(1) The sheriff of a county shall collect the following fees in civil actions, suits and proceedings for each case delivered to the office of the sheriff:
(a) $28 for serving summons, subpoena, citation, order, notice, including notice of seizure and sale of personal or real property, notice of restitution and notice of seizure under writ of attachment or execution, or similar documents, including small claims or writ of execution, directed to not more than two parties at the same address. If service is requested for more than two parties at the same address, the fee is $15 for each party at the same address. The fee authorized by this paragraph shall not be charged to the state in civil actions, suits and proceedings where one party is a person who has been appointed counsel at state expense.
(b) For seizure and sale of personal or real property, enforcement of writ of execution of judgment of restitution, or other enforcement or seizure under writ of attachment or execution, or other process or proceeding, $47, and, in addition, such sums as may be reasonable and necessary to secure each keeper or custodian of property in custody, the expense of inventory of property in custody and expense incurred in newspaper advertising required by law in the execution of process.
(c) For making a conveyance of real property sold on any process, $15, to be paid by, or for, the grantee.
(d) For making a copy of any process, order, notice or other instrument in writing, when necessary to complete the service thereof, for each folio, $3; but no charge shall be made for copy of complaint or other document not actually made by the sheriff.
(e) For entering and processing distraint warrants for state agencies, $6.25 each.
(2) Persons other than a sheriff serving process and other documents may charge any fee agreed to between the server and the person requesting service.
(3) Fees collected for service by the sheriff shall be retained for the benefit of the county where the party to be served cannot be found.
(4) No mileage or commission shall be collected by a sheriff for service of any document or process but in any service involving travel in excess of 75 miles round trip an additional fee not to exceed $25 may be billed and collected by a sheriff. Mileage shall be measured from the location at which the service is made to the circuit court in that county.
(5) Amounts paid for service of process and other documents may be recovered as costs and disbursements to the extent provided by ORS 20.115.
(6) A sheriff may not collect a fee under this section for serving a foreign restraining order or an order that only grants relief under ORS 107.095 (1)(c).
(7) As used in this section:
(a) “Folio” means 100 words, counting two figures as one word. Any portion of a folio, when the whole paper contains less than a folio, or when such portion is an excess over the last folio, shall be deemed a folio.
(b) “Foreign restraining order” means a restraining order that is a foreign judgment as defined by ORS 24.105. [Amended by 1959 c.620 §1; 1965 c.619 §16; 1969 c.252 §1; 1973 c.393 §1; 1975 c.607 §9; 1977 c.547 §1; 1979 c.833 §9; 1981 c.835 §2; 1981 c.883 §31; 1989 c.910 §1; 1989 c.1053 §1; 1991 c.594 §1; 1995 c.559 §53; 1995 c.583 §1; 1997 c.202 §2; 1997 c.249 §14; 1999 c.1052 §8; 2001 c.104 §4; 2001 c.962 §86; 2003 c.304 §§6,7; 2007 c.129 §17]
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