State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-311

§ 7A‑311.  Uniform civilprocess fees.

(a)        In a civil actionor special proceeding, except for actions brought under Chapter 50B of theGeneral Statutes, the following fees and commissions shall be assessed,collected, and remitted to the county:

(1)       a.         Foreach item of civil process served, including summons, subpoenas, notices,motions, orders, writs and pleadings, the sum of fifteen dollars ($15.00). Whentwo or more items of civil process are served simultaneously on one party, onlyone fifteen‑dollar ($15.00) fee shall be charged.

b.         When an item ofcivil process is served on two or more persons or organizations, a separateservice charge shall be made for each person or organization. The process feeshall be remitted to the county. This subsection shall not apply to service ofsummons to jurors.

c.         At least fiftypercent (50%) of the fees collected pursuant to this subdivision shall be usedby the county to ensure the timely service of process within the county, whichmay include the hiring of additional law enforcement personnel upon therecommendation of the sheriff.

(2)        For the seizure ofpersonal property and its care after seizure, all necessary expenses, inaddition to any fees for service of process.

(3)        For all sales by thesheriff of property, either real or personal, or for funds collected by thesheriff under any judgment, five percent (5%) on the first five hundred dollars($500.00), and two and one‑half percent (2 1/2%) on all sums over fivehundred dollars ($500.00), plus necessary expenses of sale. Whenever anexecution is issued to the sheriff, and subsequently while the execution is inforce and outstanding, and after the sheriff has served or attempted to servesuch execution, the judgment, or any part thereof, is paid directly or indirectlyto the judgment creditor, the fee herein is payable to the sheriff on theamount so paid. The judgment creditor shall be responsible for collecting andpaying all execution fees on amounts paid directly to the judgment creditor.

(4)        For execution of a judgmentof ejectment, all necessary expenses, in addition to any fees for service ofprocess.

(5)        For necessarytransportation of individuals to or from State institutions or another state,the same mileage and subsistence allowances as are provided for Stateemployees.

(b)        All fees that arerequired to be assessed, collected, and remitted under subsection (a) of thissection shall be collected in advance (except in suits in forma pauperis)except those contingent on expenses or sales prices. When the fee is notcollected in advance or at the time of assessment, a lien shall exist in favorof the county on all property of the party owing the fee. If the fee remainsunpaid it shall be entered as a judgment against the debtor and shall bedocketed in the judgment docket in the office of the clerk of superior court.

(c)        The process feesand commissions set forth in this section are complete and exclusive and inlieu of any and all other process fees and commissions in civil actions andspecial proceedings. (1965, c. 310, s. 1; 1967, c. 691, s. 34; 1969, c. 1190, s. 31 1/2;1973, c. 417, ss. 1, 2; c. 503, s. 18; c. 1139; 1979, c. 801, s. 2; 1989 (Reg.Sess., 1990), c. 1044, s. 2; 1998‑212, s. 29A.12(e); 2002‑126, ss.29A.6(f), 29A.6(g); 2004‑113, s. 1.)

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-311

§ 7A‑311.  Uniform civilprocess fees.

(a)        In a civil actionor special proceeding, except for actions brought under Chapter 50B of theGeneral Statutes, the following fees and commissions shall be assessed,collected, and remitted to the county:

(1)       a.         Foreach item of civil process served, including summons, subpoenas, notices,motions, orders, writs and pleadings, the sum of fifteen dollars ($15.00). Whentwo or more items of civil process are served simultaneously on one party, onlyone fifteen‑dollar ($15.00) fee shall be charged.

b.         When an item ofcivil process is served on two or more persons or organizations, a separateservice charge shall be made for each person or organization. The process feeshall be remitted to the county. This subsection shall not apply to service ofsummons to jurors.

c.         At least fiftypercent (50%) of the fees collected pursuant to this subdivision shall be usedby the county to ensure the timely service of process within the county, whichmay include the hiring of additional law enforcement personnel upon therecommendation of the sheriff.

(2)        For the seizure ofpersonal property and its care after seizure, all necessary expenses, inaddition to any fees for service of process.

(3)        For all sales by thesheriff of property, either real or personal, or for funds collected by thesheriff under any judgment, five percent (5%) on the first five hundred dollars($500.00), and two and one‑half percent (2 1/2%) on all sums over fivehundred dollars ($500.00), plus necessary expenses of sale. Whenever anexecution is issued to the sheriff, and subsequently while the execution is inforce and outstanding, and after the sheriff has served or attempted to servesuch execution, the judgment, or any part thereof, is paid directly or indirectlyto the judgment creditor, the fee herein is payable to the sheriff on theamount so paid. The judgment creditor shall be responsible for collecting andpaying all execution fees on amounts paid directly to the judgment creditor.

(4)        For execution of a judgmentof ejectment, all necessary expenses, in addition to any fees for service ofprocess.

(5)        For necessarytransportation of individuals to or from State institutions or another state,the same mileage and subsistence allowances as are provided for Stateemployees.

(b)        All fees that arerequired to be assessed, collected, and remitted under subsection (a) of thissection shall be collected in advance (except in suits in forma pauperis)except those contingent on expenses or sales prices. When the fee is notcollected in advance or at the time of assessment, a lien shall exist in favorof the county on all property of the party owing the fee. If the fee remainsunpaid it shall be entered as a judgment against the debtor and shall bedocketed in the judgment docket in the office of the clerk of superior court.

(c)        The process feesand commissions set forth in this section are complete and exclusive and inlieu of any and all other process fees and commissions in civil actions andspecial proceedings. (1965, c. 310, s. 1; 1967, c. 691, s. 34; 1969, c. 1190, s. 31 1/2;1973, c. 417, ss. 1, 2; c. 503, s. 18; c. 1139; 1979, c. 801, s. 2; 1989 (Reg.Sess., 1990), c. 1044, s. 2; 1998‑212, s. 29A.12(e); 2002‑126, ss.29A.6(f), 29A.6(g); 2004‑113, s. 1.)


State Codes and Statutes

State Codes and Statutes

Statutes > North-carolina > Chapter_7A > GS_7A-311

§ 7A‑311.  Uniform civilprocess fees.

(a)        In a civil actionor special proceeding, except for actions brought under Chapter 50B of theGeneral Statutes, the following fees and commissions shall be assessed,collected, and remitted to the county:

(1)       a.         Foreach item of civil process served, including summons, subpoenas, notices,motions, orders, writs and pleadings, the sum of fifteen dollars ($15.00). Whentwo or more items of civil process are served simultaneously on one party, onlyone fifteen‑dollar ($15.00) fee shall be charged.

b.         When an item ofcivil process is served on two or more persons or organizations, a separateservice charge shall be made for each person or organization. The process feeshall be remitted to the county. This subsection shall not apply to service ofsummons to jurors.

c.         At least fiftypercent (50%) of the fees collected pursuant to this subdivision shall be usedby the county to ensure the timely service of process within the county, whichmay include the hiring of additional law enforcement personnel upon therecommendation of the sheriff.

(2)        For the seizure ofpersonal property and its care after seizure, all necessary expenses, inaddition to any fees for service of process.

(3)        For all sales by thesheriff of property, either real or personal, or for funds collected by thesheriff under any judgment, five percent (5%) on the first five hundred dollars($500.00), and two and one‑half percent (2 1/2%) on all sums over fivehundred dollars ($500.00), plus necessary expenses of sale. Whenever anexecution is issued to the sheriff, and subsequently while the execution is inforce and outstanding, and after the sheriff has served or attempted to servesuch execution, the judgment, or any part thereof, is paid directly or indirectlyto the judgment creditor, the fee herein is payable to the sheriff on theamount so paid. The judgment creditor shall be responsible for collecting andpaying all execution fees on amounts paid directly to the judgment creditor.

(4)        For execution of a judgmentof ejectment, all necessary expenses, in addition to any fees for service ofprocess.

(5)        For necessarytransportation of individuals to or from State institutions or another state,the same mileage and subsistence allowances as are provided for Stateemployees.

(b)        All fees that arerequired to be assessed, collected, and remitted under subsection (a) of thissection shall be collected in advance (except in suits in forma pauperis)except those contingent on expenses or sales prices. When the fee is notcollected in advance or at the time of assessment, a lien shall exist in favorof the county on all property of the party owing the fee. If the fee remainsunpaid it shall be entered as a judgment against the debtor and shall bedocketed in the judgment docket in the office of the clerk of superior court.

(c)        The process feesand commissions set forth in this section are complete and exclusive and inlieu of any and all other process fees and commissions in civil actions andspecial proceedings. (1965, c. 310, s. 1; 1967, c. 691, s. 34; 1969, c. 1190, s. 31 1/2;1973, c. 417, ss. 1, 2; c. 503, s. 18; c. 1139; 1979, c. 801, s. 2; 1989 (Reg.Sess., 1990), c. 1044, s. 2; 1998‑212, s. 29A.12(e); 2002‑126, ss.29A.6(f), 29A.6(g); 2004‑113, s. 1.)