REQUIRES TWO-THIRDS MAJORITY VOTE
(§§ 1, 2)
S.B. 210
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SENATE BILL NO. 210–SENATOR STONE
FEBRUARY 18, 2025
____________
Referred to Committee on Government Affairs
SUMMARY—Revises provisions relating to fees collected by
constables and sheriffs for certain services.
(BDR 20-540)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State: No.
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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.
AN ACT relating to local law enforcement agencies; increasing
certain fees collected by constables and sheriffs for
certain services; and providing other matters properly
relating thereto.
Legislative Counsel’s Digest:
Existing law authorizes constables and the sheriff of each county in this State, 1
including the sheriff of Carson City, to charge and collect various fees which are set 2
forth in existing law for performing certain services. (NRS 248.275, 248.285, 3
258.125) Section 1 of this bill increases: (1) from $17 to $26 the fee for serving a 4
summons or complaint, or any other process, by which an action or proceeding is 5
commenced, with certain exceptions; (2) from $5 to $26 the fee for taking a bond 6
or undertaking; (3) from $2 to $3 the fee for each mile necessarily and actually 7
traveled in going to serve a notice required by law before the commencement of a 8
proceeding for any type of eviction; (4) from $21 to $40 the fee for each service in 9
a summary eviction, with certain exceptions, and for the service and execution of a 10
writ of restitution; (5) from $15 to $26 fees relating to the service of subpoenas and 11
the service or execution of certain documents or orders; (6) from $5 to $16 the fee 12
for issuing each certificate of sale of property on execution or order of sale and for 13
recording the original certificate with the county recorder; and (7) from $20 to $26 14
the fee for drawing and executing every sheriff’s deed. Section 2 of this bill 15
similarly increases such fees for constables and additionally increases from $7 to 16
$16 the fee that a constable is authorized to charge for summoning a jury before a 17
justice of the peace. 18
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THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN
SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
Section 1. NRS 248.275 is hereby amended to read as follows: 1
248.275 1. The sheriff of each county in this State may 2
charge and collect the following fees: 3
4
For serving a summons or complaint, or any 5
other process, by which an action or 6
proceeding is commenced, except as a writ of 7
habeas corpus, on every defendant ....................... [$17] $26 8
For traveling and making such service, per mile 9
in going only, to be computed in all cases the 10
distance actually traveled, for each mile ........................... 2 11
If any two or more papers are required to be 12
served in the same suit at the same time, 13
where parties live in the same direction, 14
one mileage only may be charged. 15
For taking a bond or undertaking in any case in 16
which the sheriff is authorized to take a bond 17
or undertaking ............................................................ [5] 26 18
For a copy of any writ, process or other paper, if 19
demanded or required by law, for each page..................... 3 20
For serving every rule or order ............................................. 15 21
For serving one notice required by law before 22
the commencement of a proceeding for any 23
type of eviction ................................................................ 26 24
For serving not fewer than 2 nor more than 10 25
such notices to the same location, each notice ................ 20 26
For serving not fewer than 11 nor more than 24 27
such notices to the same location, each notice ................ 17 28
For serving 25 or more such notices to the same 29
location, each notice ........................................................ 15 30
For mileage in serving such a notice, for each 31
mile necessarily and actually traveled in 32
going only..................................................................... [2] 3 33
But if two or more notices are served at the 34
same general location during the same 35
period, mileage may only be charged for 36
the service of one notice. 37
For each service in a summary eviction, except 38
service of any notice required by law before 39
the commencement of the proceeding, and 40
for serving notice of and executing a writ of 41
restitution.................................................................. [21] 40 42
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For serving a subpoena, for each witness 1
summoned ............................................................ [$15] $26 2
For traveling, per mile in serving subpoenas, or a 3
venire, in going only, for each mile .................................. 2 4
When two or more witnesses or jurors live in 5
the same direction, traveling fees must be 6
charged only for the most distant. 7
For serving an attachment on property, or 8
levying an execution, or executing an order 9
of arrest or order for the delivery of personal 10
property, together with traveling fees, as in 11
cases of summons ..................................................... [15] 26 12
For making and posting notices and advertising 13
for sale, on execution or any judgment or 14
order of sale, not to include the cost of 15
publication in a newspaper .............................................. 15 16
For issuing each certificate of sale of property on 17
execution or order of sale, and for recording 18
the original certificate with the county 19
recorder, which must be collected from the 20
party receiving the certificate ..................................... [5] 16 21
For drawing and executing every sheriff’s deed, 22
to be paid by the grantee, who shall in 23
addition pay for the acknowledgment thereof .......... [20] 26 24
For serving a writ of possession or restitution, 25
putting any person into possession entitled 26
thereto .............................................................................. 21 27
For traveling in the service of any process, not 28
otherwise provided in this section, for each 29
mile necessarily traveled, for going only, for 30
each mile ........................................................................... 2 31
For mailing a notice of a writ of execution ............................ 2 32
33
The sheriff may charge and collect $2 or $3, as applicable, per 34
mile traveled, for going only, on all papers not served, where 35
reasonable effort has been made to effect service, but not to exceed 36
$20. 37
2. The sheriff may also charge and collect: 38
(a) For commissions for receiving and paying over money on 39
execution or process, where lands or personal property have been 40
levied on, advertised or sold, on the first $500, 4 percent; on any 41
sum in excess of $500, and not exceeding $1,000, 2 percent; on all 42
sums above that amount, 1 percent. 43
(b) For commissions for receiving and paying over money on 44
executions without levy, or where the lands or goods levied on are 45
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not sold, on the first $3,500, 2 percent, and on all amounts over that 1
sum, one-half of 1 percent. 2
(c) For service of any process in a criminal case, or of a writ of 3
habeas corpus, the same mileage as in civil cases, to be allowed, 4
audited and paid as are other claims against the county. 5
(d) For all services in justice courts, the same fees as are allowed 6
in subsection 1 and paragraphs (a), (b) and (c) of this subsection. 7
3. The sheriff is also entitled to further compensation for his or 8
her trouble and expense in taking possession of property under 9
attachment, execution or other process and of preserving the 10
property, as the court from which the writ or order may issue 11
certifies to be just and reasonable. 12
4. In service of a subpoena or a venire in criminal cases, the 13
sheriff is entitled to receive mileage for the most distant only, where 14
witnesses and jurors live in the same direction. 15
5. The fees allowed for the levy of an execution, for advertising 16
and for making and collecting money on an execution or order of 17
sale, must be collected from the defendants, by virtue of the 18
execution or order of sale, in the same manner as the execution is 19
directed to be made. 20
6. Except as otherwise provided by an ordinance adopted 21
pursuant to the provisions of NRS 244.207, all fees collected by a 22
sheriff must be paid into the county treasury of his or her county on 23
or before the fifth working day of the month next succeeding the 24
month in which the fees are collected. 25
Sec. 2. NRS 258.125 is hereby amended to read as follows: 26
258.125 1. Constables are entitled to the following fees for 27
their services: 28
29
For serving a summons or any other process in 30
civil cases ............................................................. [$17] $26 31
For summoning a jury before a justice of the 32
peace ........................................................................... [7] 16 33
For taking a bond or undertaking .................................... [5] 26 34
For serving an attachment against the property 35
of a defendant ........................................................... [15] 26 36
For serving subpoenas, for each witness ....................... [15] 26 37
For a copy of any writ, process or order or other 38
paper, when demanded or required by law, 39
per folio ............................................................................. 3 40
For drawing and executing every constable’s 41
deed, to be paid by the grantee, who must 42
also pay for the acknowledgment thereof ................ [20] 26 43
For each certificate of sale of real property under 44
execution .................................................................... [5] 16 45
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For levying any writ of execution or writ of 1
garnishment, or executing an order of arrest 2
in civil cases, order for delivery of personal 3
property or any other order in a civil case, 4
except an order of eviction, with traveling 5
fees as for summons ............................................. [$15] $26 6
For serving one notice required by law before 7
the commencement of a proceeding for any 8
type of eviction ................................................................ 26 9
For serving not fewer than 2 nor more than 10 10
such notices to the same location, each notice ................ 20 11
For serving not fewer than 11 nor more than 24 12
such notices to the same location, each notice ................ 17 13
For serving 25 or more such notices to the same 14
location, each notice ........................................................ 15 15
Except as otherwise provided in subsection 3, 16
for mileage in serving such a notice, for each 17
mile necessarily and actually traveled in 18
going only..................................................................... [2] 3 19
But if two or more notices are served at the 20
same general location during the same 21
period, mileage may only be charged for 22
the service of one notice. 23
For each service in a summary eviction, except 24
service of any notice required by law before 25
commencement of the proceeding, and for 26
serving notice of and executing a writ of 27
restitution.................................................................. [21] 40 28
For making and posting notices, and advertising 29
property for sale on execution, not to include 30
the cost of publication in a newspaper ............................ 15 31
For each warrant lawfully executed, unless a 32
higher amount is established by the board of 33
county commissioners ..................................................... 48 34
For mailing a notice of a writ of execution ............................ 2 35
Except as otherwise provided in subsection 3, 36
for mileage in serving summons, attachment, 37
execution, order, venire, subpoena, notice, 38
summary eviction, writ of restitution or other 39
process in civil suits, for each mile 40
necessarily and actually traveled, in going 41
only .................................................................................... 2 42
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But when two or more persons are served in 1
the same suit, mileage may only be 2
charged for the most distant, if they live in 3
the same direction. 4
Except as otherwise provided in subsection 3, 5
for mileage in making a diligent but 6
unsuccessful effort to serve a summons, 7
attachment, execution, order, venire, 8
subpoena or other process in civil suits, for 9
each mile necessarily and actually traveled, 10
in going only ................................................................... $2 11
But mileage may not exceed $20 for any 12
unsuccessful effort to serve such process. 13
14
2. A constable is also entitled to receive: 15
(a) For receiving and taking care of property on execution, 16
attachment or order, and for executing an order of arrest in civil 17
cases, compensation for the constable’s trouble and expense, to be 18
allowed by the court which issued the writ or order, upon the 19
affidavit of the constable that the charges are correct and the 20
expenses necessarily incurred. 21
(b) For collecting all sums on execution or writ, to be charged 22
against the defendant, on the first $3,500, 2 percent thereof, and on 23
all amounts over that sum, 1 percent. 24
(c) For service in criminal cases, the same fees as are allowed 25
sheriffs for like services, to be allowed, audited and paid as are other 26
claims against the county. 27
(d) For removing or causing the removal of, pursuant to NRS 28
487.230, a vehicle that has been abandoned on public property, 29
$100. 30
(e) For providing any other service authorized by law for which 31
no fee is established by this chapter, the fee provided for by 32
ordinance by the board of county commissioners. 33
3. For each service for which a constable is otherwise entitled 34
pursuant to subsection 1 to a fee based on the mileage necessarily 35
and actually traveled in performing the service, a board of county 36
commissioners may provide by ordinance for the constable to be 37
entitled, at the option of the person paying the fee, to a flat fee for 38
the travel costs of that service. 39
4. Deputy sheriffs acting as constables are not entitled to retain 40
for their own use any fees collected by them, but the fees must be 41
paid into the county treasury on or before the fifth working day of 42
the month next succeeding the month in which the fees were 43
collected. 44
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5. Except as otherwise provided in subsection 6, constables 1
shall, on or before the fifth working day of each month, account for 2
and pay to the county treasurer all fees collected during the 3
preceding month, except fees which may be retained as 4
compensation. 5
6. Every 5 business days, constables in an office established by 6
the board of county commissioners as an enterprise fund shall 7
account for and pay to the county treasurer any fee collected during 8
the preceding period. 9
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