House Bill 1190

AN ACT TO AMEND SECTION 9-11-20, MISSISSIPPI CODE OF 1972, TO REQUIRE THAT WHEN SUIT IS FILED IN JUSTICE COURT, THE CLERK OF THE JUSTICE COURT SHALL NOTIFY THE COMPLAINING PARTY THAT THEY OWE A FEE TO THE CONSTABLE OF THE COUNTY WHERE THE SUIT WAS ORIGINALLY FILED WHEN THE CONSTABLE, AFTER DILIGENT SEARCH AND INQUIRY, IS UNABLE TO COMPLETE THE SERVICE OF PROCESS BECAUSE THE DEFENDANT RESIDES IN ANOTHER COUNTY; TO AMEND SECTION 25-7-27, MISSISSIPPI CODE OF 1972, TO PROVIDE FOR SUCH FEE TO THE CONSTABLE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. Section 9-11-20, Mississippi Code of 1972, is amended as follows:

9-11-20. (1) In any civil case in the justice court in which any process or writ is to be served outside of the county where issued, the clerk of the justice court is hereby authorized and directed to forward, by United States mail, to the clerk of the justice court of the county where such writ or process is to be served, that portion of any fees required by law to be collected for the service of such process or writ along with the process or writ to be served. The clerk of the justice court of the county where the process or writ is to be served shall, upon receipt thereof, deliver such process or writ to a constable of the county for the service thereof and shall report and pay over such fees to the chancery clerk of the county at the time and in the manner provided in subsection (1) of Section 9-11-19 for the report and payment of fees, costs, fines and penalties charged and collected in the justice court.

(2) When the clerk of the justice court in the county where the suit was filed has delivered the process or writ to a constable in that county because the address of the defendant was thought to be that county and the constable after diligent search and inquiry has returned the process not found and a determination is made that the defendant resides in another county, the clerk of the justice court in which the suit was filed shall send the process or writ to the clerk of the justice court of the county of the defendant's residence as provided in subsection (1). Simultaneously, the clerk shall notify the complaining party that the fee as set out in Section 25-7-27 (1)(a)(v) is due to the constable of the county where the suit was originally filed for unsuccessful service in that county. The clerk shall, upon receipt thereof, report and pay over this fee to the chancery clerk of the county at the time and in the manner provided in subsection (1) of Section 9-11-19 for the report and payment of fees, costs, fines and penalties charged and collected in the justice court.

SECTION 2. Section 25-7-27, Mississippi Code of 1972, is amended as follows:

25-7-27. (1) Marshals and constables shall charge the following fees:

(a) (i) A uniform total fee in all civil cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, each $35.00

(ii) A uniform total fee in all criminal cases, whether contested or uncontested, which shall include all services in connection therewith, except as stated otherwise in this section, each $35.00

(iii) In all cases where there is more than one (1) defendant, for service on each additional defendant...... $ 5.00

(iv) When a complaining party has provided erroneous information to the clerk of the court relating to the service of process on the defendant or defendants and process cannot be served after diligent search and inquiry, the uniform fee shall be assessed upon subsequent successful service and an additional fee shall be due in the following amount................................................... $15.00

(v) When process cannot be served after diligent search and inquiry * * * because the constable was provided erroneous information, the constable * * * shall receive an * * * ~~additional~~uniform fee, * * * as provided under subsection (1)(a)(i) of this section.............. ~~$15.00~~ $35.00

(b) After final judgment has been enrolled, further proceedings involving levy of execution on judgments, and attachment and garnishment proceedings shall be a new suit for which the marshal or constable shall be entitled to the following fee......... $35.00

(c) For conveying a person charged with a crime to jail, mileage reimbursement in an amount not to exceed the rate established under Section 25-3-41(2).

To be paid out of the county treasury on the allowance of the board of supervisors, when the state fails in the prosecution, or the person is convicted but is not able to pay the costs.

(d) For other service, the same fees allowed sheriffs for similar services.

(e) For service as a bailiff in any court in a civil case, to be paid by the county on allowance of the court on issuance of a warrant therefor, an amount equal to the per diem compensation provided under Section 25-3-69 for each day, or part thereof, for which he serves as bailiff when the court is in session.

(f) For serving all warrants and other process and attending all trials in state cases in which the state fails in the prosecution, to be paid out of the county treasury on the allowance of the board of supervisors without itemization, subject, however, to the condition that the marshal or constable must not have overcharged in the collection of fees for costs, contrary to the provisions of this section, annually...................................................... $1,800.00

(2) Marshals and constables shall be paid all uncollected fees levied under subsection (1) of this section in full from the first proceeds received by the court from the guilty party or from any other source of payment in connection with the case.

(3) In addition to the fees authorized to be paid to a constable under subsection (1) of this section, a constable may receive payments for collecting delinquent criminal fines in justice court pursuant to the provisions of Section 19-3-41(3).

SECTION 3. This act shall take effect and be in force from and after July 1, 2013.