§ 52-261 — Fees and expenses of officers and persons serving process or performing other duties.

Connecticut § 52-261

• Jurisdiction: Connecticut
• Title 52: Civil Actions
• Ch. 901: Damages, Costs and Fees

Text

(a) Except as provided in subsection (b) of this section and section 52-261a, each officer or person who serves process, summons or attachments on behalf of: (1) An official of the state or any of its agencies, boards or commissions, or any municipal official acting in his or her official capacity, shall receive a fee of not more than fifty dollars for each process served and an additional fee of fifty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of twenty dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance; and (2) any person, except a person described in subdivision (1) of this subsection, shall receive a fee of not more than fifty dollars for each process served and an additional fee of fifty dollars for the second and each subsequent service of such process, except that such officer or person shall receive an additional fee of twenty dollars for each subsequent service of such process at the same address or for notification of the office of the Attorney General in dissolution and postjudgment proceedings if a party or child is receiving public assistance. Each such officer or person shall also receive the fee set by the Department of Administrative Services for state employees for each mile of travel, to be computed from the place where such officer or person received the process to the place of service, and thence in the case of civil process to the place of return. If more than one process is served on one person at one time by any such officer or person, the total cost of travel for the service shall be the same as for the service of one process only, except, if an officer or person is requested by the court or required by law to effectuate in-hand personal service, or for service pursuant to subsection (h) of section 46b-15, such officer or person shall receive the fee set by the Department of Administrative Services for state employees for each mile of travel of each round trip traveled while attempting to effectuate in-hand personal service, to be computed from the place where the process was received to the place of attempted service, and if multiple trips to effectuate service are made, back to the place where process was received and then to the place of the subsequent attempt at service, and thence in the case of civil process to the place of return provided the officer or person shall state in the return of service that in-hand personal service was requested or required, or that in-hand service was made pursuant to subsection (h) of section 46b-15, and that multiple trips were necessary to effectuate in-hand personal service. The officer or person requesting the receipt of such round trip travel shall make out a bill reciting the dates, times and results of each trip the officer or person traveled while attempting to effectuate in-hand personal service. The officer or person requesting the receipt of such fees for attempted round trip travel may only receive such fees from the Judicial Department when ordered by the court or by law to effectuate in-hand personal service and only when such in-hand personal service is effectuated, when in-hand personal service of process is made pursuant to subsection (h) of section 46b-15, or subsection (d) of section 46b-16a. Such payment from the Judicial Department of attempted round trip travel for in-hand service of process may be limited to three round trips, provided nothing in this section shall limit payment of a greater amount from the Judicial Department to an officer or person serving process. For service made pursuant to subsection (h) of section 46b-15, and subsection (d) of section 46b-16a, which was not effectuated in-hand, regardless of any attempts to effectuate service in-hand, the mileage fee shall be from the place where the process was received to the place of service, and thence in the case of civil process to the place of return. Where the court allows an applicant additional time to make service under subsection (c) of section 46b-15, for purposes of calculating the mileage fee for multiple trips, such extra time will be considered a continuation of the original attempts at service. Each officer or person who serves process shall also receive the moneys actually paid for town clerk's fees on the service of process. Each officer or person who serves process shall also receive the moneys actually paid for fees for the disclosure or search of records of the Department of Motor Vehicles in connection with the service of process. Any officer or person required to summon jurors by personal service of a warrant to attend court shall receive for the first ten miles of travel while so engaged, such mileage to be computed from the place where such officer or person receives the process to the place of service, twenty-five cents for each mile, and for each additional mile, ten cents. For summoning any juror to attend court otherwise than by personal service of the warrant, such officer or person shall receive only the sum of fifty cents and actual disbursements necessarily expended by such officer or person in making service thereof as directed. Notwithstanding the provisions of this section, for summoning grand jurors, such officer or person shall receive only such officer's or person's actual expenses and such reasonable sum for services as are taxed by the court. The following fees shall be allowed and paid: (A) For taking bail or bail bond, one dollar; (B) for copies of writs and complaints, exclusive of endorsements, one dollar per page, not to exceed a total amount of nine hundred dollars in any particular matter; (C) for endorsements, fifty cents per page or fraction thereof; (D) for service of a warrant for the seizure of intoxicating liquors, or for posting and leaving notices after the seizure, or for the destruction or delivery of any such liquors under order of court, twenty dollars; (E) for the removal and custody of such liquors so seized, reasonable expenses, and twenty dollars; (F) for the levy of an execution, when the money is actually collected and paid over, or the debt or a portion of the debt is secured by the officer, fifteen per cent on the amount of the execution, provided the minimum fee for such execution shall be fifty dollars; (G) on the levy of an execution on real property and on application for sale of personal property attached, to each appraiser, for each half day of actual service, reasonable and customary expenses; (H) for causing an execution levied on real property to be recorded, fees for travel, twenty dollars and costs; (I) for services on an application for the sale of personal property attached, or in selling mortgaged property foreclosed under a decree of court, the same fees as for similar services on executions; (J) for committing any person to a community correctional center, in civil actions, the fee set by the Department of Administrative Services for state employees for each mile of travel, from the place of the court to the community correctional center; (K) for summoning and attending a jury for reassessing damages or benefits on a highway, three dollars a day; (L) for any recording for which the recording fee is not otherwise prescribed by law, fifty dollars, costs and the fee set by the Department of Administrative Services for state employees for each mile of travel; and (M) for postage or international mailing costs incurred pursuant to a court order, actual expenses. The court shall tax as costs a reasonable amount for the care of property held by any officer under attachment or execution. The officer serving any attachment or execution may claim compensation for time and expenses of any person, in keeping, securing or removing property taken thereon, provided such officer shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. The compensation for the services shall be reasonable and customary and the amount of expenses and shall be taxed by the court with the costs. (b) Each officer or person shall receive the following fees: (1) For service and scheduling of an execution on a summary process judgment, or a foreclosure ejectment, not more than one hundred dollars and the fee set by the Department of Administrative Services for state employees for each mile of travel; (2) for removal under section 47a-42 of a defendant or other occupant bound by a summary process judgment, and the possessions and personal effects of such defendant or other occupant, not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; (3) for removal and taking of an inventory of possessions and personal effects of a defendant or other occupant bound by a summary process judgment under section 47a-42a , not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; (4) for removal under section 49-22 of a defendant or other occupant bound by a foreclosure judgment, and the possessions and personal effects of such defendant or other occupant, not more than one hundred dollars per hour and the fee set by the Department of Administrative Services for state employees for each mile of travel; and (5) for any execution or ejectment, the officer or person serving such execution or ejectment may claim compensation for time and expenses of any mover, locksmith or any other individual, in keeping, securing or removing property and the transportation incidental to such execution of ejectment, provided such officer or person shall make out a bill. The bill shall specify the labor done, and by whom, the time spent, the travel, the money paid, if any, and to whom and for what. See Sec. 12-162(c) re fees for execution of alias tax warrant.

Legislative History

(1949 Rev., S. 3622; 1953, S. 1979d; 1959, P.A. 28, S. 178; 152, S. 75; 615, S. 10; 1961, P.A. 122; 311; February, 1965, P.A. 574, S. 42; 1969, P.A. 297; P.A. 74-183, S. 92, 291; P.A. 75-479, S. 1, 25; P.A. 81-80, S. 1; 81-410, S. 5; P.A. 82-160, S. 132; P.A. 91-350, S. 2; June 18 Sp. Sess. P.A. 97-11, S. 60, 65; P.A. 99-157, S. 3; June Sp. Sess. P.A. 01-9, S. 69, 131; P.A. 03-224, S. 10; P.A. 14-87, S. 1; P.A. 16-64, S. 1; Sept. Sp. Sess. P.A. 20-1, S. 1; P.A. 22-26, S. 53.) History: 1959 acts deleted provisions for attending trials before justice of the peace and excepted state employees in classified service from payment for arrest in criminal cases; 1961 acts added proviso setting cost of travel at same amount where one, or more than one, process is served on one person at one time and added fee for setting prisoner at bar of circuit court for trial on indictment or information; 1965 act deleted reference to setting prisoner at bar of criminal court of common pleas, its criminal jurisdiction having been abolished; 1969 act substituted “community correctional center” for “jail”; P.A. 74-183 removed reference to personal service of warrant summoning juror “under the provisions of section 51-230” and replaced circuit court with court of common pleas, reflecting transfer of circuit court functions to common pleas court, effective December 1, 1974; P.A. 75-479 amended provisions to add proviso allowing increased mileage allowance where more than one prisoner is transported at same time and to delete reference to fee for setting prisoner at bar of superior court or court of common pleas for trial on one indictment or information; P.A. 81-80 increased the fee for service of process to not more than $20 for each process served and an additional $5 for the second and each subsequent defendant upon whom process is served, increased the fee for copies of writs and complaints from $0.60 to $1.00 per page; increased the fee for levying an execution from 3% to 6% on the amount of execution and exempted officers or persons who serve process for the state or transport prisoners from the provisions of this section, deleting former provisions re fees for transporting and holding prisoners, etc.; P.A. 81-410 eliminated provision re fee of 2% of execution when execution is levied on the body of the debtor and he is committed to a community correctional center; P.A. 82-160 rephrased the section and inserted Subdiv. indicators; P.A. 91-350 added “summons or attachments” after “process”, increased fee for second and subsequent defendant upon whom process is served from $5 to $10, increased fee for travel from $0.20 to $0.21 for each mile, deleted fee of $0.20 for serving summons or attachment by reading or copy, added limit of $900 in any particular matter for fees for copies of writs and complaints, increased fee for service of warrant and seizure of liquor from $1.00 to $20, increased the fee for removal and custody of seized liquor from $1.00 to $20, increased the fee for levying an execution from 6% to 10% of the amount of execution and added a minimum fee of $20, deleted specific fees for levy of execution on real property and added “reasonable and customary expenses”, increased fee for recording execution on real property from $0.50 to $20 and costs, increased fee for committing person to correctional center in civil actions from $0.20 to $0.21 a mile for travel and changed the compensation for services of property held by any officer under attachment or execution from “fixed on the basis of two dollars per hour” to “reasonable and customary”; June 18 Sp. Sess. P.A. 97-11 changed travel allowance from $0.21 per mile to fee set by Department of Administrative Services for state employees per mile, effective July 1, 1997; P.A. 99-157 designated existing provisions as Subsec. (a) and amended said Subsec. to add exception re Subsec. (b) and make provisions gender neutral and added new Subsec. (b) to establish maximum fee of $50 for service of an execution on a summary process judgment and $75 per hour for removal of a tenant or occupant and such tenant's or occupant's property after a summary process judgment; June Sp. Sess. P.A. 01-9 amended Subsec. (a) to increase fee for service of process, summons or attachment from $20 to $30, effective July 1, 2001; P.A. 03-224 amended Subsec. (a) by making technical changes, increasing fee for second and each subsequent service of process from $10 to $30, adding provision re additional $10 fee for subsequent service of process at the same address or notification of the office of the Attorney General re party or child receiving public assistance and, in Subdiv. (6), adding “or a portion of the debt is”, deleting “to the acceptance of the creditor”, increasing percentage amount of execution from 10% to 15% and increasing minimum fee from $20 to $30, effective July 2, 2003; P.A. 14-87 amended Subsec. (a) by designating existing provision re fee for service of process, summons or attachments as new Subdiv. (1) and amending same to add provision re service on behalf of an official of the state or any of its agencies, boards or commissions, or any municipal official acting in his or her official capacity, by adding new Subdiv. (2) re fee for service of process, summons or attachments on behalf of any person except a person described in Subdiv. (1) and by redesignating existing Subdivs. (1) to (11) as Subparas. (A) to (K), and amended Subsec. (b)(2) by increasing the hourly fee charged for removal under a summary process judgment from $75 to $100; P.A. 16-64 amended Subsec. (a) by adding Subpara. (L) re reasonable fee for any recording for which recording fee is not otherwise prescribed by law; Sept. Sp. Sess. P.A. 20-1 amended Subsec. (a) by adding provision re moneys actually paid for fees for disclosure or search of records of the Department of Motor Vehicles and adding Subpara. (M) re actual expenses for postage or international mailing costs, effective October 2, 2020; P.A. 22-26 amended Subsec. (a)(1) by increasing fee for process served from $30 to $50, increasing fee for second and subsequent process served from $30 to $50, increasing fee for subsequent process served at the same address from $10 to $20, amended Subsec. (a)(2) by increasing fee for process served from $40 to $50, increasing fee for second and subsequent process served from $40 to $50, further amended Subsec. (a) by adding provision re calculating mileage fees incurred when effectuating in-hand personal service pursuant to Sec. 46b-15 or Sec. 46b-16a, increasing per page fees for endorsements from $0.40 to $0.50 in Subpara. (A), increasing minimum fee for levy of an execution from $30 to $50 in Subpara. (F), replacing $0.21 a mile for travel with fee set by Department of Administrative Services for state employees for each mile of travel in Subpara. (J) and replacing “a reasonable fee” with $50 plus costs and fees re recording fee not otherwise prescribed by law in Subpara. (L) and amended Subsec. (b)(1) by increasing fee for service and scheduling of execution on summary process judgment or foreclosure ejectment from not more than $50 to not more than $100 and fee set by Department of Administrative Services for state employees for each mile of travel, adding the fee set by Department of Administrative Services for state employees for each mile of travel in Sec. (b)(2), adding Subsec. (b)(3) re fee of not more than $100 plus mileage for taking of inventory of possessions under Sec. 47a-42a, adding Subsec. (b)(4) re fee of not more than $100 plus mileage for removal under Sec. 49-22 and adding Subsec. (b)(5) re billing for compensation for certain time and expenses incurred in serving an execution or ejectment. Subsec. (a)(2) is ambiguous as to whether the process server must actually make copies in order to earn fees for copies, but legislative history shows clear legislative intent that fee for copies be paid regardless of who actually made the copies. 303 C. 292. Subsec. (a)(F) is ambiguous as to whether fee of fifteen per cent of the amount of an execution is available to process server only in those circumstances in which process server personally collects and pays money to a judgment creditor, but rules of grammar, genealogy of the statute and common sense dictate that the fee is not limited to circumstances in which process server personally collects and pays money to judgment creditor; judgment creditor may not avoid fifteen per cent fee by ignoring writ of execution or pursuing further enforcement proceedings in the courts. 327 C. 467.