GENERAL ASSEMBLY OF NORTH CAROLINA
SESSION 2001
H	2
HOUSE BILL 1397
Committee Substitute Favorable 5/31/01

Short Title:	Increase Service of Process Fee.	()	
Sponsors:	     	
Referred to:	     	
April 26, 2001

A BILL TO BE ENTITLED
AN ACT TO INCREASE THE FEE FOR SERVICE OF PROCESS IN CIVIL CASES AND TO EARMARK THE INCREASE TO ENSURE TIMELY SERVICE OF PROCESS. 

The General Assembly of North Carolina enacts:
SECTION 1.  G.S. 7A‑311(a) reads as rewritten:
"(a)	In a civil action or special proceeding, the following fees and commissions shall be assessed, collected, and remitted to the county:
(1)	a.	For each item of civil process served, including summons, subpoenas, notices, motions, orders, writs and pleadings, the sum of  ten dollars ($10.00). When two or more items of civil process are served simultaneously on one party, only one  ten-dollar ($10.00) fee shall be charged.
b.	When an item of civil process is served on two or more persons or organizations, a separate service charge shall be made for each person or organization. If the process is served, or attempted to be served, by a city policeman, the fee shall be remitted to the city rather than the county. If the process is served, or attempted to be served by the sheriff, the fee shall be remitted to the county. This subsection shall not apply to service of summons to jurors.
c.	At least fifty percent (50%) of the fees collected pursuant to this subdivision shall be used by the county or city to provide additional law enforcement personnel, if needed, to ensure the timely service of process within the county or city.
(2)	For the seizure of personal property and its care after seizure, all necessary expenses, in addition to any fees for service of process.
(3)	For all sales by the sheriff of property, either real or personal, or for funds collected by the sheriff under any judgment, five percent (5%) on the first five hundred dollars ($500.00), and two and one‑half percent (2 1/2%) on all sums over five hundred dollars ($500.00), plus necessary expenses of sale. Whenever an execution is issued to the sheriff, and subsequently while the execution is in force and outstanding, and after the sheriff has served or attempted to serve such execution, the judgment, or any part thereof, is paid directly or indirectly to the judgment creditor, the fee herein is payable to the sheriff on the amount so paid. The judgment creditor shall be responsible for collecting and paying all execution fees on amounts paid directly to the judgment creditor.
(4)	For execution of a judgment of ejectment, all necessary expenses, in addition to any fees for service of process.
(5)	For necessary transportation of individuals to or from State institutions or another state, the same mileage and subsistence allowances as are provided for State employees."
SECTION 2.  This act becomes effective October 1, 2001, and applies to fees assessed or paid on or after that date.