Provides relative to calculation of sheriff's fee or commission on certain writs. (8/1/14)
The amendment to R.S. 13:5530(A)(13) aims to provide clarity and fairness in the calculation of sheriff fees, particularly when a writ is recalled or its further execution is discontinued. This is likely to impact how sheriffs approach their monetary claims in civil matters, ensuring that they receive appropriate compensation regardless of whether the property in question is subsequently sold. By offering explicit provisions for fee calculations based on actual settlements, the bill seeks to streamline administrative processes related to property seizures and associated legal expenses.
Senate Bill 80, introduced by Senator Broome, addresses the calculation of fees and commissions owed to sheriffs in specific civil matters where execution of various writs is involved. The bill provides for clearer guidelines regarding the compensation sheriffs may receive in situations where actions related to seizing property are halted due to amicable settlements or compromises between parties involved in such cases. It amends existing law to ensure that fees are calculated based on the amounts agreed upon during these settlements rather than solely on potential sale proceeds.
Overall sentiment surrounding SB 80 appears to be supportive among law enforcement and legal professionals, who appreciate the clearer guidelines it provides. There is a recognition of the need to balance the interests of sheriffs, property owners, and related parties in legal transactions. However, there could also be concerns regarding how such changes might affect the overall costs of civil litigation and the implications for individuals facing property seizures, particularly regarding their ability to negotiate settlements without incurring excessive sheriff fees.
Notable points of contention surrounding the bill may focus on how its provisions could be interpreted in varying circumstances, especially in relation to the consideration of homestead exemptions. The requirement for sheriffs to calculate fees based on agreed settlements may lead to disputes over interpretations of what constitutes appropriate settlements, particularly in cases involving debatable values or multiple parties. As such, while the bill clarifies certain aspects of sheriff compensation, its implementation may still present complex legal challenges that necessitate further review and possibly additional amendments.