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Posted to Justice for All by Bill Armstrong
Posted to What's New in County 22 by Craig Johnson
Lately at the sheriff’s office we have been dealing with normal end of summer events and adjusting to the kids going back to school. Please obey all traffic control signs and watch for kids on the roadways. Also be alert of school buses in the area.
The duties of the Sheriff in the Iowa Code are extensive. One area that is often overlooked is the section relating to service of civil procedure. Currently my Chief Deputy, Steve Holst, does most of the civil proceedings with the assistance of other deputies serving papers and help from my Administrative Assistants. The demands on Sheriffs’ Offices have increased over the years, but the fees allowed in the Code of Iowa have not kept pace with the demand for service by civil deputies, resulting in unfunded mandates that, eventually get passed on to local property taxpayers.
This year the Iowa State Sheriff’s and Deputies Association requested legislation to get the fees increased which hasn’t been done in several years. This was passed by the Iowa Senate 48-1 and Iowa House of Representatives 96-0, Signed by Governor 5-11-2017
The following civil fees were increased. (Information from ISSDA)
331.655 (1)…… a. b. c., e. f. g. h. k. l. n. p.
Increases current fees set in Iowa Code
--notices ($15 increase from $15 to $30);
--notices–second person same residence ($10 increase from $10 to $20);
--for warrants ($15 increase from $20 to $35);
--for subpoenas ($15 increase from $20 to $35);
--for summoning a jury for condemnation ($100 increase from $100 to $200); No longer required to attend them;
--for other court orders, execution, attachment ($15 increase from $15 to $30);
--for activities related to executing a certificate or deed for lands sold on execution or sold ($20 increase from $30 to $50); No increase on bill of sale for personal property;
--for doing inventory of personal property attached or levied upon ($10 increase from $10 to $20 per hour);
--for setting a sale of real property ($25 increase from $50 to $75)
--for conveying a person to an institution by court order ($10 increase from $15 to $25 per hour);
--for posting notices ($5 increase from $5 to $10).
-Condemnations create the greatest time demand of any civil process, most of which is in preparation of the meeting. There is currently no mechanism for collecting a fee for the lost time if a cancellation happens prior to the meeting. The Sheriff’s Office will receive a payment of $200 for summoning a jury to assess the damages to the owner’s lands taken.
-Attending the service of a writ. Sheriff’s deputies are required to stand by during the service of writs, especially evictions. Currently, the only compensation that the Sheriff gets for overseeing writs is the mileage and a $15 service fee. The Sheriff’s Office will receive an additional $25 per hour attendance fee and the new writ service fee of $30.
Hopefully this should increase revenue and reduce the burden on local property taxpayers to some degree. The increases went into effect July 1st, 2017.
And if you have any questions or comments, feel free to contact me anytime, e-mail me at firstname.lastname@example.org, or stop by to see me
Thanks and be safe,
Sheriff Mike Tschirgi