Sussex County, DE Article IV Sheriff

[Adopted 6-28-1988 by Ord. No. 513]

§ 62-15 Enumeration of fees.

A. The fees of the Sheriff in and for Sussex County to be charged by Sussex County to the appropriate parties and to be paid by such appropriate parties to Sussex County for the services specified in this section shall be as follows:

(1) For serving a writ of summons and complaint, amended summons, writ of alias summons, first, second pluries, etc., writ of waste, summons in partition, subpoena ad respondendum, attachment for attaching property, process of certiorari, citation, appeal, complaint and notice of ejectment, attachment, attachment upon garnishees, for each garnishee summoned, or any process of arrest in a civil case, notice of sale to each plaintiff and defendant and landlord or execution creditor, notice to plaintiffs and defendants in inquisition, advertising rule or notice to defendant in divorce or any other process in the nature thereof and making due return of the same for each person so served or notified (per person, whether served or not): $30. For service of an alias or additional scire facias summons, for each person so served or notified (per person, whether served or not): $40. For service of an original or additional summons in replevin, for each person so served or notified (per person, whether served or not): $50.

[Amended 6-23-2009 by Ord. No. 2070]

(a) For each additional defendant at the same address: $5.

(b) For each additional defendant at a different address: $30.

(2) For serving and returning a subpoena to give evidence or to bring papers for each person summoned both in civil or criminal actions, for the first and subsequent filings: $15.

(3) For serving and returning capaias ad satisfaciendum, for each person arrested: $4.

(4) For serving and returning a restraining order or summons in Chancery (TRO):

(a) First person: $30.

(b) Each additional defendant at the same address: $5.

(c) Each additional defendant at a different address: $30.

(d) For other extra services: additional compensation to be allowed by the Chancellor.

(5) For attachment fieri facias (wage attachment): $30.

(6) For levying an execution on goods, chattels, lands and tenements and making inventory, causing appraisement:

[Amended 1-10-2006 by Ord. No. 1816]

(a) Fieri facias attachment -- levy:

[1] For Court of Common Pleas (personal property, vehicles): $75.

[2] For Superior Court (personal property, vehicles): $75.

[3] For Superior Court (real estate): $75.

[4] For Superior Court (foreign attachment on boats, horses, etc.): $75.

(b) If no levy is made: $75.

(7) For the expense of keeping goods and chattels seized upon execution or attachment: a reasonable allowance, to be made by the court, plus out-of-pocket costs.

(8) For advertising goods and chattels, each time: $10, together with a deposit of $250 to be credited against the costs of advertising and selling the property. This deposit is refundable to the extent that the proceeds of the sale exceed the total of Sheriff's costs.

[Amended 2-4-2003 by Ord. No. 1582]

(9) For selling goods and chattels on execution: $50 for service of the Sheriff plus 4% of the amount made by the sale and legally applied. If an execution is levied upon goods and chattels and settled without sale after the expiration of 30 days from the levy and notice thereof to the defendant, the Sheriff shall be entitled to the costs of the sale; otherwise if the execution is settled before the expiration of 30 days, the costs of the sale shall not accrue or be endorsed.

[Amended 1-10-2006 by Ord. No. 1816; 6-23-2009 by Ord. No. 2070]

(10) Returning sale on venditioni exponas, levari facias, fieri facias or upon any order from the court or Judge: $25.

(11) For service on all papers, except those described above:

(a) Per person: $30.

(b) For each additional person at the same address: $5.

(c) For each additional person at a different address: $30.

(12) For a certified letter: $7.50.

[Amended 6-23-2009 by Ord. No. 2070]

(13) In all cases originating before a Justice of the Peace or the Court of Common Pleas and directed to the Sheriff: the same fees as are set forth above.

(14) For executing a writ for levying costs of any contested election: the same fees as for like services upon execution process generally.

(15) For service of the Sheriff for any moneys arising from a sale of personal property or lands and tenements by virtue of an execution in his hands and applicable to other executions or judgments prior to or subsequent, excepting sales of goods and chattels on execution: $10.

[Amended 1-10-2006 by Ord. No. 1816]

(16) For all entries in the record of disposition of moneys arising from sale of property under process, when the same is applicable otherwise than to executions in his hands: $15.

(17) For levying upon lands and tenements for each defendant: $25.

[Added 4-7-1992 by Ord. No. 819]

(18) Advertising sale of lands and tenements; advertising in two newspapers and handbills under 10 Del. C. § 4973; advertising and selling, under order of a Court or a Judge, goods and chattels, lands and tenements: such costs, charges and allowances as shall be fixed and determined by the various vendors and the Sheriff together with a deposit of $1,000 to be credited against the costs of advertising and selling the property. This deposit is refundable to the extent that the proceeds of the sale exceed the total of Sheriff's costs.

[Added 4-7-1992 by Ord. No. 819; amended 2-4-2003 by Ord. No. 1582; 6-23-2009 by Ord. No. 2070]

(19) Selling lands and tenements on execution, 4% of the total selling price, including costs, except that the total amount paid under this subsection shall be no less than $500, and shall not exceed $10,000; provided, however, that this fee shall not be imposed or collected when the purchaser is an incorporated municipality within Sussex County and where the property purchased at sale is located, in whole or in part, within the boundaries of the purchasing municipality. The purchaser shall also submit to the Sheriff a fee of $200 to be utilized by the Sheriff for the preparation and recordation of a deed to transfer the property to the purchaser. That fee will be refunded if the purchaser, within 45 days of confirmation or within forty-five days of the expiration of any statutory period of redemption, presents to the Sheriff an appropriate deed for such transfer.

[Added 4-7-1992 by Ord. No. 819; amended 3-23-1999 by Ord. No. 1295; 2-22-2000 by Ord. No. 1364; 2-4-2003 by Ord. No. 1583; 8-21-2007 by Ord. No. 1921]

(20) For notarizing a signature: $5.

[Added 3-23-1999 by Ord. No. 1295]

(21) For service of any document or paper regarding any matter not originating in the State of Delaware: $75.

[Added 3-23-1999 by Ord. No. 1295; amended 1-10-2006 by Ord. No. 1816]

(22) For sending levy sheets and/or return of service documents via facsimile: $20 for the first page and $2 for each additional page.

[Added 1-10-2006 by Ord. No. 1816]

(23) For services performed by a deputy (the need for any more than two deputies shall be approved by the County Administrator): $35 per hour.

[Added 1-10-2006 by Ord. No. 1816]

(24) Set-up fee for lands and tenements for Sheriff Sale, $75 to be charged against the five-hundred-dollar deposit when the property is scheduled for sale and shall be charged whether the sale is stayed or the property is sold.

[Amended 8-21-2007 by Ord. No. 1921]

B. The fees to be charged to Sussex County by the Sheriff of Sussex County for performing the services set forth in Subsection A and to be paid by Sussex County to the Sheriff of Sussex County shall be as follows:

(1) For serving each writ, process or notice mentioned in Subsection A necessarily traveled out and in from place of return to the place of service, for each writ, subpoena or notice so served (cost per mile):

(a) For all courts: the IRS allowable mileage rate as it may change from time to time.

[Amended 3-23-1999 by Ord. No. 1295; 1-10-2006 by Ord. No. 1816]