Michigan State Regulated Fees
- January 22, 2016
- Posted by: Scott VanOchten
- Category: Fees
PROCESS SERVICE FEES
Effective: March 28, 2013
MCL Description Fee1
600.2559(1)(a) Personal service of a summons and complaint in a civil action, $23.00
along with supporting documents, for each defendant.2
600.2559(1)(b) Personal service of an affidavit of account and statement,. $23.00
for each defendant.2
600.2559(1)(c) A request and writ of garnishment for each garnishee and $20.00
600.2559(1)(d) Personal service of an order to seize goods subject to claim $37.00
and delivery action.3,9
600.2559(1)(e) Receiving and filing a bond from or on behalf of a defendant $17.00
in a claim and delivery action.
600.2559(1)(f) An order to show cause, for each person served.2 $23.00
600.2559(1)(h) Levy under or service of an order to seize property and any $37.00
600.2559(1)(k) Each notice of sale under an order for the seizure of property or $23.00
construction lien posted in a public place in the city or township.2,9
600.2559(1)(l) Order of eviction or a writ for the restitution of premises, for $37.00
600.2559(1)(m); Subpoena directed to a witness, including a judgment debtor.2 $23.00
600.2559(1)(n) Civil bench warrant or body execution.2,6 $37.00
600.2559(1)(o) Service by mail.2,7 $10.00
600.2559(1)(p) Each verification.2 $10.00
600.2559(1)(q) Each postal change of address verification requested by the $10.00
600.2559(3) Incorrect address; sworn affidavit required.8 $10.00
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PROCESS SERVICE FEES (Cont’d.)
Effective: March 28, 2013
Mileage under 600.2559(1) shall be 1½ times the rate allowed by the state civil service commission for employees in the state classified civil service. See Treasury letter 2005-6. Mileage is computed each way, using the shortest reasonable route from the place where the court that issued or filed the process or paper is located to the place of service. [MCL 600.2559(4)] Mileage fee may not exceed 75 miles each way. [MCL 600.2555] See mileage rate chart at: http://courts.mi.gov/Administration/SCAO/Resources/Documents/other/mileage.pdf
For seizure of property under an order for the seizure of property9 in an action in which a judgment is entered against the owner of the property, regardless of whether the judgment is entered before or after the order is issued, and if the judgment is satisfied prior to sale of the seized property by full payment of the judgment or settlement, fees allowed are 7 percent of the first $8,000 of the payment or settlement amount and 3 percent of the payment or settlement amount exceeding the first $8,000.00. [MCL 600.2559(1)(i)]
For sale of property seized under an order for the seizure of property9, fees allowed are 7 percent of the first $8,000 in receipts and 3 percent of any receipts exceeding the first $7,000. [MCL 600.2559(1)(j)]
1 Each of the fees prescribed in MCL 600.2559(1)(a) to (o) shall increase by $1.00 on October 1, 2013, $1.00 on October 1, 2014, and $1.00 on October 1, 2015. [MCL 600.2559(2)] A person authorized to serve process may charge a greater fee if agreed to in advance in writing with the person requesting the service. [MCL 600.2559(8)] Regardless of whether a greater fee is charged or paid under 600.2559(8), the fee taxable as costs cannot be greater than the fee prescribed by law. [MCL 600.2559(9)]
2 Fee plus mileage.
3 Fee plus mileage plus the actual and reasonable expense of seizing, keeping, and delivering the goods.
4 Fee plus mileage plus the actual and reasonable expense for seizing and keeping the property.
5 Fee plus mileage plus the actual and reasonable expense for the physical removal of property from the premises.
6 Fee plus mileage plus a reasonable fee per hour for the amount of time involved in executing the warrant.
7 Fee plus actual cost of postage.
8 Fee plus mileage in addition to fees and mileage allowed under 600.2559(1).
9 “Order for the seizure of property” includes a writ of attachment and a writ of execution, including, but not limited to, execution in a claim and delivery action on property other than the property that is the subject of the claim and delivery action.
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