Article 7 - Fees

California Government Code — §§ 26720-26751

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Sections (36)

Added by Stats. 1947, Ch. 424.

For services performed by them sheriffs shall charge and collect the fees fixed in this article.

Added by Stats. 1980, Ch. 1372.

Notwithstanding Section 26720, fees otherwise payable by a litigant pursuant to this article shall be waived or, if paid, refunded, in any case in which the litigant is permitted by the court to proceed in forma pauperis under rules adopted by the Judicial Council pursuant to Section 68511.3.

This section is declaratory of existing law, and the enumeration in this section of fees to be waived shall not be construed to limit the power of the court to waive fees in other instances, as permitted or required under rules adopted by the Judicial Council pursuant to Section 68511.3.

Amended by Stats. 2023, Ch. 29, Sec. 1. (SB 564) Effective January 1, 2024.

Notwithstanding any other law, the amounts set forth in Sections 26721, 26721.1, 26725, 26728, 26734, 26742, and 26743 shall be fifty dollars ($50).

Amended by Stats. 2000, Ch. 629, Sec. 2. Effective January 1, 2001.

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 shall be charged for that service.

Amended by Stats. 2000, Ch. 629, Sec. 3. Effective January 1, 2001.

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 the 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.

Amended by Stats. 2023, Ch. 29, Sec. 2. (SB 564) Effective January 1, 2024.

(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).
(b)The fee for cancellation of the service of a summons prior to its completion is fifty dollars ($50).
(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).

Amended by Stats. 2023, Ch. 29, Sec. 3. (SB 564) Effective January 1, 2024.

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).

Amended by Stats. 2023, Ch. 29, Sec. 4. (SB 564) Effective January 1, 2024.

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).

Amended by Stats. 2000, Ch. 629, Sec. 5. Effective January 1, 2001.

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.

Amended by Stats. 2023, Ch. 29, Sec. 5. (SB 564) Effective January 1, 2024.

The fee for serving or posting any additionally required notices or orders on other parcels is twenty-five dollars ($25) each.

Amended by Stats. 2023, Ch. 29, Sec. 6. (SB 564) Effective January 1, 2024.

(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) 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 fifty dollars ($350) 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) for each day custody is maintained after the first day.
(c)Notwithstanding any other fee charged, a keeper shall receive seventy-five dollars ($75) when, pursuant to Section 26738, a levying

officer prepares a not-found return.

Amended by Stats. 2023, Ch. 29, Sec. 7. (SB 564) Effective January 1, 2024.

The fee for a copy of any writ, process, paper, order, or notice actually made by the sheriff when required or demanded is one dollar and twenty-five cents ($1.25) per page, except that when correct copies are furnished to

the sheriff for use no charge shall be made for those copies.

Amended by Stats. 2000, Ch. 629, Sec. 7. Effective January 1, 2001.

The fee for preparing and posting the initial notice of personal property sale under a writ of attachment, execution, or sale or order of court shall be the amount described in Section 26720.9.

Amended by Stats. 2023, Ch. 29, Sec. 8. (SB 564) Effective January 1, 2024.

The fee for preparing and posting additionally required notices of personal property sales is nineteen dollars ($19) each.

Amended by Stats. 2023, Ch. 29, Sec. 9. (SB 564) Effective January 1, 2024.

The fee for furnishing a notice for publication is nineteen dollars ($19).

Amended by Stats. 2023, Ch. 29, Sec. 10. (SB 564) Effective January 1, 2024.

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).

Amended by Stats. 2023, Ch. 29, Sec. 11. (SB 564) Effective January 1, 2024.

(a)Twenty-two dollars ($22) 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 nonautomated 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.

Amended by Stats. 1951, Ch. 1114.

The fee for publication of a notice in a newspaper is the reasonable cost of the publication.

Amended by Stats. 2023, Ch. 29, Sec. 12. (SB 564) Effective January 1, 2024.

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). 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). The fee for reposting a notice to vacate shall be pursuant to Section

26721.

Amended by Stats. 2000, Ch. 629, Sec. 10. Effective January 1, 2001.

The fee for making a levy on personal property already in possession of the officer who is holding it under attachment in the same action shall be the amount described in Section 26720.9.

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