Home Table of Contents

§ 7-402. Fees collected by sheriff

West's Annotated Code of MarylandCourts and Judicial ProceedingsEffective: October 1, 2022

West's Annotated Code of Maryland
Courts and Judicial Proceedings
Title 7. Costs, Fines, and Forfeitures (Refs & Annos)
Subtitle 4. Miscellaneous (Refs & Annos)
Effective: October 1, 2022
MD Code, Courts and Judicial Proceedings, § 7-402
§ 7-402. Fees collected by sheriff
Currentness
Fees for services
(a) Except as provided in subsections (b), (e), (f), and (g) of this section, a sheriff shall collect the following fees:
(1) $5 for service of summary ejectment papers.
(2) $60 for service of a paper not including an execution or attachment.
(3) $40 for service including an execution or attachment by taking into custody a person or seizing real or personal property.
(4) $60 for service of process papers arising out of administrative agency proceedings where the party requesting the service is a nongovernmental entity.
(5) For the sale following the execution or attachment of personal property: Three percent of the first $5,000; two percent of the second $5,000; and one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $15 and a maximum of $500 under the provisions of this paragraph.
(6) For the sale following the execution or attachment of real property: One and one-half percent of the first $5,000; one percent of the second $5,000; and one-half of one percent of any amount in excess of $10,000. The sheriff shall collect a minimum of $1.50 and a maximum of $250 under the provisions of this paragraph.
(7) $60 for service of a paper originating from a foreign court.
Service including execution or attachment by taking person into custody or seizing property
(b)(1) For service including an execution or attachment by taking into custody a person or seizing real or personal property, a sheriff may collect the amount specified in a cooperative agreement with the Child Support Administration under § 10-111 of the Family Law Article.
(2) As part of the costs awarded to a party under § 12-103 of the Family Law Article, a court may not award an amount greater than the amount specified in subsection (a) of this section for the cost of service including an execution or attachment by taking into custody a person or seizing real or personal property.
Reimbursement for conserving or protecting seized property
(c)(1) If the sheriff incurs expenses for the purpose of conserving or protecting the seized property, the sheriff shall be reimbursed for the expense.
(2) If the Sheriff of Washington County incurs expenses for seizing property, the Sheriff shall be reimbursed by the judgment debtor for reasonable expenses.
Fees refunded if service incomplete
(d)(1) Except as provided in paragraph (2) of this subsection, if the sheriff is unable to serve a paper, 50% of the fee shall be refunded to the party requesting the service.
(2) If the sheriff is unable to serve summary ejectment papers, the full fee shall be refunded to the party requesting the service.
Services not subject to fees
(e) A sheriff may not collect a fee for the service of:
(1) A paper from a housing authority created under Division II of the Housing and Community Development Article; or
(2) A summons for a law enforcement officer to appear as a witness in a criminal case.
Restrictions on surcharge collected by Baltimore City Sheriff
(f)(1) In addition to the fees specified in subsection (a) of this section and except as provided in subsections (b) and (e) of this section, the Baltimore City Sheriff shall collect a surcharge that may not be more than:
(i) $60 for service of a writ of execution; and
(ii) $40 for service of a paper originating from a foreign court.
(2) The revenue generated from the surcharge on filing fees for the sheriff services under paragraph (1) of this subsection shall fund the enhancement of sheriff benefits and the increase in sheriff personnel to enhance the service of domestic violence orders.
Other fees for service
(g) A sheriff shall collect $40 for service of a paper for:
(1) A breach of lease;
(2) A tenant holdover;
(3) A warrant of restitution;
(4) A wrongful entry and detainer; or
(5) An order of levy in distress.

Credits

Added by Acts 1973, 1st Sp. Sess., c. 2, § 1, eff. Jan. 1, 1974. Amended by Acts 1974, c. 515, Acts 1985, c. 65; Acts 1988, c. 380; Acts 1991, c. 666; Acts 1992, c. 247; Acts 1999, c. 392, § 1, eff. July 1, 1999; Acts 2007, c. 431, § 1, eff. Oct. 1, 2007; Acts 2013, c. 325, § 1, eff. July 1, 2013; Acts 2017, c. 62, § 6; Acts 2022, c. 542, § 1, eff. Oct. 1, 2022.
MD Code, Courts and Judicial Proceedings, § 7-402, MD CTS & JUD PRO § 7-402
Current through legislation effective through May 9, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
End of Document