(a) (1) Each sheriff, coroner, and constable, on the return made by him or her on any writ or other process, shall state at length the time when, the place where, and how the writ or process was served.
(2) Otherwise, the officer shall not be entitled to demand or receive any fee for the service or execution of the writ or other process.
(b) (1) In all cases of the return of service upon a summons by an officer, the return must state the time of service and that a copy was delivered to, or offered and refused by, the defendant.
(2) (A) If a return of service is defective in these respects, the officer may be fined by the court, not exceeding ten dollars ($10.00), and shall be liable to the action of any person aggrieved by the defect.
(B) However, the court may permit an amendment, according to the truth of the case.
(c) It shall not be a sufficient return of any process that the officer was kept off by force from executing it.
Section: Previous 16-58-104 16-58-105 16-58-106 16-58-110 16-58-111 16-58-115 16-58-116 16-58-117 16-58-120 16-58-121 16-58-122 16-58-123 16-58-124 16-58-125 16-58-126 NextLast modified: November 15, 2016