NOTE: §5807.2 eff. until the issuance of a recommendation by the Judicial Council. See Acts 2018, No. 457.

§5807.2. Fees and costs; Hammond city marshal

A. Notwithstanding the provisions of R.S. 13:5807, the marshal of the city of Hammond shall be entitled to the following fees of office and no more in civil matters:

(1) For making service and return of citation with or without petition on each defendant, nine dollars.

(2) For making service and return of supplemental or amended petition with or without accompanying citation, nine dollars.

(3) For making service and return of interrogatories and notice of cross interrogatories, nine dollars.

(4) For making service and return of garnishment under writ of fieri facias, twelve dollars.

(5) For making service and return of writ of attachment on each witness, ten dollars.

(6) For making service and return of writ of sequestration, ten dollars.

(7) For taking bond authorized by law, ten dollars.

(8) For making service and return of notice of judgment, nine dollars.

(9) For making service and return of citation and petition for appeal and order, nine dollars.

(10) For return on writ of fieri facias, ten dollars.

(11) For making service and return of citations requiring personal service, ten dollars, to-wit: rule nisi, subpoena, subpoena duces tecum, judgment debtor.

(12) For keeping property under seizure by any writ or process, fees to be fixed by the court after service of notice to the parties or their attorneys of record in the suit.

(13) For collecting money pursuant to an execution of an order of seizure and sale or a writ, without either seizure or sale, six percent, with a minimum of ten dollars for each execution or order of seizure and sale.

(14) For serving each order of court not otherwise herein specially provided for, nine dollars.

(15) For each mile or fraction thereof actually and necessarily traveled in going to and returning from the service of any process of court, the marshal of the city of Hammond shall be reimbursed at a rate equal to that rate established for state employees by the division of administration.

B. No constructive mileage shall be allowed. When different processes in the same case or processes of court in different cases are served on the same official tour of the marshal, the actual mileage traveled shall be prorated.

C. Notwithstanding any provision of law to the contrary, but in accordance therewith, the marshal of the city of Hammond shall be entitled to a minimum fee of office of ten dollars for each service described in Subsection A of this Section. In addition to the minimum salary provided in > R.S. 13:1883(A)(5), the marshal of the city of Hammond is authorized to use up to thirty-nine thousand five hundred eighty-six dollars of the fees collected annually pursuant to provisions of this Section to supplement his salary and benefits. The total compensation and benefits paid to the marshal of the city of Hammond shall not exceed one hundred eleven thousand five hundred eighty-five dollars annually. The remainder of the fees and commissions collected shall be used to defray operational expenses of the office as may be useful and necessary for the proper conduct of the office of the marshal.

Added by Acts 1992, No. 991, §1. Amended by Acts 1994, 3rd Ex.Sess., No. 117, § 3; Acts 2004, No. 421, § 1; Redesignated from R.S. 33:1704.2 by Acts 2011, No. 248, § 3. Acts 2017, No. 331, § 1, eff. June 22, 2017.

NOTE: §5807 eff. upon the issuance of a recommendation by the Judicial Council. See Acts 2018, No. 457.

§5807.2. Repealed by Acts 2018, No. 457, §2, eff. upon action by the Judicial Council in its 2019 Report to the Legislature.