Butte — Civil Fee Schedule

Source: https://www.buttecounty.net/DocumentCenter/View/12050/Civil-New-Fee-Schedule-112024

FEE SCHEDULE

I. FEE AND DEPOSIT SCHEDULE PROCESS FEE DEPOSIT CODE SECTION AFFIDAVIT AND ORDER $50.00 26721 GOV ARREST ~ see Bench Warrant ASSESSMENT FEE ON DISBURSEMENTS $15.00 26746 GOV ATTACHMENT WRITS Automobiles and Non-Equipment Trucks $50.00 26721 GOV plus check payable to DMV $15.00 488.385(b) CCP Release of DMV Attachment Lien after 3 year attachment lien expires $50.00 26742 GOV plus check made payable to DMV $15.00 488.385 (b) CCP Equipment on AT-1, include trucks etc. used as equipment $50.00 26721 GOV plus check payable to Secretary of State (See SOS Website) $10.00 2104 CCP Release of AT-1 after 3 year attachment lien expires $50.00 26742 GOV plus check payable to Secretary of State (See SOS Website) $10.00 12194 GOV Farm Products or Inventory $50.00 26721 GOV plus check Payable to Secretary of State (See SOS Website) $10.00 2104 CCP Mobile Homes, etc. $50.00 26742 GOV plus check payable to Department of Housing $15.00 488.385(b) CCP Release of lien after 3 year attachment lien expires $50.00 26742 GOV plus check payable to Department of Housing $15.00 488.385 (b) CCP Personal Property (other than Autos, Equipment, & Farm Products) $50.00 26721 GOV Real Property Attachment ~ see Real Property AUTOMOBILE LEVY ~ see Personal Property Levy or Attachment Writs BANK LEVY (served by Sheriff or Process Server) $50.00 26721 GOV Levy on Safe Deposit Box (additional fee after receipt of MOG) $170.00 26723 GOV Bank's fee to Drill Safe Deposit Box Actual Cost 26748 GOV BENCH WARRANT (Issued Pursuant to Section 1993 of the CCP) Receive and Process Warrant. $50.00 $175.00 26744.5(a)(1) GOV Cancel the Service of the Warrant $50.00 26744.5(a)(2) GOV Unable to Locate Person After Due Diligence $105.00 26744.5(a)(3) GOV Arrest, which shall include Arrest & Release on $125.00 26744.5(a)(4) GOV Promise to Appear BENCH WARRANT (CCP 491.160(a)(1)(a) or 708.170(a)(1)(a)) $50.00 26744 GOV BUSINESS LEVY – see Keeper Levy BOOK LEVY - On Property Held by Levying Officer $50.00 26734 GOV CANCELLATION OF SERVICE prior to completion $50.00 26736 GOV CERTIFICATION OF CORRECTION - CVC 40616 $25.00 26746.1 GOV CERTIFIED MAIL - Return Receipt Requested Actual Cost 26748 GOV CITATION, Certification Of Correction - CVC 40616 $25.00 26746.1 GOV CLAIM AND DELIVERY WRITS Serve Writ & Undertaking with Levy $125.00 26722 GOV Serve Summons and Complaint with Writ $50.00 26721 GOV Notice of Application and Hearing: $50.00 26721 GOV Supporting Affidavits and/or Notices No Charge 26721 GOV Temporary Restraining Order & Supporting Documents $50.00 26721 GOV Order to Transfer Possession & Supporting Documents $50.00 26721 GOV Keeper fees see Keeper Levy Moving and Storage Costs Actual Cost 26748 GOV CLAIM OF PLAINTIFF - Small Claims $50.00 26721 GOV COMMUNITY PROPERTY LEVY NOTIFICATION Mailing Notice of Levy to spouse of debtor No Charge 26721 GOV Mailing Notice of Sale to spouse of debtor $50.00 26721 GOV COMPLAINT - without Summons $50.00 26721 GOV COPYING FEE - Per Page $1.25 26727 GOV COUNTER CLAIM or Counter Affidavit $50.00 26721 GOV CROSS COMPLAINT - Small Claims $50.00 26721 GOV DEBTOR'S INTEREST IN ESTATE $50.00 26721 GOV

PROCESS FEE DEPOSIT CODE SECTION DECLARATION OF DILIGENCE None Repealed DISBURSEMENT FEE $15.00 26746 GOV EARNINGS WITHHOLDING ORDER $45.00 26750 GOV EQUIPMENT - see Attachment or Personal Property ESTATE LEVY $50.00 26721 GOV EVICTION - Writ of Possession - Real Property Posting eviction $105.00 26733.5 GOV Reposting eviction $50.00 26721 GOV Removing occupants and putting a person in possession $75.00 26733.5 GOV Cancellation prior to service of notice to vacate $50.00 26736 GOV Cancellation after service of notice to vacate $50.00 26736 GOV Failure to take possession after service of notice to vacate $50.00 26736 GOV EXECUTE/SERVING ANY OTHER INSTRUMENT $50.00 26742 GOV EXECUTION- Writ of (Taking Immediate Possession) $125.00 Varies 26722 GOV GARNISHMENTS Attachment or Execution (except wage) $50.00 26721 GOV JOINT DEBTOR SUMMONS $50.00 26721 GOV JURY SUMMONS for Civil Jury 12 or Less $2.00 26745 GOV Each Additional Juror $0.10 26745 GOV KEEPER LEVY (Sheriff's fees) Released at the end of 8 hours $125.00 $300.00 26722 GOV Fee per day for continuously maintaining levy after first day $50.00 26726(b) GOV Not found - Sheriff's fee (non-installation) $50.00 26738 GOV KEEPER FEES (amount paid to keeper) 8 hours or less $175.00 26726(a) GOV 8-12 hours (keeper not to exceed $350 in any 24 hour period) $350.00 26726(a) GOV Not found ~ fee to keeper (non-installation) $75.00 26726(c) GOV

LEVY - see Levy Type i.e. eviction real property, etc. MILITARY AFFIDAVIT $50.00 26742 GOV Additional Fee for Notary when Required $15.00 8211 GOV NOT FOUND RETURN (Other than a Summons) $50.00 26738 GOV NOTARY $15.00 8211 GOV NOTICE - Landlord/Tenant $50.00 26721 GOV ORDER FOR APPEARANCE OR EXAMINATION $50.00 26721 GOV ORDER TO SHOW CAUSE $50.00 26721 GOV PERSONAL PROPERTY LEVY - Writ of Execution or Possession Personal Property Levy without Seizure or Turnover $50.00 26721 GOV Perform Levy and Seize or Turnover Property $125.00 26722 GOV Hiring Private Inventory Service Actual Cost 26748 GOV Moving and Storage Costs Actual Cost 26748 GOV Prepare and Post First Sale Notice $50.00 26728 GOV Posting Each Additional Sale Notice $19.00 26728.1 GOV Serve Sale Notice on Each Debtor (personally or by mail) $50.00 26721 GOV Serve Sale Notice on Judgment Creditor or Attorney No Charge Serve Sale Notice on Each Person Listed on Back of Writ $50.00 26721 GOV Conduct or Postpone Sale $110.00 26730 GOV Prepare and Issue Certificate of Sale - Personal Property $19.00 26741 GOV Personal Property, Writ of Possession with Seizure of Prop. $125.00 Varies 26722 GOV Vehicle Levy - Large Truck $125.00 Varies 26722 GOV POSSESSION, WRIT OF (C&D) ~ see Claim & Delivery POSSESSION, WRIT OF (Personal Property) ~ see Personal Prop. POSSESSION, WRIT OF (Real Property) ~ see Eviction POSTPONING SALE - Real or Personal Property $110.00 See PP or RP 26730 GOV with Copy of Summons and Complaint $50.00 26721.1 GOV PROOF OF CORRECTION CERTIFICATION CVC 40616 $25.00 26746.1 GOV REAL PROPERTY LEVY ~ Execution or Attachment Varies Real Property Levy Completed by Process Server $50.00 26721 GOV

Real Property Levy Prepared and Recorded by Sheriff $50.00 26721 GOV County Recorder recording fee (Varies by County) Actual Cost Varies 26748 GOV Demand Letter for Application for Order for Sale of Dwelling No Charge 26721 GOV Mail Notice of Levy to each Debtor No Charge 26721 GOV PROCESS FEE DEPOSIT CODE SECTION REAL PROPERTY LEVY (cont.) Mail Notice of Levy to 3rd Person in whose name the debtor's $50.00 26725 GOV interest stands upon the county records, per CCP 700.015(a) (not the same as other joint owners) Mail Notice of Levy to Additional (Joint) Owners of Record $50.00 26725 GOV (this notice is not required by code) Mail Notice of Levy to Other Individuals Specified in Creditor's $50.00 26721 GOV Instructions Serve Levy on Occupant or Post Property if No Occupant $50.00 26725 GOV Post Levy on Additional Non-Attached Parcels $25.00 26725.1 GOV Serve Application for Order for Sale of Dwelling on Occupant $50.00 26725 GOV or post on real property (if instructed to do so by creditor/attorney) REAL PROPERTY Sale Prepare Sale Notice and Mail or Deliver to Publisher $19.00 26729 GOV Publisher's Cost for Publishing Sale Notice Actual Cost 26732 GOV Mail Sale Notice to each Judgment Debtor $50.00 26721 GOV Mail Sale Notice to Creditor or Creditor's Attorney No Charge 26721 GOV Mail Sale Notice to Each Person Listed On Back of Writ $50.00 26721 GOV Mail Sale Notice to 3rd Person in whose name the debtor's $50.00 26721 GOV interest in real property stands per 700.015(a) Mail Sale Notice to Each Lien Holder $50.00 26721 GOV Mail Sale Notice Per Court Order or Attorney's Instructions $50.00 26721 GOV Serve Occupant of Real Property if present (one attempt) $50.00 26721 GOV Post Sale Notice on Real Property whether or not occupant $50.00 26721 GOV is present Post Sale Notice on Additional Unattached Parcels $25.00 26725.1 GOV Post Sale Notice in One Public Place in the City (if no city, $50.00 26721 GOV then the county) where the Sale is to be held Conduct or Postpone Sale $110.00 26730 GOV Prepare and Record Real Property Certificate of Sale $19.00 26741 GOV (only on writ of sale with redemption) Notary Fee to Notarize Certificate of Sale $15.00 8211 GOV County Recorder recording fee (Varies by County) Actual Cost 26748 GOV Transfer Tax not paid on Certificate, it's paid on Deed Prepare and Mail Right to Redeem Letter to Debtor $50.00 26721 GOV Certified Mail Actual Cost 26748 GOV Prepare Certificate of Redemption and Deliver to Recorder $19.00 26740 GOV Notarize Certificate of Redemption $15.00 8211 GOV Prepare and Deliver Sheriffs Deed to Recorder $19.00 26741 GOV Notarize Deed $15.00 8211 GOV Recorder's Fee to Record Deed Actual Cost 26748 GOV Transfer Tax, Parcel Tax, etc. Actual Cost CO. ORD. Prepare and Deliver Real Property Release to Recorder $50.00 26742 GOV Notarize Release $15.00 8211 GOV Recorder's Fee to record release Actual Cost 26748 GOV REGISTERED MAIL - Return Receipt Requested Actual Cost 26748 GOV REGISTERED PROCESS SERVER - Open File and Levy $50.00 26721 GOV RESTRAINING ORDER (Refer to GOV 26721) $50.00 26721 GOV SAFE DEPOSIT BOX - After MOG received from bank Levying Officer Fee $170.00 26723 GOV Safe Deposit - Bank's Fee to Drill Box Actual Cost 26748 GOV SALE - Conduct or Postpone Sale of Real or Personal Property $110.00 26730 GOV SECRETARY OF STATE - see Attachments SPECIAL FUND FEES Assessment on disbursements $15.00 26746 GOV

Portion of Fees Set Aside in Fund (automated systems) $22.00 26731 GOV SPOUSE - see Community Property Levy Notification SUBPOENA, CIVIL – Sheriff’s Fee $50.00 26743 GOV (with or W/O Subpoenas and Affidavit) 26720.9 GOV SUBPOENA, CIVIL STATE COURT Witness Fees $275.00 Any peace officer, any firefighter, any state employee, any trial court Actual Cost 68097.2 GOV Per Day employee, any county employee, or a volunteer fire fighter. PROCESS FEE DEPOSIT CODE SECTION SUBPOENA, CIVIL STATE COURT Witness Fees: General Public - All others not listed in Gov Code 68097.2 Actual Cost 68093 GOV (35.00 per day plus $0.20 per mile) SUBPOENA, CIVIL FEDERAL COURT Witness Fees: $40 per day(travel to and from court included), plus travel expenses, plus Actual Cost 28 U.S.C.§1821 mileage per uniformed table of distances adopted by the U.S. General Services Administration (GSA). SUMMONS AND COMPLAINT and supporting documents $50.00 26721.2 GOV SUMMONS AND COMPLAINT, Cancellation or Not found $50.00 26721.2 GOV SUMMONS, Complaint & Prejudgment Claim of Right to Possession $50.00 26721.1 GOV with unnamed tenants SUMMONS AND PETITION $50.00 26721.2 GOV TILL TAP $125.00 26722 GOV VEHICLE INSPECTION Proof of Correction CVC 40616 $25.00 26746.1 GOV VEHICLE LEVY ~ see Personal Property WAGE GARNISHMENT ~ see Earnings Withholding Order WARRANT OF ATTACHMENT see Bench Warrant WARRANT, BENCH ~ see Bench Warrant WRIT OF ATTACHMENT ~ see Attachment WRIT OF EXECUTION - Money Judgment ~ see type of levy WRIT OF POSSESSION - Personal Property ~ see Personal Property WRIT OF POSSESSION – Prejudgment ~ see Claim & Delivery WRIT OF POSSESSION - Real Property ~ see Eviction WRIT OF RESTITUTION ~ see Eviction WRIT OF SALE ~ see type of levy

*You are requested to notify a Civil Committee member of any fee not listed or updated*

II. CODE SECTIONS CONTROLLING SHERIFF'S FEES

A. GOV 6101. HABEAS CORPUS: No fee shall be charged in proceedings upon habeas corpus.

B. GOV 6103.2. ADVANCED FEES - PUBLIC AGENCIES: The sheriff, in connection with the service of process or notices, may require, notwithstanding specified existing provisions that all fees be paid in advance by all public agencies, except on any action:

• By the District Attorney's Office for the establishment or enforcement of a child support obligation or a protective order, restraining order, or injunction to be issued, if either of the following conditions applies:

• Where the protective order, restraining order, or injunction issued pursuant to this section is based upon stalking, as prohibited by Section 646.9 of the Penal Code.

• Where the protective order, restraining order, or injunction issued pursuant to CCP 527.6 is based upon unlawful violence or a credible threat of violence.

C. GOV 8211. NOTARY PUBLIC FEES: If a fee is charged by a notary public, the fee shall be the fee prescribed in this section and in Sections 8211. The fee of a notary public for taking an acknowledgment or proof of a deed, or other instrument, to include the seal and the writing of the certificate, is the sum of fifteen dollars ($15) for each signature. The fee of a notary public for administering an oath or affirmation to one person and executing the jurat, including the seal, is fifteen dollars ($15).

D. GOV 12194. SECRETARY OF STATE LIEN The fees for filing liens pursuant to the Code of Civil Procedure and for filing financing statements and other Uniform Commercial Code filings are the following:

(a) Ten dollars ($10.00) if the record is communicated in writing and consists of one or two pages.

(b) Twenty dollars ($20.00) if the record is communicated in writing and consists of more than two pages.

(c) Five dollars ($5.00) if the record is communicated by another medium authorized by a rule adopted by the office of the Secretary of State.

(d) Two dollars ($2.00) if the record is a state tax lien certificate of release.

E. GOV 26720. FEES TO BE CHARGED AND COLLECTED: For services performed by them, sheriffs shall charge and collect fees fixed in this article.

F. GOV 26720.9 INCREASE SPECIFIED FEES: Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50.00).

G. GOV 26721. SERVICE OR EXECUTION OF PROCESS OR NOTICE: Except as provided in this article, the fee for serving or executing any process or notice required by law or the litigants to be served shall be the amount described in Section 26720.9, and there shall be no additional fee for substitute service when substitute service is authorized.

However, no fee shall be charged for serving an emergency protective order, protective order, or restraining order issued pursuant to Division 10 of the Family Code (The Domestic Violence Prevention Act) on a respondent who is in custody.

In any case where property has been levied upon and, pursuant to the levy, a copy of the writ of execution and a notice of levy are required by statute to be served either personally or by mail upon the judgment debtor or other person, no fee should be charged for that service.

H. GOV 26721.1 SERVICE OF PREJUDGMENT CLAIM OF POSSESSION: In an action for unlawful detainer, the fee for service of a summons, complaint, and prejudgment claim of right to possession pursuant to Section 415.46 of Code of Civil Procedure shall be the amount described in Section 26720.9 for all occupants not named in the summons. The fee is not refundable.

I. GOV 26721.2 SERVICE OF SUMMONS FROM SUPERIOR COURT OF GENERAL JURISDICTION:

(a) For any action commenced in the superior court, the fee for the service of the summons, the complaint for which the summons is issued, and all other documents or notices required to be served with the summons and complaint, is fifty dollars ($50.00).

(b) The fee for cancellation of the service of a summons prior to its completion is fifty dollars ($50.00).

(c) The fee for making a not-found return on a summons certifying that the person cannot be found at the address specified is fifty dollars ($50.00).

J. GOV 26722. SERVICE OR EXECUTION OF PROCESS/POSSESSION OF PROPERTY: The fee for serving, executing, or processing any writ or order where the levying officer is required to take immediate possession of the property levied upon is one hundred twenty-five dollars ($125.00).

K. GOV 26723. OPENING SAFE DEPOSIT BOX The fee for opening a safe-deposit box pursuant to Sections 488.460 and 700.150 of the Code of Civil Procedure is one hundred seventy dollars ($170.00).

L. GOV 26725. SERVICE ON REAL PROPERTY AND RECORD OWNER: The fee for serving, executing, or processing a Writ of Attachment, Writ of Execution, Writ of Sale or Order on real estate, as to the initial service or posting of a continuous unbroken parcel or tract and the fee for serving a record owner other than the defendant shall be the amount described in Section 26720.9.

M. GOV 26725.1. ADDITIONAL PARCELS: The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25.00) each.

N. GOV 26726(a), (b), and (c). KEEPER FEES: (a) The fee for keeping and caring for property under a writ of attachment, execution, possession, or sale is one hundred seventy-five dollars ($175.00) when necessarily employed for any eight- hour period or any part thereof. If an additional keeper or keepers are required during these periods, the fee for the additional keeper or keepers shall be the same as fixed, but, in no event shall any one keeper receive more than three hundred dollars ($350.00) during any 24-hour period when so employed.

(b) In addition to the fees provided by Section 26721, the fee for maintaining custody of property under levy by the use of a keeper is fifty dollars ($50.00) for each day custody is maintained after the first day.

(c) Notwithstanding any other fee charged, a keeper shall receive seventy-five dollars ($75.00) when, pursuant to Section 26738, a levying officer prepares a not-found return.

O. GOV 26727. PREPARING COPIES: The fee for a copy of any writ, process, paper, order, or notice actually made by him or her when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to him or her for use no charge shall be made for those copies.

P. GOV 26728. PERSONAL PROPERTY SALE NOTICES: The fee for preparing and posting the initial notice of personal property sale under attachment, execution, or order of the court shall be the amount described in Section 26720.9.

Q. GOV 26728.1. ADDITIONAL NOTICES: The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19.00) each.

R. GOV 26729. FURNISHING NOTICE FOR PUBLICATION: The fee for furnishing a notice for publication is nineteen dollars ($19.00).

S. GOV 26730. CONDUCTING AND POSTPONING SALE OF PERSONAL PROPERTY: The fee for conducting or postponing the sale of real or personal property as required by law or the litigant is one hundred ten dollars ($110.00).

T. GOV 26731. PORTION OF FEES SET ASIDE IN FUND: (a) Twenty-two dollars ($22.00) of any fee collected by the sheriff’s civil division or marshal under Sections 26721, 26722, 26725, 26726, 26728, 26730, 26733.5, 26734, 26736, 26738, 26742, 26743, 26744, and 26750 shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(b) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other non-automated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

U. GOV 26732. PUBLICATION OF NOTICE IN NEWSPAPER: The fee for publication of a notice in a newspaper is the reasonable cost of the publication. (Also see GOV26729.)

V. GOV 26733.5. SERVICE OF WRIT OF POSSESSION: The fee for serving a writ of possession of real property on an occupant or the occupants or for posting and serving a copy on the judgment debtor is one hundred five dollars ($105.00). The additional fee for removing an occupant or occupants from the premises and putting a person in possession of the premises is seventy-five dollars ($75.00). The fee for reposting a notice to vacate shall be pursuant to Section 26721 [fifty dollars (50.00)].

W. GOV 26734. LEVY ON PERSONAL PROPERTY HELD UNDER ATTACHMENT: The fee for making a levy on personal property already in possession of the officer who is holding same under attachment in the same action shall be the amount described in Section 26720.9.

X. GOV 26736. CANCELLATION OF SERVICE: The fee for cancellation of the service or execution of any process or notice, other than a summons, prior to its completion is fifty dollars ($50.00). The fee provided by this section shall not be charged if a fee is charged pursuant to any other section of this article in attempting to serve or execute the process or notice.

Y. GOV 26738. NOT-FOUND RETURN: The fee for making a not-found return on an affidavit and order, order for appearance, subpoena, writ of attachment, writ of execution, writ of possession, order for delivery of personal property, or other process or notice required to be served, certifying that the person or property cannot be found at the address specified is fifty dollars ($50.00).

Z. GOV 26740. EXECUTION AND DELIVERY OF DEED: The fee for the execution and delivery of a deed or certificate of redemption is nineteen dollars ($19.00).

AA. GOV 26741. EXECUTION AND DELIVERY OF CERTIFICATE OF SALE: The fee for executing and delivering a certificate or deed of sale is nineteen dollars ($19.00).

BB. GOV 26742. EXECUTION AND DELIVERY OF OTHER INSTRUMENTS: The fee for executing and delivering any other instrument shall be the amount described in Section 26720.9.

CC. GOV 26743. SUBPOENAING WITNESSES: The fee for subpoenaing a witness, including a copy of the subpoena and any affidavit required to be served therewith shall be the amount described in Section 26720.9.

DD. GOV 26744. SERVICE OR EXECUTION OF BENCH WARRANT: The fee for serving or executing a bench warrant arising from an order of appearance issued under subparagraph (A) of paragraph (1) of subdivision (a) of Section 491.160 or subparagraph (A) of paragraph (1) of subdivision (a) of Section 708.170 of the Code of Civil Procedure is fifty dollars ($50.00).

EE. GOV 26744.5. FEES FOR CCP 1993 BENCH WARRANT (a) The fees for processing a warrant issued pursuant to Section 1993 of the Code of Civil Procedure shall be paid by the moving party, as follows:

(1) Fifty dollars ($50.00) to receive and process the warrant, which shall include the issuance

and mailing of a notice advising the person to be arrested of the issuance of the warrant and demanding that the person appear in court.

(2) Fifty dollars ($50.00) to cancel the service of the warrant.

(3) One hundred five dollars ($105.00) if unable to find the person at the address specified using due diligence.

(4) One hundred twenty-five dollars ($125.00) to arrest the person, which shall include the arrest and release of the person on a promise to appear pursuant to Section 1993.2 of the

Code of Civil Procedure.

(b) The fee waiver provisions under Rules 3.50 to 3.58, inclusive, of the California Rules of Court shall apply to the collection of fees under this section.

FF. GOV 26745. SUMMONING CIVIL TRIAL JURY: The fee for summoning a trial jury of 12 or less is two dollars ($2.00), and for each additional juror, ten cents ($0.10).

GG. GOV 26746. DEBTOR PROCESSING ASSESSMENT FEE: (a) In addition to any other fees required by law, a processing fee of fifteen dollars ($15.00) shall be assessed for each disbursement of money collected under a writ of attachment, execution, possession, or sale, but excluding any action by the local child support agency for the establishment or enforcement of a child support obligation. The fee shall be collected from the judgment debtor in addition to, and in the same manner as, the moneys collected under the writ. All proceeds of this fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the depositor.

(b) The special fund shall be expended to supplement the county’s cost for vehicle fleet replacement and equipment, maintenance, and civil process operations, including data systems and consultant services.

(c) A processing fee shall not be charged pursuant to this section if the only disbursement is the return of the judgment creditor’s deposit for costs.

HH. GOV 26746.1. FEE FOR VEHICLE INSPECTION CERTIFICATIONS PER CVC 40616: (a) A twenty-five dollar ($25.00) fee shall be assessed by the sheriff or marshal for certification of correction on each citation that requires inspection for proof of correction of any violation pursuant to Section 40616 of the Vehicle Code.

(b) All proceeds of the fee shall be deposited in a special fund in the county treasury. A separate accounting of funds deposited shall be maintained for each depositor, and funds deposited shall be for the exclusive use of the sheriff’s civil division or marshal.

(c) Ninety-five percent of the moneys in the special fund shall be expended to supplement the costs of the depositor for the implementation, maintenance, and purchase of auxiliary equipment and furnishings for automated systems or other non-automated operational equipment and furnishings deemed necessary by the sheriff’s civil division or marshal. Five percent of the moneys in the special fund shall be used to supplement the expenses of the sheriff’s civil division or marshal in administering the funds.

II. GOV 26747. TRANSPORTING CIVIL PRISONERS TO COUNTY JAIL: For transporting prisoners to the county jail, the sheriff shall charge the actual costs of such transportation.

JJ. GOV 26748. EXPENSES FOR INSPECTING, CHECKING, RELEASING OR OTHER HANDLING OF PROPERTY: In addition to the fees provided by this article, the sheriff may collect from the litigant or person requiring his services, his actual expenses for inspection, checking, releasing, or any other handling of property under his custody, charge, or keeping pursuant to any process, writ, order, paper, or notice, and actual postal charge paid for mailing by registered mail or certified mail any notice or demand required or authorized by law to be sent by registered mail or certified mail.

KK. GOV 26749. TRANSPORTING PRISONERS OR PATIENTS TO STATE INSTITUTIONS: The sheriff shall receive expenses necessarily incurred in conveying insane persons to and from the state hospitals and in conveying persons to and from the state prisons or other state institutions, or to other destinations for the purpose of deportation to other states, or in advancing actual traveling expenses to any person committed to a state institution who is permitted to report to an institution without escort, which expenses shall be allowed by the State Board of Control and paid by the state.

LL. GOV 26750. EARNINGS WITHHOLDING ORDERS: (a) The fee for serving an earnings withholding order under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure), including, but not limited to, the costs of postage or traveling, and for performing all other duties of the levying officer under that law with respect to the levy shall be forty-five dollars ($45.00).

(b) Except as provided in Section 26746, the levying officer shall not charge additional fees, costs, or expenses for performing the duties under the Wage Garnishment Law (Chapter 5 (commencing with Section 706.010) of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure).

MM. GOV 68093. STATE CIVIL SUBPOENA – GENERAL PUBLIC Except as otherwise provided by law, witness’ fees for each day’s actual attendance, when legally required to attend a civil action or proceeding in the superior courts, are thirty-five dollars ($35) a day and mileage actually traveled, both ways, twenty cents ($0.20) a mile.

NN. GOV 68097.2. STATE CIVIL SUBPOENA – GOV AGENCY/PEACE OFFICERS/FIREFIGHTERS

(a) Any peace officer, as that term is defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, any firefighter, any state employee, any trial court employee, or any county employee, who is obliged by a subpoena issued pursuant to Section 68097.1 to attend as a witness, shall receive the salary or other compensation to which he or she is normally entitled from the public entity by which he or she is employed during the time that he or she travels to and from the place where the court or other tribunal is located and while he or she is required to remain at that place pursuant to the subpoena. He or she shall also receive from the public entity by which he or she is employed the actual necessary and reasonable traveling expenses incurred by him or her in complying with the subpoena.

(b) The party at whose request the subpoena is issued shall reimburse the public entity for the full cost to the public entity incurred in paying the peace officer, firefighter, state employee, trial court employee, or specified county employee his or her salary or other compensation and traveling expenses as provided for in this section, for each day that the peace officer, firefighter, state employee, trial court employee, or specified county employee is required to remain in attendance pursuant to the subpoena. The amount of two hundred seventy-five dollars ($275), together with the subpoena, shall be tendered to the person accepting the subpoena for each day that the peace officer, firefighter, state employee, trial court employee, or specified county employee is required to remain in attendance pursuant to the subpoena.

(c) If the actual expenses should later prove to be less than the amount tendered, the excess of the amount tendered shall be refunded.

(d) If the actual expenses should later prove to be more than the amount deposited, the difference shall be paid to the public entity by the party at whose request the subpoena is issued.

(e) If a court continues a proceeding on its own motion, no additional witness fee shall be required prior to the issuance of a subpoena or the making of an order directing the peace officer, firefighter, state employee, or trial court employee to appear on the date to which the proceeding is continued.

(f) For the purposes of the payment of the salary or other compensation of a volunteer firefighter pursuant to subdivision (a), a volunteer firefighter who is subpoenaed to appear as a witness in connection with a matter regarding an event or transaction that he or she has perceived or investigated in the course of his or her duties as a volunteer firefighter, shall be deemed to be entitled to reasonable compensation evidenced by the compensation paid to firefighters in jurisdictions with similar geographic and economic characteristics. However, the requirements of subdivision (a) and of this subdivision are not applicable if a volunteer firefighter will receive his or her regular salary or other compensation pursuant to the policy of his or her regular employer, for the periods during which compensation is required under subdivision (a).

OO. 28 U.S.C.§1821. PER DIEM, MILEAGE AND SUBSISTENCE (a)(1) Except as otherwise provided by law, a witness in attendance at any court of the United States, or before a United States Magistrate Judge, or before any person authorized to take his deposition pursuant to any rule or order of a court of the United States, shall be paid the fees and allowances provided by this section.

(2) As used in this section, the term “court of the United States” includes, in addition to the courts listed in section 451 of this title, any court created by Act of Congress in a territory which is invested with any jurisdiction of a district court of the United States.

(b) A witness shall be paid an attendance fee of $40.00 per day for each day's attendance. A witness shall also be paid the attendance fee for the time necessarily occupied in going to and returning from the place of attendance at the beginning and end of such attendance or at any time during such attendance.

(c)(1) A witness who travels by common carrier shall be paid for the actual expenses of travel on the basis of the means of transportation reasonably utilized and the distance necessarily traveled to and from such witness's residence by the shortest practical route in going to and returning from the place of attendance. Such a witness shall utilize a common carrier at the most economical rate reasonably available. A receipt or other evidence of actual cost shall be furnished.

(2) A travel allowance equal to the mileage allowance which the Administrator of General Services has prescribed, pursuant to section 5704 of title 5, for official travel of employees of the Federal Government shall be paid to each witness who travels by privately owned vehicle. Computation of mileage under this paragraph shall be made on the basis of a uniformed table of distances adopted by the Administrator of General Services.

(3) Toll charges for toll roads, bridges, tunnels, and ferries, taxicab fares between places of lodging and carrier terminals, and parking fees (upon presentation of a valid parking receipt), shall be paid in full to a witness incurring such expenses.

(4) All normal travel expenses within and outside the judicial district shall be taxable as costs pursuant to section 1920 of this title.

(d)(1) A subsistence allowance shall be paid to a witness when an overnight stay is required at the place of attendance because such place is so far removed from the residence of such witness as to prohibit return thereto from day to day.

(2) A subsistence allowance for a witness shall be paid in an amount not to exceed the maximum per diem allowance prescribed by the Administrator of General Services, pursuant to section 5702(a) of title 5, for official travel in the area of attendance by employees of the Federal Government.

(3) A subsistence allowance for a witness attending in an area designated by the Administrator of General Services as a high-cost area shall be paid in an amount not to exceed the maximum actual subsistence allowance prescribed by the Administrator, pursuant to section 5702(c)(B) 1 of title 5, for official travel in such area by employees of the Federal Government.

(4) When a witness is detained pursuant to section 3144 of title 18 for want of security for his appearance, he shall be entitled for each day of detention when not in attendance at court, in addition to his subsistence, to the daily attendance fee provided by subsection (b) of this section.

PP. 4016 PC COST OF HOUSING CIVIL PRISONERS: Whenever a person is committed upon process in a civil action or proceeding, except when the people of this State are a party thereto, the sheriff is not bound to receive such person, unless security is given on the part of the party at whose instance the process is issued, by a deposit of money, to meet the expenses for him of necessary food, clothing, and bedding, or to detain such person any longer than these expenses are provided for. This section does not apply to cases where a party is committed as a punishment for disobedience to the mandates, process, writs, or orders of court.

QQ. 2104 CCP. UNIFORM FEDERAL LIEN REGISTRATION ACT

The fee charged for recording and indexing each notice of lien or certificate or notice affecting the lien filed with the county recorder shall be the same as those established by Article 5 (commencing with Section 27360) of Chapter 6 of Part 3 of Division 2 of Title 3 of the Government Code for the recording and indexing of documents.

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien with the office of the Secretary of State is set forth in subdivision (a) of Section 12194 of the Government Code.

The officer shall bill the district directors of internal revenue or other appropriate federal officials on a monthly basis for fees for documents recorded or filed by the county recorder or the Secretary of State.

RR. 488.385 CCP. ATTACHMENT WRIT FEES – VEHICLE/VESSELS

(a) To attach a vehicle or vessel for which a certificate of ownership has been issued by the Department of Motor Vehicles, or a mobile home or commercial coach for which a certificate of title has been issued by the Department of Housing and Community Development, which is equipment of a going business in the possession or under the control of the defendant, the levying officer shall file with the appropriate department a notice of attachment, in the form prescribed by the appropriate department, which shall contain all of the following:

(1) The name and mailing address of the plaintiff. (2) The name and last known mailing address of the defendant. (3) The title of the court where the action is pending and the cause and number of the action. (4) A description of the specific property attached. (5) A statement that the plaintiff has acquired an attachment lien on the specific property of the defendant.

(b) Upon presentation of a notice of attachment, notice of extension, or notice of release under this section for filing and tender of the filing fee to the appropriate department, the notice shall be filed and indexed. The fee for filing and indexing the notice is fifteen dollars ($15.00).

(c) Upon the request of any person, the department shall issue its certificate showing whether there is on file in that department on the date and hour stated therein any notice of attachment filed against the property of a particular person named in the request. If a notice of attachment is

on file, the certificate shall state the date and hour of filing of each such notice of attachment and any notice affecting any such notice of attachment and the name and address of the plaintiff. The fee for the certificate issued pursuant to this subdivision is fifteen dollars ($15.00). Upon request, the department shall furnish a copy of any notice of attachment or notice affecting a notice of attachment for a fee of one dollar ($1.00) per page. (d) If property subject to an attachment lien under this section becomes a fixture (as defined in paragraph (41) of subdivision (a) of Section 9102 of the Commercial Code), the attachment lien under this section is extinguished.

SS. 491.160 CCP & 708.170 CCP. BENCH WARRANTS

(a) If an order requiring a person to appear for an examination was served by a sheriff, marshal, a person specially appointed by the court in the order, or a registered process server, and the person fails to appear:

(1) The court may do either of the following:

(A) Pursuant to a warrant, have the person brought before the court to answer for the failure to appear and may punish the person for contempt.

(B) Issue a warrant for the arrest of the person who failed to appear as required by the court order, pursuant to Section 1993.

(2) If the person's failure to appear is without good cause, the judgment creditor shall be awarded reasonable attorney's fees incurred in the examination proceeding. Attorney's fees awarded against the judgment debtor shall be added to and become part of the principal amount of the judgment.

(b) A person who willfully makes an improper service of an order for an examination which subsequently results in the arrest pursuant to subdivision (a) of the person who fails to appear is guilty of a misdemeanor.

*References to Superior court have been changed to General Jurisdiction Court. Justice courts no longer exist in California.