TO AMEND THE LAW CONCERNING THE FEES THAT MAY BE COLLECTED BY A COUNTY SHERIFF; AND TO ALLOW A COUNTY SHERIFF TO COLLECT FEES FOR ATTEMPTED SERVICE IN CERTAIN CIRCUMSTANCES.

2025 Regular Session Introduced by Jimmy Gazaway and 1 co-sponsor

Act 693 allows Arkansas county sheriffs to charge fees for serving legal documents, including $30 for attempts and $100 for writs, impacting legal costs for users.

Notification that HB1872 is now Act 693

Purpose and Intent

House Bill 1872, now known as Act 693, aims to amend existing laws regarding the fees that county sheriffs in Arkansas can collect. The primary intent of the bill is to allow sheriffs to charge fees for attempted service of legal documents under specific circumstances, thereby providing a clearer framework for the compensation of law enforcement services related to legal processes.

Key Provisions

The bill modifies Arkansas Code § 21-6-307(a) to include the following changes:

Fee Structure:

The bill establishes a fee of $30.00 for serving or attempting to serve various legal documents, including summons, capias, scire facias, attachments, writs of garnishment, writs of injunction, and subpoenas.
It sets a fee of $100.00 for serving writs of execution, possession, ejectment, or replevin.
A 10% commission is established for receiving and paying money on execution or process when lands or goods are involved.
Additional fees for serving notices to vacate, advertising goods or lands for sale, and other related services are also specified, with amounts generally ranging from $20.00 to $50.00 depending on the service rendered.

Attempted Service Fees:

The bill explicitly allows sheriffs to collect fees for attempted service of legal documents, which was not clearly defined in previous legislation.

Affected Parties

County Sheriffs: The bill directly impacts sheriffs by providing them with the authority to collect additional fees for their services, potentially increasing their revenue.

Legal Entities and Individuals: Those who require the services of a sheriff for legal document delivery will be affected, as they may incur additional costs for attempted services.

Procedural Timeline

Introduced: March 20, 2025

Passed: The bill underwent several readings and committee reviews before being passed by both the House and Senate on April 10, 2025.

Enrolled: The bill was correctly enrolled and transmitted to the Governor's Office on April 10, 2025.

Act Status: Officially became Act 693 on April 16, 2025.

Conclusion

House Bill 1872 (Act 693) represents a significant update to the fee structure for county sheriffs in Arkansas, particularly in relation to the service of legal documents. By allowing fees for attempted service, the bill aims to enhance the financial sustainability of sheriff departments while clarifying the costs associated with legal processes for the public.

Bill