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HB 6033

Civil procedure: costs and fees; fees for service of process; revise. Amends sec. 2559 of 1961 PA 236 (MCL 600.2559).

2025-2026 Regular Session Introduced by Sarah Lightner

HB 6033 mostly increases service-of-process fees, updates mileage, and adds safeguards to prevent overcharging, with certain protections for protective orders and DV cases.

referred to second reading
#civilprocedure:costsandfees #civilprocedure:serviceofprocess
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Bill Summary · HB 6033

Summary of HB 6033 (2025-2026) — Michigan

Purpose and intent

HB 6033 revises the statutory schedule of fees for service of process and related costs under the Revised Judicature Act (1961 PA 236), specifically updating process-serving fees, mileage, and certain collection and enforcement provisions. The bill updates several fee amounts (generally increasing them) and clarifies or adds rules related to mileage, error penalties, and special circumstances (e.g., protections for domestic violence and extreme risk protection orders). It includes an enactment condition tying the bill to other related bills (HB 5120 and HB 5121) and an effective date contingent on those bills becoming law.

Key provisions and changes

  • Section 2559 establishes the schedule of fees for out-of-court service of process by authorized individuals. The bill mostly increases various per-defendant or per-person service fees, plus mileage, in several categories, including:
    • Personal service of summons and complaint (and related documents): increases to $38.00 per defendant plus mileage (from $26.00).
    • Personal service of affidavits/accounts, orders to show cause, subpoenas, and related papers: increases to $38.00 per person plus mileage (from $26.00).
    • Garnishments, orders to seize goods, evictions/restitution of premises, subpoenas to witnesses, civil bench warrants, and other listed actions see dollar increases as well.
    • Fees for notice of sale, posting requirements, and other-related actions are adjusted upward (generally from $26.00 to $38.00, with corresponding adjustments in related amounts).
  • (1)(i) and (1)(j) introduce higher percentage-based fees tied to amounts recovered in property seizure scenarios:
    • For seized property where a judgment is satisfied, the commission increases from 7% of the first $8,000 and 3% of remaining to 10% of the first $10,000 and 5% of amounts over $10,000.
  • (2) Correct-address surcharge: a sworn affidavit submitting party is entitled to a fee of $15.00 (plus mileage) for each process with an incorrect address (in addition to the base fee in subsection (1)).
  • (3) Mileage: mileage allowance remains at 1.5 times the state civil service rate; mileage is calculated one-way from the issuing court to the service location.
  • (4) Collection mechanics: certain fees (h–k) for seizure-related actions are to be collected like other levies; if multiple orders exist against the same defendant, only one advertising fee is charged.
  • (5) Penalties for improper charges: individuals who demand or receive fees above the statutory cap may owe damages to the injured party (three times the illegal fee plus costs).
  • (6) Duty on sheriffs/officers: if service is neglected after fees are tendered, the officer is liable for damages to the injured party.
  • (7) Optional higher-fee agreements: a process server may charge more than the statutory fee if the higher amount is agreed to in writing in advance.
  • (8) Tax cost rules: regardless of higher fees charged, tax of costs cannot include the excess service fee.
  • (9) Special prohibition: no charges for serving process in Extreme Risk Protection Order Act actions.
  • (10) Violence Against Women Act (VAWA) alignment: courts or law enforcement cannot charge a petitioner for serving certain court documents in protective orders, with a cap of $50 from the Personal Protection Order Service Fund for completed service, applicable to listed documents; agency may not charge for multiple documents beyond $50 in a single service event. This aligns service costs with POs and foreign protection orders provisions.
  • (11) Clarification: “order for the seizure of property” includes writs of attachment and execution.

Affected parties and entities

  • Individuals and entities authorized to serve process under Michigan law and Supreme Court rules (process servers, sheriffs, and other officers).
  • Defendants and plaintiffs in civil actions, especially where service involves complex procedures such as seizure of property, evictions, garnishments, and protective orders.
  • Courts and law enforcement agencies processing personal protection orders and domestic violence-related actions (VAWA-related provisions).

Procedural and timeline aspects

  • The bill’s enactment is contingent on the passage and enactment of two other bills (HB 5120 and HB 5121). It explicitly states the amendatory act does not take effect unless those bills become law.
  • The fee schedule, mileage methodology, and penalties become effective alongside enactment of the act, subject to the joint enactment condition.
  • The bill provides transitional rules for how to handle advertising fees when multiple seizure orders exist against the same defendant.

Overall, HB 6033 modestly increases most service-of-process fees, introduces certain penalties and safeguards against overcharging, clarifies mileage calculations, and aligns certain protections related to protective orders and domestic violence with existing funding mechanisms.

Compiled from official sources — confirm details with the bill’s official record.

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