HLS 17RS-343 ORIGINAL
2017 Regular Session
HOUSE BILL NO. 73
BY REPRESENTATIVE MACK
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
COURTS/CITY: Authorizes an increase in fees by the Hammond city marshal and provides
for the use of fees
1 AN ACT
2To amend and reenact R.S. 13:5807.2, relative to the collection and use of fees by the
3 marshal of the city of Hammond; to provide for a maximum fee in certain civil
4 matters; to provide for an increase in the maximum use of fees for operational
5 expenses of the office; and to provide for related matters.
6Be it enacted by the Legislature of Louisiana:
7 Section 1. R.S. 13:5807.2 is hereby amended and reenacted to read as follows:
8 ยง5807.2. Fees and costs; Hammond city marshal
9 A. Notwithstanding the provisions of R.S. 13:5807, the marshal of the city
10 of Hammond shall be entitled to the following fees of office and no more in a fee of
11 up to fifteen dollars in the following civil matters:
12 (1) For making service and return of citation with or without petition on each
13 defendant, nine dollars.
14 (2) For making service and return of supplemental or amended petition with
15 or without accompanying citation, nine dollars.
16 (3) For making service and return of interrogatories and notice of cross
17 interrogatories, nine dollars.
18 (4) For making service and return of garnishment under writ of fieri facias,
19 twelve dollars.
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HB NO. 73
1 (5) For making service and return of writ of attachment on each witness, ten
2 dollars.
3 (6) For making service and return of writ of sequestration, ten dollars.
4 (7) For taking bond authorized by law, ten dollars.
5 (8) For making service and return of notice of judgment, nine dollars.
6 (9) For making service and return of citation and petition for appeal and
7 order, nine dollars.
8 (10) For return on writ of fieri facias, ten dollars.
9 (11) For making service and return of citations requiring personal service,
10 ten dollars including a rule nisi, subpoena, subpoena duces tecum, and judgment
11 debtor.
12 (12) For keeping property under seizure by any writ or process, fees to be
13 fixed by the court after service of notice to the parties or their attorneys of record in
14 the suit.
15 (13) For collecting money pursuant to an execution of an order of seizure
16 and sale or a writ, without either seizure or sale, six percent, with a minimum of ten
17 dollars for each execution or order of seizure and sale.
18 (14) For serving each order all other orders of court not otherwise herein
19 specially provided for, nine dollars specified in this Section.
20 (15) For each mile or fraction thereof actually and necessarily traveled in
21 going to and returning from the service of any process of court, the marshal of the
22 city of Hammond shall be reimbursed at a rate equal to that rate established for state
23 employees by the division of administration.
24 B. The marshal of the city of Hammond shall be entitled to the following
25 additional fees in civil matters:
26 (1) For keeping property under seizure by any writ or process, fees shall be
27 fixed by the court after service of notice to the parties or their attorneys of record in
28 the suit.
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HB NO. 73
1 (2) For collecting money pursuant to an execution of an order of seizure and
2 sale or a writ, without either seizure or sale, six percent, with a minimum of ten
3 dollars for each execution or order of seizure and sale.
4 (3)(a) For each mile or fraction thereof actually and necessarily traveled in
5 going to and returning from the service of any process of court, the marshal of the
6 city of Hammond shall be reimbursed at a rate equal to that rate established for state
7 employees by the division of administration.
8 (b) No constructive mileage shall be allowed. When different processes in
9 the same case or processes of court in different cases are served on the same official
10 tour of the marshal, the actual mileage traveled shall be prorated.
11 C. Notwithstanding any provision of law to the contrary, but in accordance
12 therewith, the marshal of the city of Hammond shall be entitled to a minimum fee
13 of office of ten dollars for each service described in Subsection A of this Section.
14 The marshal is entitled to use up to fifteen thousand five hundred fifty thousand
15 dollars annually of the fees of office to defray operational expenses of the office and
16 as may be useful and necessary for the proper conduct of the office of the marshal.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 73 Original 2017 Regular Session Mack
Abstract: Changes the fee for service of certain civil pleadings to a maximum of $15, and
increases the funds available for the operational expenses of office of the marshal of
the city of Hammond to $50,000.
Present law provides a listing of certain fees that the marshal of the city of Hammond shall
be entitled to in civil matters.
Present law provides that the marshal of the city of Hammond shall be entitled to a minimum
fee of office of ten dollars for each service of certain civil pleadings.
Present law provides that the marshal is entitled to use up to $15,500 annually of the fees of
office to defray operational expenses and as may be useful and necessary for the proper
conduct of the office of the marshal.
Proposed law changes the minimum fee of ten dollars to a maximum fee of $15.
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HB NO. 73
Proposed law increases the available fees for use for operational expenses from $15,500 to
$50,000.
(Amends R.S. 13:5807.2)
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