(1) Fees collected by sheriffs shall be as follows:
(a) For serving and returning summonses or other writ of process in a
criminal action not specified in this section, with or without complaint attached, on
each party served, in counties of every class, actual expenses, but not more than
fifteen dollars;
(a.5) For serving and returning a summons or other writ of process in other
than a criminal action not specified in this section, with or without complaint
attached, on each party served, in counties of every class, actual expenses, but not
more than thirty-five dollars;
(b) For making a return on a summons in a criminal action not served, for
each party, in counties of every class, actual expenses, but not more than five
dollars;
(b.5) For making a return on a summons in other than a criminal action not
served, for each party, in counties of every class, actual expenses, but not more
than twenty dollars;
(c) For serving and returning each subpoena in a criminal action on each
witness, in counties of every class, actual expenses, but not more than seven
dollars and fifty cents;
(c.5) For serving and returning each subpoena in other than a criminal action
on each witness, in counties of every class, actual expenses, but not more than
sixty dollars;
(d) For making return on a subpoena in a criminal action not served, in
counties of every class, five dollars;
(d.5) For making a return on a subpoena in other than a criminal action not
served, in counties of every class, actual expenses, but not more than twenty
dollars;
(e) For serving each juror in counties of every class, ten dollars;
(f) For serving and returning writ of attachment or replevin on each party, in
counties of every class, mileage, as described in paragraph (h.5) of this subsection
(1), and actual expenses;
(g) For serving garnishee summons on each party, in counties of every class,
actual expenses, but not more than twenty dollars;
(h) Mileage for each mile actually and necessarily traveled in serving each
writ, subpoena, or other process in a criminal action, not less than twelve cents nor
more than the maximum mileage allowance provided for state officers and
employees under section 24-9-104, C.R.S., as determined by resolution of the board
of county commissioners of each county or as provided by the charter of a home
rule county; except that actual and not constructive mileage shall be allowed in all
cases; and, where more than one warrant is served by any officer on one trip, the
actual mileage only shall be allowed such officer, and the actual mileage shall be
apportioned among the several warrants served on the trip;
(h.5) For mileage:
(I) Not to exceed the mileage rate authorized for county officials and
employees pursuant to section 30-11-107 (1)(t), for each mile actually and
necessarily traveled in serving each writ, subpoena, or other process in an action
other than a criminal action; or
(II) A sheriff may establish a zone- or zip code-based mileage fee structure.
The zone- or zip code-based mileage fee structure shall establish a single mileage
fee for the service of any writ, subpoena, or other process in an action, other than a
criminal action, in each separate zone or zip code, as applicable, in the county. The
applicable single mileage fee for a zone or zip code shall be charged for all papers
served in the zone or zip code regardless of the number of attempts or actual
mileage traveled by a sheriff within the zone or zip code during a sheriff's
operational period. The single mileage fees for each zone or zip code shall be set by
resolution of the board of county commissioners for the county and posted
pursuant to section 30-1-108.
(i) In making demand for payment on executions when payment is not made,
in counties of every class, one dollar;
(j) For levying execution or writ of attachment, besides actual custodial and
transportation costs necessarily incurred in counties of every class, mileage, as
described in paragraph (h.5) of this subsection (1), and actual expenses;
(k) For levying writ of replevin, besides actual custodial and transportation
costs necessarily incurred in counties of every class, mileage, as described in
paragraph (h.5) of this subsection (1), and actual expenses;
(l) No custodian shall be appointed by the sheriff to take custody of goods by
him or her attached, nor shall any deputy be placed in charge thereof, unless the
plaintiff or his or her attorney shall request the appointment of such custodian in
writing; such custodian or deputy shall receive twelve dollars per diem of twelve
hours, or fraction thereof, which shall be taxed as costs in the case;
(m) For making and filing for record a certificate of levy on attachment or
other cases, in counties of every class, actual expenses, but not more than thirty
dollars;
(n) For committing and discharging convicted prisoners to and from the
county jail, in counties of every class, a reasonable fee, not to exceed thirty dollars,
which fee shall be collected directly from prisoners at the time of commitment, but
shall be refunded to any prisoner who is not convicted;
(o) For serving writ with aid of posse comitatus with actual expenses
necessarily incurred in executing said writ, in counties of every class, actual
expenses, but not more than sixty dollars; for serving same without aid in counties
of every class, actual expenses, but not more than four dollars;
(p) For attending before any judge, court not being in session, with prisoners
with writ of habeas corpus for each day of twelve hours, or fraction thereof, in
counties of every class, twelve dollars;
(q) For attending courts of record when in session, per diem of twelve hours,
or fraction thereof, in counties of every class, twelve dollars; but the attendance
upon the county court shall be certified by the judge of said court at the close of
each month;
(r) For advertising property for sale, besides the actual cost of the
advertising, in counties of every class, actual expenses, but not more than thirty
dollars;
(s) For making certificates of sale previous to execution of deed, or on sales
of personal property, in counties of every class, actual expenses, but not more than
thirty dollars;
(t) For executing and acknowledging deed of sale of real estate, in counties
of every class, actual expenses, but not more than forty dollars;
(u) For taking, approving, and returning bond in any case, in counties of every
class, a reasonable fee, not to exceed ten dollars;
(v) For executing capias or warrant in criminal cases, on each prisoner named
therein, in counties of every class, two dollars;
(w) For transporting insane or other prisoners, besides the actual expenses
necessarily incurred, in counties of every class, not less than twelve cents per mile
nor more than the maximum mileage allowance provided for state officers and
employees under section 24-9-104, C.R.S., as determined by resolution of the board
of county commissioners of each county or as provided by the charter of a home
rule county, and for the service of mittimus or other process order, whether written
or otherwise, in transporting prisoners, in counties of every class, not less than
twelve cents per mile nor more than the maximum mileage allowance provided for
state officers and employees under section 24-9-104, C.R.S., as determined by
resolution of the board of county commissioners of each county or as provided by
the charter of a home rule county; except that such mileage shall be only by one
officer and no mileage shall be charged upon the guards attending the officer
having custody of the prisoner and further except that the guards attending the
officer in charge of the prisoner shall receive, besides the expenses necessarily
incurred, the sum of twelve dollars per diem of twelve hours, or fraction thereof, to
be paid out of the county treasury;
(x) For his or her services in sales of real estate on an execution or decree,
order of court, or other court process, besides actual expenses, in counties of every
class on all bids under three thousand dollars, twenty dollars; and on all sums bid
over three thousand dollars, one percent; but such commission shall in no case
exceed the sum of one hundred dollars;
(y) For money collected by sale of personal property, in counties of every
class, on all sums bid under five hundred dollars, five percent; on all sums bid over
five hundred dollars and under one thousand dollars, six percent; and on all sums
bid over one thousand dollars, seven percent; but no fee shall be charged for an
auctioneer or other person for making sales of personal property; and in no case
shall such commission exceed the sum of one hundred dollars;
(z) For money collected or settlements made without sale, after writ of
execution, attachment, or replevin has been placed in his or her hands and levy or
demand for payment has been made on the proper party, in counties of every class,
on all amounts under five hundred dollars, three percent; on all amounts over five
hundred dollars and under one thousand dollars, two percent; and on all amounts
over one thousand dollars, one and one-half percent; but the fee in no case shall
exceed the sum of one hundred and fifty dollars; and the plaintiff or any person
making any settlement shall be liable to the sheriff for such fees;
(aa) For pursuing and capturing, or pursuit without capture, when previously
authorized by the board of county commissioners, each prisoner charged with the
commission of any crime denominated a felony, beyond the limits of said county, in
counties of every class, all necessary expenses of such pursuit, upon a verified,
itemized account being presented for the same, together with twelve dollars per
diem of twelve hours for the time occupied in such pursuit;
(bb) For serving and returning writ of ne exeat or body attachment, in
counties of every class, actual expenses, but not more than twenty dollars;
(cc) For serving copy of execution when making levy on shares of stock
under execution, on each party served, in counties of every class, actual expenses,
but not more than sixty dollars;
(dd) For making certificates of levy on shares, or otherwise, in counties of
every class, actual expenses, but not more than thirty dollars;
(ee) For making return on execution, in counties of every class, actual
expenses, but not more than sixty dollars;
(ff) For executing certificate of redemption, in counties of every class, actual
expenses, but not more than thirty dollars;
(gg) For service and execution of any writ of restitution or order of
possession of premises, besides actual transportation costs necessarily incurred in
counties of every class, actual expenses not to exceed two hundred dollars; except
that a sheriff may charge for actual expenses in excess of two hundred dollars if
the work performed exceeds two hours in duration. A sheriff may charge a fee
under this paragraph (gg) after the sheriff has provided a detailed accounting of his
or her actual expenses to the person requesting such service. Actual transportation
costs assessed pursuant to this paragraph (gg) shall only be charged once per
location for each service or execution.
(1.5) If the cost of serving any writ of restitution or order of possession of
premises may be provided at a lower cost to a county by a private provider, such
county shall contract with a private provider pursuant to a competitive bidding
system in which a contract to provide the service of such writs is awarded to the
lowest bidder. The provisions of this subsection (1.5) shall not be deemed to
authorize that services related to the execution of any writ of restitution or order of
possession of premises be provided through private contracting.
(2) As used in this section, actual expenses means those personnel and
processing costs incurred in typing, processing, filing, and serving said process
papers but does not include mileage. Subject to the limitations contained in this
section, the fee for each type of service shall be fixed by ordinance or resolution.