Wednesday, November 29, 2006

County asks for relief in cost of serving writs

County asks for relief in cost of serving writs | Argus Leader Media - State: "It will cost more to sue someone in Minnehaha County if commissioners get their way.

But, county officials say, increasing some legal fees actually would save taxpayers money.

State law dictates how much a county can charge to serve subpoenas, protection orders and other legal documents. Now, that amount varies from no fee for a protection order to $16.50 for a civil debt collection order to $25.50 for a 'lockout' - where deputies stand by while a tenant is evicted and locks are changed.

Most of the court orders are served by sheriff's office staff. But officials say the fees do not come close to paying for the time it takes to serve them and taxpayers are in effect subsidizing the remainder of the cost.

'In the past few years, executions (of writs), subpoenas, protection orders have steadily increased,' said Capt. Paul Niedringhaus of the Minnehaha County Sheriff's Department.

'If the fees changed, that would allow us to hire the staff that would keep up with the demand.'

Minnehaha County commissioners want the law changed and Bob Wilcox, executive director of the South Dakota Association of County Commissioners, said his group might ask the Legislature for an increase.

'It's a possibility,' he said. 'We want to find out what other states are doing, too, particular"

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