§ 21-6-412 — Commissioners to sell property

(a) (1) Commissioners appointed to make sales of real property under judicial decrees shall be allowed the following fees as compensation for such services: (A) On sales for $ 1.00 to $ 500 ........................................ $10.00 (B) On sales for 500 to 2,500 ........................................ 15.00 (C) On sales for 2,500 to 5,000 ........................................ 20.00 (D) On sales for 5,000 to 10,000 ...................................... 25.00 (E) On sales for 10,000 to 20,000 ...................................... 30.00 (F) On sales for 20,000 to 35,000 ...................................... 35.00 (G) On sales for 35,000 or more, one-tenth of one percent (0.1%). (2) Commissioners appointed to make sales of personal property under judicial decrees shall be allowed as compensation for such services the fee prescribed by the judge of the court that issued the decree. (b) In lieu of the fees provided for in this section, the court may set reasonable fees for commissioners based upon services rendered on sales under thirty-five thousand dollars ($35,000). (c) (1) (A) If the circuit clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the circuit clerk's office under this section shall be: (i) Collected by the circuit clerk and paid into the county treasury to the credit of a fund to be known as the "circuit clerk commissioner's fee fund"; and (ii) Used exclusively by the circuit clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of circuit clerk. (B) Moneys deposited into the fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the circuit clerk. (2) (A) If the county clerk's office is appointed as commissioner for a sale of real or personal property under judicial decree, the fee awarded to the county clerk's office under this section shall be: (i) Collected by the county clerk and paid into the county treasury to the credit of a fund to be known as the "county clerk commissioner's fee fund"; and (ii) Used exclusively by the county clerk's office for the following purposes and in the following order: (a) To offset administrative costs associated with the performance of the commissioner's duties; and (b) For general operational expenses of the office of county clerk. (B) Moneys deposited into the county clerk commissioner's fee fund shall be appropriated and expended for the uses designated in this section by the quorum court at the direction of the county clerk.

Legislative History

Amended by Act 2015, No. 159,§ 1, eff. 7/22/2015. Amended by Act 2013, No. 291,§ 1, eff. 8/16/2013. Acts 1875, No. 77, § 52, p. 167; 1917, No. 251, § 1, p. 1324; C. & M. Dig., §§ 4581, 4582; Pope's Dig., §§ 5666, 5667; A.S.A. 1947, §§ 12-1712, 12-1713; Acts 1989, No. 32, § 1; 1989, No. 751, § 1; 1995, No. 1296, § 79; 2003, No. 1740, § 1.