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:
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.
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.
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.
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.
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]
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.
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.
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]
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]
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.
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:
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):