HISTORY OF FEES CHARGED FOR SERVICE OF

CIVIL PROCESS PER COPY

Source: GALILEO, University System of Georgia,

Which Goes from the years 1774-1995

YEAR / $ AMOUNT / REFERENCE
1945 / $3.00 / Ga. L. 1945, p. 221
1955 / $5.00 / Ga. L. 1955, p. 383, § 1
1968 / $7.50 / Ga. L. 1968, p. 988, §§ 1, 2
1976 / $10.00 / Ga. L. 1976, p. 702, §§ 1-3
1979 / $15.00* / Ga. L. 1979, p. 988, §§ 1, 2
1982 / No change / Ga. L. 1982, p. 3, § 15
1982 / $20.00 / Ga. L. 1982, p. 1659, §§ 1-4
1983 / No change / Ga. L. 1983, p. 3, § 12
1988 / No Change / Ga. L. 1988, p. 548, §§ 1, 2
1991 / $25.00 / Ga. L. 1991, p. 1166, §§ 1, 2
1992 / $25.00 / Ga. L. 1992, p. 1311, § 2
1996 / $25.00 / Ga. L. 1996, p. 883, § 4
2001 / $25.00 / Ga. L. 2001, p. 885, § 3

*This change included the following language: “In the event there is multiple service at the same location there shall be only one $15.00 charge for such service of process.” (note: the 1982 change eliminated this language).

HISTORY OF FEES CHARGED FOR SERVICE OF

CIVIL PROCESS PER COPY

(Source: GALILEO, University System of Georgia)

YEAR / $ AMOUNT / REFERENCE
1945 / $3.00 / Ga. L. 1945, p. 221
1955 / $5.00 / Ga. L. 1955, p. 383, § 1
1968 / $7.50 / Ga. L. 1968, p. 988, §§ 1, 2
1976 / $10.00 / Ga. L. 1976, p. 702, §§ 1-3
1979 / $15.00* / Ga. L. 1979, p. 988, §§ 1, 2
1982 / $15.00* / Ga. L. 1982, p. 3, § 15
1982 / $20.00** / Ga. L. 1982, p. 1659, §§ 1-4
1983 / $20.00 / Ga. L. 1983, p. 3, § 12
1988 / $20.00 / Ga. L. 1988, p. 548, §§ 1, 2
1991 / $25.00 / Ga. L. 1991, p. 1166, §§ 1, 2
1992 / $25.00 / Ga. L. 1992, p. 1311, § 2
1996 / $25.00 / Ga. L. 1996, p. 883, § 4
2001 / $25.00 / Ga. L. 2001, p. 885, § 3
  • *This change included the following language: “In the event there is multiple service at the same location there shall be only one $15.00 charge for such service of process.”
  • **note: the 1982 change eliminated this language

HISTORY OF FEES CHARGED FOR EVICTING SOMEONE

(Source: GALILEO, University System of Georgia)

YEAR / $ AMOUNT / REFERENCE
1945 / $8.00 / Ga. L. 1945, p. 221
1955 / $9.00 / Ga. L. 1955, p. 383, § 1
1968 / $10.00 / Ga. L. 1968, p. 988, §§ 1, 2
1976 / $10.00 / Ga. L. 1976, p. 702, §§ 1-3
1979 / $15.00 / Ga. L. 1979, p. 988, §§ 1, 2
1982 / $15.00 / Ga. L. 1982, p. 3, § 15
1982 / $15.00 / Ga. L. 1982, p. 1659, §§ 1-4
1983 / $15.00 / Ga. L. 1983, p. 3, § 12
1988 / $20.00 / Ga. L. 1988, p. 548, §§ 1, 2
1991 / $20.00 / Ga. L. 1991, p. 1166, §§ 1, 2
1992 / $25.00 / Ga. L. 1992, p. 1311, § 2
1996 / $25.00 / Ga. L. 1996, p. 883, § 4
2001 / $25.00 / Ga. L. 2001, p. 885, § 3

Act/Resolution 69 of 160

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1945

PART I

Amendment to Constitution of Georgia of 1877. Title I

1945 Vol. 1 -- Page: 221

Sequential Number: 069

Short Title: SHERIFFS' FEES IN CERTAIN COUNTIES. § 24-2823.

Law Number: No. 275.

Full Title: An Act to amend Section 24-2823 of the 1933 Code of Georgia relating to the fees the Sheriffs are entitled to charge and collect for official duties performed by them; and for other purposes.

Be it enacted by the General Assembly of the State of Georgia, and it is hereby enacted by authority of the same that Code Section 24-2823 of the 1933 Code of Georgia providing for fees the sheriffs are entitled to charge and collect for official duties performed by them is hereby stricken in its entirety and in lieu thereof the following is hereby adopted:

[Sidenote: § 24-2823 stricken.]

Code Section 24-2823. Fees enumerated. -- The Sheriffs shall be entitled to charge and collect the following fees for official duties performed by them, to-wit:

[Sidenote: New fees enumerated.]

CIVIL CASES. Serving copy of a process and returning original per copy $ 3.00

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Page: 222

Suit from another county, to be paid in advance $ 3.00

Summoning each witness 1.00

Summoning jury and attending trial to assess damages for right of way 5.00

Services in every case before a jury 2.00

Each levy of fieri facias 3.00

Search and return of nulla bona 3.00

Serving summons of garnishment, or rule against garnishee 2.00

If more than one, for each additional copy 2.00

Summoning jury, case of nuisance, each juror .50

Each juror in any county court .50

Each juror for the Superior Court or City Court .50

Commissions on sales of property, on sums of $50.00 or less, 5 per cent. On excess above $50 up to $550, 2½ per cent. For all sums exceeding $550, on excess, 1¼ per cent. No commissions shall be charged unless property is actually sold.

Making out and executing titles to land 5.00

If presented by purchaser 2.50

Executing bill of sale to personal property, when demanded by purchaser 3.00

Forthcoming bonds 3.00

Serving process against tenant holding over, or intruder upon land to dispossess them 3.00

For dispossessing tenant or intruder 8.00

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00

Settling each execution in his hands, settled without sale 3.00

Settling execution from justice's court 2.00

Keeping horse or mule per day 1.00

Each head of cattle, per day .50

Each head of sheep, hogs, or goats, per day .50

Levying an attachment 3.00

Following property out of county with attachment, for every mile going and returning .10

Attendance, superior or city courts, per day 10.00

Courts of ordinary, per day 5.00

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Page: 223

At elections as required by law, each day $10.00

Collecting tax fi fa's $100.00 or less, each 1.00

Collecting tax fi fa's over $100.00, each 2.00

The per diem for attendance on courts and elections, and service in summoning jurors shall be paid by the county.

CRIMINAL CASES Removing prisoner when habeas corpus is sought for his relief $ 3.00

Removing prisoner under habeas corpus, when no mileage is paid, per day 3.00

Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses. 5.00

Attending person taken by warrant to judge's chamber, for each time 2.50

Conducting prisoner before judge or court to and from jail 2.00

Executing and returning a bench warrant 4.00

Apprehending a person suspected, if committed or held to bail 4.00

Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50

Summoning each witness 1.00

Taking bonds in criminal cases 3.00

Executing a criminal 10.00

Executing a warrant of escape 3.00

Services in every criminal case before a judge or a judge and jury 3.00

Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances.

For turning key on receiving prisoners in County jail 1.00

------

Page: 224

For discharging prisoners 1.00

For feeding prisoners confined in the common jail, such fees as may be fixed by the fiscal authorities of the County who are authorized by law to fix such fees.

The jail fees herein provided shall be paid monthly by the County, provided that local laws regulating county jails or fixing salaries for jailors or their fees shall not be repealed by this provision.

All cost arising from services rendered in felony cases shall be paid from county funds, whether the defendant is convicted or acquitted.

Sheriffs shall be entitled to receive the fees provided for in this section for all arrests in all criminal cases, tried or otherwise disposed of in the Superior, City and Ordinary's court.

[Sidenote: Local laws not affected.]

No local law shall be affected hereby; provided, that if provisions be made by local or special law for special compensation; the sheriff shall not be entitled to compensation both under this section and under such local or special law, unless specifically provided for under such local or special law.

That nothing herein contained shall apply to counties having a population of 83,783 or more according to the 1940 census or any future census.

Approval Date: Approved March 6, 1945.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Short Title: FEES OF SHERIFFS.

Intent: Code § 24-2823 Amended.

Law Number: No. 178

Origin: (House Bill No. 121).

Full Title: An Act to amend Section 24-2823 of the Code of Georgia, relative to the enumeration of sheriff's fees, as amended, so as to change certain of the fees contained therein; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. Section 24-2823 of the Code of Georgia, relative to the enumeration of sheriffs' fees, as amended, is hereby amended by striking in their entirety the provisions thereof and inserting in lieu thereof new provisions as follows:

------

Page: 384

"24-2823. Fees enumerated. -- For summoning each juror, grand or traverse, drawn to serve at any regular term of any city or superior court; or any tales juror, grand or traverse, drawn during any term of any city or superior court, the sum of $1.00. In all counties in this State where the sheriff is paid a salary only, the provisions of this section shall apply as far as fees to be charged but all such fees shall be turned over to the county treasurer or fiscal officer of such county.

[Sidenote: Fees.]

Civil Cases. Serving copy of a process and returning original per copy $ 5.00

Suit from another county, to be paid in advance 5.00

Summoning each witness 1.00

Summoning jury and attending trial to assess damage for right of way 5.00

Service in every case before a jury 2.00

Each levy of fieri facias 5.00

Search and return of nulla bona 3.00

Serving summons of garnishment, or rule against garnishee 5.00

If more than one, for each additional copy 2.00

Summoning jury, case of nuisance, each juror 1.00

Each juror in any county court 1.00

Each juror for the superior court or city court 1.00

Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2½ percent.

For all sums exceeding $550. on excess, 1¼ percent. No commissions shall be charged unless property is actually sold.

Making out and executing titles to land $ 5.00

If presented by purchaser 2.50

Executing bill of sale to personal property, when demanded by purchaser 3.00

Forthcoming bonds 4.00

Serving process against tenant holding over, or intruder upon land to dispossess them 4.00

For dispossessing tenant or intruder 9.00

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00

Settling each execution in his hands, settled without sale 4.00

Settling execution from justice's court 3.00

Keeping horse or mule per day 1.00

Each head of cattle, per day .50

Each head of sheep, hogs, or goats, per day .50

Levying an attachment 4.00

Following property out of county with attachment, for every mile going and returning .12½

Attending, superior or city courts, per day 10.00

Courts of ordinary, per day 5.00

At elections as required by law, each day 10.00

Collecting tax fi. fa's. $100 or less, each 1.00

Collecting tax fi. fa's. over $100, each 3.00

The per diem for attendance on courts and elections, and service in summoning jurors shall be paid by the county.

Criminal Cases. Removing prisoner when habeas corpus is sought for his relief $5.00

Removing prisoners under habeas corpus when no mileage is paid, per day 5.00

Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses 10.00

Attending person taken by warrant to judges chamber, for each time 2.50

Conducting prisoner before judge or court to and from jail 2.00

Executing and returning a bench warrant 6.00

Apprehending a person suspected, if committed or held to bail 6.00

Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50

Summoning each witness 1.00

Taking bonds in criminal cases 4.00

Executing a criminal 10.00

Executing a warrant of escape 4.00

Services in every criminal case before a judge or a judge and jury 3.00

Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances.

For turning key on receiving prisoners in county jail 1.00

For discharging prisoners 1.00

For feeding prisoners confined in the common jail, such fees as may be fixed by the fiscal authorities of the county who are authorized by law to fix such fees.

The jail fees herein provided shall be paid monthly by the county, provided that local laws regulating county jails or fixing salaries for jailers or their fees shall not be repealed by this provison.

All costs arising from services rendered in felony cases shall be paid from county funds, whether the defendant is convicted or acquitted.

Sheriffs shall be entitled to receive the fees provided for in this section for all arrests in all criminal cases, tried or otherwise disposed of in the superior, city and ordinary's court.

No local law shall be affected hereby: Provided, that if provisions be made by local or special law for special compensation, the sheriff shall not be entitled to compensation both under this section and under such local or special law, unless specifically provided for under such local or special law."

Section 2. All laws and parts of laws in conflict with this Act are hereby repealed.

Approval Date: Approved March 3, 1955.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1968

1968 Vol. 1 -- Page: 988

Sequential Number: 154

Short Title: FEES FOR SHERIFFS.

Intent: Code § 24-2823 Amended.

Law Number: No. 1012

Origin: (Senate Bill No. 250).

Full Title: An Act to amend Code section 24-2823, relating to the enumeration of fees for sheriffs, as amended, particularly by an Act approved March 3, 1955 (Ga. L. 1955, p. 383), so as to change fees provided for in civil and criminal cases; to repeal conflicting laws; and for other purposes.

Be it enacted by the General Assembly of Georgia:

Section 1. Code section 24-2823, relating to the enumeration of fees for sheriffs, as amended, particularly by an

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Page: 989

Act approved March 3, 1955 (Ga. L. 1955, p. 383), is hereby amended by striking the following:

"Civil Cases Serving copy of a process and returning original per copy $5.00

Suit from another county, to be paid in advance 5.00

Summoning each witness 1.00

Summoning jury and attending trial to assess damage for right of way 5.00

Service in every case before a jury 2.00

Each levy of fieri facias 5.00

Search and return of nulla bona 3.00

Serving summons of garnishment, or rule against garnishee 5.00

If more than one, for each additional copy 2.00

Summoning jury, case of nuisance, each juror 1.00

Each juror in any county court 1.00

Each juror for the superior court or city court 1.00

Commissions on sales of property, on sums of $50 or less, 5 percent. On excess above $50 up to $550, 2½ percent

For all sums exceeding $550, on excess, 1¼ percent. No commissions shall be charged unless property is actually sold.

Making out and executing titles to land 5.00

If presented by purchaser 2.50

Executing bill of sale to personal property, when demanded by purchaser 3.00

Forthcoming bonds 4.00

Serving process against tenant holding over, or intruder upon land to dispossess them 4.00

For dispossessing tenant or intruder 9.00

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 4.00

Settling each execution in his hands, settled with sale 4.00

Settling execution from justice's court 3.00

Keeping horse or mule per day 1.00

Each head of cattle, per day .50

Each head of sheep, hogs, or goats per day .50

Levying an attachment 4.00

Following property out of county with attachment, for every mile going and returning .12½

Attending, superior or city courts, per day 10.00

Courts of ordinary, per day 5.00

At elections as required by law, each day 10.00

Collecting tax fi. fa's. $100 or less, each 1.00

Collecting tax fi. fa's. over $100, each 3.00"

and inserting in lieu thereof the following:

"Civil Cases Serving copy of process and returning original, per copy $7.50

Suit from another county, to be paid in advance 7.50

Summoning each witness 2.00

Each levy of fieri facias 7.50

Search and return of nulla bona 5.00

Serving summons of garnishment, or rule against garnishee 5.00

If more than one, for each additional copy 2.00

Commissions on sales of property, on sums of $50 or less, 5 per cent. On excess above $50 up to $550, 2½ per cent.

For all sums exceeding $550, on excess, 1¼ percent. No commissions shall be charged unless property is actually sold.

Making out and executing titles to land 7.50

If presented by purchaser 5.00

Executing bill of sale to personal property, when demanded by purchaser 5.00

Forthcoming bonds 5.00

Serving process against tenant over, or intruder upon land to dispossess them 5.00

For dispossessing tenant or intruder 10.00

Taking and returning counter-affidavit when summary process to dispossess tenant or intruder is resisted 5.00

Settling each execution in his hands, settled without sale 5.00

Settling execution from justice's court 5.00

Levying an attachment 7.50

Following property out of county with attachment, for every mile going and returning .12½

Attending, superior or city courts, per day 15.00

Courts of ordinary, per day 7.50

At elections as required by law, each day 15.00

Collecting tax fi. fa's. $100 or less, each 1.50

Collecting tax fi. fa's over $100, each 3.00"

Section 2. Code section 24-2823 is further amended by striking the following:

"Criminal Cases Removing prisoner when habeas corpus is sought for his relief $5.00

Removing prisoners under habeas corpus when no mileage is paid, per day 5.00

Personal services rendered out of the county on official business authorized by the county authorities, per day and actual expenses 10.00

Attending person taken by warrant to judge's chamber, for each time 2.50

Conducting prisoner before judge or court to and from jail 2.00

Executing and returning a bench warrant 6.00

Apprehending a person suspected, if committed or held to bail 6.00

Each person, not exceeding two, who may be employed to guard a prisoner to and from jail, per day 2.50

Summoning each witness 1.00

Taking bonds in criminal cases 4.00

Executing a criminal 10.00

Executing a warrant of escape 4.00

Service in every criminal case before a judge or a judge and jury 3.00

Mileage fees, fees for executing criminals and for guard, fees for subpoenaing witnesses for the State as hereinbefore provided, shall be paid by the county; and no criminal cost herein provided for shall be collectible out of the defendant until after conviction, except costs accruing upon forfeited recognizances.

For turning key on receiving prisoners in county jail 1.00

For discharging prisoners 1.00"

and inserting in lieu thereof the following:

"Criminal Cases Removing prisoner when habeas corpus is sought for his relief $7.50

Removing prisoners under habeas corpus when no mileage is paid, per day 7.50

Attending persons taken by warrant to judge's chamber, for each time 2.00

Conducting prisoner before judge or court to and from jail 2.00

Executing and returning a bench warrant 8.00

Apprehending a person suspected, if committed or held to bail 8.00

Summoning each witness 2.00

Taking bonds in criminal cases 6.00

Executing a warrant of escape 5.00

Services in every criminal case before a judge or a judge and jury 5.00"

Section 3. All laws and parts of laws in conflict with this Act are hereby repealed.

Approval Date: Approved April 8, 1968.

XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX

Act/Resolution 207 of 413

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976

ACTS AND RESOLUTIONS OF THE GENERAL ASSEMBLY OF THE STATE OF GEORGIA 1976

1976 Vol. 1 -- Page: 702

Sequential Number: 207

Short Title: SHERIFFS -- FEES CHANGED, ETC.

Intent: Code § 24-2823 Amended.

Law Number: No. 1088

Origin: (Senate Bill No. 365).