Service of process fees increase under proposal in Senate

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Dave Stafford for www.theindianalawyer.com

Fees sheriffs collect to serve parties in civil lawsuits would nearly double under a bill that cleared a Senate panel last week.

Senate Bill 217 would raise the service of process fee from $13 to $25 for a party requesting service of a writ, order, process, notice, tax warrant or any other papers to be served by a sheriff or deputy. The bill also would allow collection of an additional $25 fee for post-judgment service.

The bill is supported by the Indiana Sheriffs Association and the Indiana Association of Cities and Towns. It was forwarded out of the Senate Judiciary Committee Jan. 13 on a vote of 7-2. No one spoke in opposition to the bill.

The fee supports the cost of service processing and also funds sheriff’s office pension plans in counties around the state, some of which have unfunded liabilities that otherwise would be picked up by taxpayers, said Indiana Sheriffs Association Executive Director Steve Luce. Increasing the fee would ensure the programs that vary by county are stabilized, he said.

The process of service fee was last increased in 2006.