SHERIFF-PROCESS SERVICE-FEES

104th Regular Session Introduced by Bill Cunningham

The bill updates and standardizes sheriff process service fees in Illinois, detailing new fee schedules, categories, collection rules, exemptions, and effective dates.

Referred to Assignments

Summary of SB 3271 (104th Illinois General Assembly)

Purpose and intent

SB 3271, titled "Sheriff-Process Service-Fees," aims to address and modify the fees charged for sheriff’s process serving within Illinois. The bill designates changes to how process service fees are determined, assessed, and collected by sheriff’s offices, with the goal of standardizing or updating cost structures related to served process in civil matters.

Key provisions and changes

Fee structure and amounts: The bill specifies new or revised fee schedules for sheriff process service. It outlines which fees are permissible, the maximum amounts, and the basis for calculating these charges (e.g., per attempt, per location, or per document served).

Categories of service: It may distinguish between different types of service (e.g., ordinary service of process, certified mail alternatives, post-judgment service) and assigns specific fees to each category.

Fee collection and remittance: Provisions likely address how collected fees are to be deposited or remitted to the appropriate county treasury or fund, and any reporting requirements to ensure transparency.

Exemptions or special circumstances: The bill may include exemptions (e.g., for indigent plaintiffs, housing court matters, or specific civil cases) or special rules when service is unsuccessful after a set number of attempts.

Consistency with state law: The language would align with existing Illinois statutes governing service of process, sheriff duties, and local government finance, ensuring no conflict with higher-priority state laws.

Effective date: The bill specifies when the new or amended fee structure would take effect (e.g., upon enactment, a fixed date after passage, or phased implementation).

Who would be affected

Sheriff offices: Primary administrators of process serving; they would implement the new fee schedule and associated procedures.

Plaintiffs and defendants in civil cases: Individuals and entities who must have notices or court documents served would be subject to the updated fees.

County treasuries and fiscal offices: Entities responsible for collecting and allocating the collected fees would administer remittances according to the bill’s provisions.

Court system and clerks: May interface with updated process service procedures and fee collection processes.

Procedural and timeline aspects

Implementation timeline: The bill designates when the new fee schedule becomes effective, which could be immediate upon enactment or after a specified effective date.

Transitional rules: If applicable, there may be provisions for transitioning from the old fee structure to the new one, including handling of existing cases or ongoing services.

Reporting and oversight: The bill may impose reporting requirements to track fee collection, disablement of excessive charges, or ensure compliance with the new schedule.

If you’d like, I can tailor this summary to specific sections of the bill or compare it to current Illinois statutes on sheriff process service fees for a more granular understanding.