NOTICE OF FEE INCREASE FOR SERVICE OF PAPERS
The Oregon State Legislature passed House Bill 2393, which increases the fees the sheriff is mandated to collect for the service of civil process papers. The increase will take effect on January 1, 2010. Any papers received after this date will require the new fee to be submitted. Below is a list of the current fees for 2009 (left column), and what the new fees will be starting January 1, 2010 (right column).
SHERIFF’S FEE SCHEDULE
2009 Fees Total Fee Jan 1, 2010
For service of notice process: i.e. a summons (+attachments), a notice of restitution, a subpoena, a citation, an order, a small claim, directed to not more than two different parties at the same address for one court case: $28 $36
Example of Service Fee: (more than 2 people at one address = $20 per person)
# of parties/same court case 2009 Fee Total Fee Jan 1, 2010 1 person $28 $36
2 persons/1 address $28 $36
2 person/2 addresses $56 $72
3 persons/1 address $45 $60
4 persons/1 address $60 $80
Mileage (for travel in excess of 75 miles round trip from the Sheriff’s Office to service
location). Fee is in addition to the schedule above: $25 $40
Eviction Enforcement (Writ of Execution of Judgment of Restitution). Please note that ‘Et Al’ or ‘All other occupants’ counts as a party in all actions. See example below:
# of tenants 2009 Fee Total Fee Jan 1, 2010
1 or 2/same address $28 ($36) + $47 ($70) $75 $106
Other Enforcement Process (Writ of Execution, Order of Assistance, Claim and Delivery, etc). *Most enforcement includes standby, postage and advertising fees. $47 $70
Call the civil process unit for your specific case.
Conveyance of real property (Sheriff’s Deed) $15 $30
If you have any questions about the new fee schedule, please do not hesitate to contact the civil process unit at 503-325-8635. Please remember that these are statewide fees and must be collected by the sheriff pursuant to law.
*Please provide a self addressed stamped envelope if you would like a copy of the proof of service. If you do not provide one, you will not receive a copy.
OREGON RULES OF CIVIL PROCEDURE
RULE 7D(2)(b) Substituted service. Substituted service may be made by delivering true copies of the summons and the complaint at the dwelling house or usual place of abode of the person to be served, to any person 14 years of age or older residing in the dwelling house or usual place of abode of the person to be served. Where substituted service is used, the plaintiff, as soon as reasonably possible, shall cause to be mailed, by first class mail, true copies of the summons and the complaint to the defendant at defendant’s dwelling house or usual place of abode, together with a statement of the date, time, and place at which substituted service was made. For the purpose of computing any period of time prescribed or allowed by these rules or by statute, substituted service shall be complete upon such mailing.