to be deducted out of
the fee-bill or fine;
(s) Levying for a fee-bill ……………………………………………………………………… 3.00; (t) Serving a notice ……………………………………………………………………………… 2.00; (u) Serving summons, warrants or process of arrest in cases of
children born out of wedlock …………………………………………………………… 6.00; (v) Serving a civil summons in a nonsupport case …………………………………. 10.00; (w) Serving each order appointing surveyors of
roads, to be paid out of the county levy …………………………………………….. 5.00; (x) Serving each summons or order of court in applications concerning
roads, to be paid out of the county levy if the road is established,
and in all other cases to be paid by the applicant ………………………………… 5.00; (y) Like services in cases of private passways to
be paid by the applicant ………………………………………………………………….. 5.00; (z) Executing each writ of habeas corpus, to be
paid by the petitioner ……………………………………………………………………… 3.00; (aa) All services under a writ issued under
KRS § 381.460 to KRS § 381.570 ………………………………………………………………. 10.00; (bb) Fingerprinting persons for professional, trade, or commercial
purposes, or for personal use, per set of impressions …………………………. 10.00; (cc) Taking or copying photographs for professional, trade,
or commercial purposes, or for personal use, per photograph …………..5.00; and
(dd) For services in summoning grand and petit jurors and performing his or her duties under KRS Chapter 29A the sheriff shall be allowed, for each person so summoned, and paid out of the State Treasury for constructive service the sum of $1.50 and for personal service the sum of $3.00.
(2) Sheriffs shall charge and collect a fee of sixty dollars ($60) from any person not requesting the service of the sheriff on behalf of the Commonwealth, any of its agencies, or the Department of Kentucky State Police for the services provided in subsection (1) of this section where a percentage, commission, or reasonable fee is not otherwise allowed. If a percentage, commission, or reasonable fee is allowed, that amount shall be paid. If payment is specified from a person other than the person who requested the service, then the person specified shall be responsible for payment.
(3) Sheriffs may charge and collect a fee of twenty-five dollars ($25) for the handling of an impounded vehicle and a fee of twenty-five dollars ($25) per day for the storage of an impounded vehicle.
Effective: June 27, 2019
History: Amended 2019 Ky. Acts ch. 46, sec 1, effective March 22, 2019; and ch. 164, sec. 1, effective June 27, 2019. — Amended 2014 Ky. Acts ch. 135, sec. 2, effective July 15, 2014. — Amended 2007 Ky. Acts ch. 85, sec. 137, effective June 26, 2007. — Amended 2006 Ky. Acts ch. 255, sec. 1, effective January 1, 2007. — Amended 2005
Ky. Acts ch. 43, sec. 1, effective June 20, 2005. — Amended 2002 Ky. Acts ch. 194, sec. 1, effective July 15, 2002. — Amended 1996 Ky. Acts ch. 248, sec. 2, effective July 15, 1996. — Amended 1984 Ky. Acts ch. 16, sec. 2, effective July 13, 1984. — Amended 1982 Ky. Acts ch. 159, sec. 4, effective July 15, 1982; and ch. 385, sec.
15, effective July 1, 1982. — Amended 1978 Ky. Acts ch. 162, sec. 2, effective June
17, 1978. — Amended 1976 (1st Extra. Sess.) Ky. Acts ch. 22, sec. 77, effective January 1, 1978. — Amended 1962 Ky. Acts ch. 253, sec. 1. — Amended 1952 Ky. Acts ch. 72, sec. 1. — Amended 1944 Ky. Acts ch. 25, sec. 1. — Recodified 1942 Ky. Acts ch. 208, sec. 1, effective October 1, 1942, from Ky. Stat. secs. 354, 357, 1726.
Legislative Research Commission Note (6/27/2019). This statute was amended by 2019
Ky. Acts chs. 46 and 164, which do not appear to be in conflict and have been codified together.