Ga. Code § 15-16-21

Current through 2023-2024 Legislative Session Chapter 709
Section 15-16-21 - Fees for sheriff's services; disposition of fees
(a) In all counties in this state where the sheriff is paid on a salary only basis, this Code section shall apply as far as fees to be charged. Such fees shall be remitted to the county treasurer or fiscal officer of the county within 30 days of receipt.
(b) For the services of the sheriff in civil cases, the following fees shall be charged:

(1)

Serving copy of process and returning original, per copy

$ 50.00

(2)

Action from another county, to be paid in advance

50.00

(3)

Summoning each witness

10.00

(4)

Each levy or writ of fieri facias

50.00

(5)

Search and return of nulla bona

20.00

(6)

Serving summons of garnishment or rule against garnishee

50.00

If more than one, for each additional copy

6.00

(7)

Commissions on sales of property:

On sums of $50.00 or less

8%

On excess above $50.00 up to $550.00

6%

For all sums exceeding $550.00, on excess

3%

No commissions shall be charged unless property is actually sold

(8)

Making out and executing titles to land

50.00

If presented by purchaser

20.00

(9)

Executing bill of sale to personal property, when demanded by purchaser

20.00

(10)

Forthcoming bonds

13.00

(11)

Serving process against tenant over or intruder upon land to dispossess them

25.00

(12)

For dispossessing tenant or intruder

25.00

(13)

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted

13.00

(14)

Settling each execution in his or her hands, settled without sale

20.00

(15)

Levying an attachment

50.00

(16)

Reserved.

(17)

Reserved.

(18)

Reserved.

(19)

Reserved.

(20)

Collecting tax fi. fas. $100.00 or less, each

10.00

(21)

Collecting tax fi. fas. over $100.00, each

20.00

(c) For executing and returning any warrant or for serving a citation, the fees to which a sheriff is entitled as provided in this subsection shall be paid at the disposition of the criminal case. For summoning witnesses or taking bonds in criminal cases, the fees to which a sheriff is entitled as provided in this subsection shall be paid in advance prior to the sheriff's rendering such service. For the services of the sheriff in criminal cases, the following fees shall be charged:

(1)

Removing prisoner when habeas corpus is sought for his or her relief

$ 15.00

(2)

Removing prisoners under habeas corpus when no mileage is paid, per day

15.00

(3)

Attending persons taken by warrant to judge's chamber, for each time

4.50

(4)

Conducting prisoner before judge or court to and from jail

4.50

(5)

Executing and returning any warrant

25.00

(6)

Serving any citation issued pursuant to Article 10 of Chapter 10 of this title, relating to bad check prosecutions or any warrant

25.00

(7)

Summoning each witness

10.00

(8)

Taking bonds in criminal cases

20.00

(9)

Executing a warrant of escape

10.00

(10)

Service in every criminal case before a judge or a judge and jury

10.00

(d) For feeding prisoners confined in the common jail, such fees are to be paid as may be fixed by the fiscal authorities of the county who are authorized by law to fix such fees. The jail fees herein provided shall be paid monthly by the county, provided that local laws regulating county jails or fixing salaries for jailers or their fees shall not be repealed by this provision.
(e) All costs arising from services rendered in felony cases shall be paid from county funds whether the defendant is convicted or acquitted.
(f) Sheriffs shall be entitled to receive the fees provided for in this Code section for all arrests in all criminal cases tried or otherwise disposed of in the superior, city, state, and probate courts.
(g) All costs provided for under this Code section shall be paid at the clerk's office at the time of filing.
(h) No fee shall be assessed against the alleged victim of a violation of Code Section 16-5-90, 16-5-91, 16-6-1, 16-6-2, 16-6-3, 16-6-4, 16-6-5.1, 16-6-22.1, or 16-6-22.2 or against the alleged victim of any domestic violence offense for costs associated with the filing of criminal charges against the stalking offender, sexual offender, or domestic violence offender or for the issuance or service of a warrant, protective order, or witness subpoena arising from the incident of stalking, sexual assault, or domestic violence.

OCGA § 15-16-21

Amended by 2017 Ga. Laws 39,§ 1, eff. 5/1/2017.
Amended by 2011 Ga. Laws 245,§ 15, eff. 5/13/2011.
Amended by 2011 Ga. Laws 50,§ 1-62, eff. 7/1/2011.
Amended by 2010 Ga. Laws 360,§ 1-43, eff. 5/12/2010.
Amended by 2001 Ga. Laws 283, § 3, eff. 7/1/2001.